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What is a California Bankruptcy Petition Preparer?

In California in order to prepare bankruptcy documents for an individual representing themselves (in pro se) you must register as a Bankruptcy Petition Preparer.

A California Bankruptcy Petition Preparer is a person who is non-attorney who prepares a document for filing in the United States Bankruptcy Court.

"A Bankruptcy Petition Preparer may only type forms. When a bankruptcy petition preparer provides services that go beyond typing forms, those services can constitute the unauthorized “practice of law.” (11 U.S.C. § 110)

"The maximum allowable charge for a Bankruptcy Petition Preparer's services is $150, including any and all expenses such as photocopying, messenger or courier charges, postage, telephone, etc. This fee does not include the filing fee that must be paid to the clerk of the bankruptcy court; the debtor(s) is to make that payment directly to the court.

To learn more about the Bankruptcy Petition Preparer guideline click below.

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Find a Bankruptcy Petition Preparer near you on our Professional Directory

Professional Directory

If you are already registered as a California Bankruptcy Petition Preparer and would like to connect with other BPP like yourself join our Facebook group:

CA Bankruptcy Petition Preparers Group

AB 2834, as amended, Kiley. Notaries public: certificate corrections.

This bill would allow a currently commissioned notary public to correct an error in a notarial certificate attached to a grant deed, mortgage, deed of trust, quitclaim deed, security agreement, or other real estate document, if the error is one that prevents the document from being recorded by a county recorder. 

The bill is narrowly-tailored to target very specific harms that can befall consumers if a document memorializing a real estate transaction cannot be recorded due to notarial error. For example, a home buyer may forfeit the mortgage interest rate on their home loan, due to expiration of a rate lock. Or the purchaser may have given up their apartment, but be unable to move into their new home. Or the failure of a transaction to close may mean that the seller of a home lacks the funds to close on the purchase of their next home. 

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202120220AB2834_Assembly Judiciary.pdf

Simply put, in order to provide legal services as a Legal Document Assistant (LDA), you must have effective written materials.

LDAs may not provide any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms, or strategies, BPC§6400 (g).

LDAs can, however, provide general published factual information that has been written or approved by an attorney, pertaining to legal procedures, rights, or obligations to a person who is representing himself or herself in a legal matter, to assist the person in representing himself or herself, BPC§6400 (d)(2).

So, invest in your legal resource library. You can even develop your own materials, to have them approved by an attorney for your clients.

Due to staffing resource issues, effective Monday, April 4, 2022, the Family Law Division will no longer be able accept domestic violence and elder/dependent adult abuse restraining order requests by email. 

The court will continue to accept these applications through our drop box available in the public lobby between the hours of 8:00 a.m. and 5:00 p.m.

The information provided on the courts website will be updated to be consistent with this change and each email received in the Dept. 127 inbox will get an automatic reply with information about how to properly submit.

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Pursuant to FC 2338.5 Respondent's signature must be notarized on the Marital Settlement Agreement. This included cases where both parties are represented by counsel…

2338.5. Where a judgment of dissolution or nullity of marriage or legal separation of the parties is to be granted upon the default of one of the parties:

(a) The signature of the spouse who has defaulted on any marital settlement agreement or on any stipulated judgment shall be notarized.

Previously, Default Stipulated Judgments (submitted with an MSA) in Sacramento County were accepted by the court where neither Petitioner's or Respondent's signatures were notarized, if said party was represented by counsel pursuant to Sacramento County Local Rule 5.12.

12/23/2021 Notice from the Court:

It is not the policy of the Court to require notarized signatures for agreements for attorney represented litigants.  The following is our local rule.  Please have the attorney resubmit their judgment with the rejection notification, and this issue will be addressed with the Court. 

5.12 Signature of Self-Represented Party on Agreement or Stipulation - Notary Required. The signature of a defaulted self-represented party to an Agreement or Stipulation shall be subscribed by a duly authorized Notary Public. (Adopted 1/1/2013; revised 1/1/2016)

Going forward signatures on marital settlement agreements or stipulations must be notarized.

Assembly Bill 1916 was introduced by Assembly Member Chen on 02/09/2020 will extend the LDA "Sunset Clause" to January 1, 2029.

Existing law repeals "sunsets" the Legal Document Assistant or Unlawful Detainer Assistant BPC 6400 on January 1, 2024.

This bill would extend the operation of BPC 6400 securing the Legal Document Assistant or Unlawful Detainer Assistant professions through January 1, 2029

Read the bill

Senate Bill 670 was controversial legislation that would have eliminated the Immigration Consultant profession [#nonattorneys] in #California.

The bill would have not only wiped out hundreds of small minority owned businesses but divesting in immigrant communities who are most often essential workers relying on IC for affordable immigration document preparation services.

All as the economy starts to recover after the Pandemic and the ever-evolving myriad of variants. Like the COVID variants, SB 670 is one of Senator Anna Caballero's many bills attempting to do away with the Immigration Consultant profession. 

Immigration Consultants are small family-owned businesses from the communities they serve. They do not have endless resources or state funding like opposition sponsors CHIRLA or CRLAF. The defeat of SB 670 is a win for non-attorneys everywhere.

Is the State Bar the right agency to regulate Paraprofessionals in light of mishandling of the Tom Girardi scandal?

The bar is an association for attorneys by attorneys. What interest does the bar have in the advancement of non-attorney legal providers? The Department of Consumer Affairs would be better tasked with development, regulation and oversight. 

"While low-income people charged with crimes are entitled to representation by a public defender, there is no similar right in civil cases. Lawyers take on some civil cases on a contingency basis, requiring no upfront payment. Still, some 70% of Californians who faced a civil problem in 2019 did not have legal assistance, according to research by the State Bar of California, which licenses and regulates lawyers. Health, finance, employment and housing were the most common legal problems they faced.

The bar’s mishandling of Tom Girardi — the high-profile lawyer who gained fame appearing on “The Real Housewives of Beverly Hills” and has been accused of bilking clients for decades without facing public discipline — raised questions about the bar’s credibility as a regulator. A Times investigation last year revealed that Girardi wined and dined bar officials as he faced complaints of skimming clients’ money and other unethical behavior. The bar is now investigating whether its own employees helped Girardi evade punishment.

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Last minute amendments could shut down the Immigration Consultant profession driving consumers to unregulated "Notarios" who are the real threat to vulnerable immigrant communities. 

In addition to the change in professional title from Immigration Consultant to Immigration Form Preparer, the amendments include hour fee caps of $30 per hour.

Immigration Consultant business are predominately small minority owned business who serve as pillars in the immigrant communities they have successfully served for over 20 years providing low-cost document preparation services they cannot obtain anywhere else.

Contact Bill Anderson with the National Notary Association to join the fight against the attach on non-attorney legal service providers.

Bill Anderson

Vice President, Government Affairs

National Notary Association

Ph: (818) 739- 4064

banderson@nationalnotary.org

"[T]he wealthy and large businesses can afford legal help, and legal aid can only help some of the poorest Californians – typically families making less than $44,000 annually. This leaves the urgent needs of the large middle mostly unmet."

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