Because of the ever changing bankruptcy rules, regulations and changes in the laws, the initial interview of the client is vitally important and often attended by both the attorney and the paralegal or legal assistant. An individual can file a Chapter 7 or Chapter 13 Bankruptcy petition to ease the pain of being overtly in debt.
These options allow the debtor to take different approaches to obtain relief from indebtedness, and as such the requirement and form(s) necessary to be completed are different. This is one of the major reasons why a legal assistant should be present during the interview because you, as a legal assistant, are the one whom the client will be contacting and be working with to complete the forms necessary to file the bankruptcy. You will also likely be the one who is verifying the information and answers provided by the client with their creditors as to their outstanding debts, which may be considered contingent, disputed and/or unliquidated claims.
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A word of caution: In this regard, as it relates to secured or unsecured claims, you should be careful to verify the nature and extent of the secured interests and what assets were pledged to secure those interests. Also, you should determine and verify any and all amounts due and owing state, federal or other type of governmental taxes. In addition, be sure that you verify and flag any property that would be considered exempt under the bankruptcy laws as that property is listed separately on a debtor's schedules.
The simple fact is that clients don't always tell the truth. Some do not understand the law and simply do not know whether a particular property is considered secured or unsecured under the Bankruptcy Code. It is your role as a paralegal to confirm, as best you can, the nature and type of property listed.
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