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These days many debtors opt for filing bankruptcy online with the help of an attorney. Filing bankruptcy online can be done in one of two ways. You can file online either with or without an attorney (with certain restrictions). Bankruptcy can be filed online using the PACER system. The PACER system is a federal database that is maintained by the courts. To use PACER you need to pay a fee via the internet or direct-dial access.
These days many attorneys will be happy filing bankruptcy online. In fact, some courts only allow an attorney to file on behalf of their clients via this electronic route. Unfortunately pro se debtors cannot file via PACER and are not allowed to use a credit card to pay filing fees. Typically an attorney will not prepare documents for such debtors that offer an option of online filing.
The vast majority of attorneys are probably happy to liaise with debtors online via e-mail. However you will still need to sign your bankruptcy papers in person.prior to filing bankruptcy online. A reputable attorney will probably ask to meet you in person to make sure you are who you say you are. They will also want to establish a relationship with you so that communication is enhanced and they get a feel for your character.
Due to the new bankruptcy laws an attorney that represents a debtor is actually personally liable for misrepresentations or omissions that pertain to bankruptcy documents. This means that your attorney will probably want to meet you in person at some point before filing bankruptcy online. If an attorney is found liable for any errors he or she may be sanctioned by the court. This being the case few attorneys will take the risk of filing bankruptcy online for a client they have not met personally.
Your attorney will ask you to produce a valid photo identity card and will ask you whether you will permit a background check. When your attorney is satisfied with your credentials he or she will prepare your documents, ask you to sign them and proceed with filing bankruptcy online. You will typically not be asked to appear in court until the meeting of the creditors (11 U.S.C. Sec. 341).
Filing bankruptcy online does make life easier for both the debtor and the attorney. If you want to take advantage of the PACER system talk to your attorney and ask him about filing via the Internet. You might find that he is already practiced in submitting bankruptcy documents online. All you will need to do is pay the fee in order to use the PACER system.
Remember, however, that while filing bankruptcy online is a time and money saving method you will still need to meet with your attorney. Trust is an important aspect of the legal process and your attorney will want to make sure that your credentials are valid and vice versa. Don’t overlook the importance of face to face meetings.
