Many consumer bankruptcy attorneys find that their calendar is not evenly spread across the year. Busy stretches arrive in clusters, and a common one comes early in the year when clients receive tax refunds and decide what to do next. The surge comes quickly and then it is gone. Hiring permanent staff for a temporary peak is an expensive way to handle it.
The real problem: the fixed cost of capacity
If you hire for your busiest week, you pay for that capacity all year. If you hire for the average week, the peak turns into late nights, delayed filings and clients waiting. Neither is a good outcome when a debtor is facing a foreclosure sale or a garnishment.
What to outsource, and what to keep
The work that scales worst in a surge is the part that takes the most hours per case: gathering information into the petition and schedules. That is the core of what a Virtual Bankruptcy Assistant does. Meanwhile, the work that has to stay with you does not change: advising clients, choosing the chapter, approving the exemptions, reviewing, signing and filing.
A sensible split in a busy period looks like this:
- The assistant drafts the petition and schedules from the client file, and handles research such as PACER searches and valuations.
- You review and decide, using a consistent checklist (see our petition review checklist).
- Someone files. Many VBAs can handle the e-filing for you if you would rather not tie up staff.
Plan before the rush
- Find your assistant in the slow season. A relationship formed under deadline pressure is harder than one you test beforehand.
- Start with one case. Send a case, review it, and agree on turnaround and price before you depend on it.
- Have a backup. If one person reaches capacity, a second name you already trust keeps things moving.
- Ask about emergencies. Some VBAs are available evenings and weekends for skeleton petitions when a filing cannot wait.
- Standardize your intake. The faster the client file arrives complete, the faster the petition comes back.
Why the cost model matters
With a VBA you pay per petition. A quiet month costs you nothing, and a busy one does not require you to hire ahead of the work. There is no payroll, no benefits and no workspace to provide, which also means no one to let go when the surge ends.
Next steps
You can browse the NAVBA directory to contact Virtual Bankruptcy Assistants directly (it is free to use), or request a VBA and we will point you to members who are accepting work. To see the business case in more detail, our free eBook, How to Increase Profits for Your Law Firm, is a good place to start.
This article is general information about bankruptcy practice, not legal advice. Local rules, trustee preferences and state law vary, so confirm current requirements for your jurisdiction.
