The first part of representing a client and bankruptcy action is an
interview. Almost always, a potential debtor will come in because of
financial hardship. They may have trouble paying bills like mortgages,
credit cards, or car loans. This does not necessarily mean that they
need to file for bankruptcy, but the paralegal must gather sufficient
evidence to make a proper judgment.
Consider the following scenario and questions for your assignment.
The firm’s client, Clem Client, wishes to file for bankruptcy in your jurisdiction.
Clem earns $47,000 per year, has credit card debts of $12,000,
court judgments totaling $8,750 and does not own real estate. He has a
car, valued at $8,000 and a $5,700 car loan.
Prepare a letter to the client which includes:
- Completed “means test” for Chapter 7 bankruptcy which can be found at the United States Bankruptcy Court website.
- Discuss in detail whether or not Mr. Client qualifies for Chapter 7 filing.
- If he did not qualify for a Chapter 7 filing, discuss what other options does he have?