Friday, January 16, 2009

What is a Virtual Bankruptcy Assistant?

What is a Virtual Bankruptcy Assistant?

According to the NAVBA (the National Association of Virtual Bankruptcy Assistants), a virtual bankruptcy assistant is a person who works under the discretion of a debtor bankruptcy attorney to prepare Chapter 7 and Chapter 13 bankruptcy petitions. The virtual bankruptcy assistant, or VBA, works at a location outside of the law firm and has specialized training in the bankruptcy field. VBAs reduce the workload placed on the debtor bankruptcy attorney by ensuring that the information provided by the debtor is complete and accurate. Combining their specialized knowledge of the bankruptcy laws with their law office training and NAVBA certification, VBAs draft well-detailed petitions for the attorney.

The Role of the VBA

The VBA is not a substitute or replacement for the legal assistant or paralegal. Virtual bankruptcy assistants utilize their knowledge and training to assist the lawyer in running an efficient, streamlined law office. VBAs free up your already busy office staff by handling the time-consuming tasks that slow down your office productivity, such as:

· compiling a list of questions that the debtor will need to answer before the petition can be finalized

· contacting the debtor to obtain missing client intake information

· confirming that the information already provided by the debtor is accurate

· handling the tedious process of typing up the debtor’s bankruptcy petition, including the Means Test

Utilizing the VBA

VBAs can provide the attorney with specialized client intake forms to speed up the client interview process. They can be filled out by the attorney during the client interview or by the debtors themselves. Once the forms are completed, the attorney or legal assistant submits them to the VBA with other necessary documents, such as bill statements, credit reports, tax returns, and proof of income. The VBA then prepares a well-detailed petition, contacting the debtor if necessary to obtain any missing information and verifying the information provided by the debtor to ensure that it is accurate.

VBA Responsibilities

All VBAs are bound by a code of ethics. VBAs are not attorneys and are not permitted to give legal advice. A VBA must always provide both the attorney and client with the highest level of service. They must respect client confidentiality and take full responsibility for their actions. VBAs must also strive to continually educate themselves and update their skills and knowledge.

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