A good bankruptcy assistant can give you back hours every week. A poor one can cost you amended filings, trustee questions and a lot of your own time spent fixing drafts. Because the work lands under your signature, it is worth vetting a Virtual Bankruptcy Assistant (VBA) the way you would vet any professional you rely on.
Start with the basics
- What do they actually do? A strong candidate describes petition preparation for attorneys in specific terms: intake review, drafting schedules, the means test, the statement of financial affairs, and how they handle missing documents.
- Which chapters? Chapter 7 and Chapter 13 are different skills. Ask which they do regularly, and be wary of anyone who claims every kind of work equally.
- Which software? Ask what bankruptcy software they use and whether they can work in the program you already own, or deliver files in a format you can import.
- How long have they done this, and for whom? Experience matters less than whether it was in consumer bankruptcy, but reasonable references should be easy to provide.
Ask about the line between their work and yours
This is the single most useful question. A trustworthy assistant knows that they prepare, and you decide. Ask how they handle a client who asks them which chapter to file or which exemption to claim. The right answer is that they refer those questions to you. Anyone who offers to give legal advice, or who suggests working directly with debtors without an attorney, is describing a practice you should not be part of. For more on this, see what non-attorney assistants may and may not do.
Ask how they protect client data
Debtor files contain Social Security numbers, account numbers and tax returns. Ask how files are transferred to and from them, where they are stored, how they are backed up, and what happens to them when a case closes. NAVBA members pledge in the Code of Ethics to protect and back up client data, to provide it to the attorney on request, and to dispose of sensitive information once it is no longer needed. Whoever you hire, you want clear answers, not reassurance.
Check certification, but do not stop there
Certification is optional, and it should not be the only thing you look at. It does show that someone has been tested on the petition as a whole. NAVBA's Bankruptcy Petition SpecialistTM certification covers Chapter 7, Chapter 13 or both; see the certification page for what each exam measures. Weigh it alongside references, turnaround and communication.
Run a small test case
An interview can only tell you so much. Give the candidate one straightforward case, review the result against a checklist, and note three things: how accurate the draft is, what questions they sent back, and how they communicated when something was missing. A good assistant flags problems early rather than guessing. Our petition review checklist works well for this.
Red flags
- Promises of a flat guarantee of savings, speed or results, with no questions about your practice.
- Reluctance to say how they store or transfer client files.
- No questions about your local rules, trustee preferences or software.
- Offers to work directly with the public, or to advise debtors.
- Vague answers about who actually does the work, including whether it is passed on to someone else.
- No process for flagging missing documents or inconsistent numbers.
- Reluctance to put the scope of work in writing.
Where to look
The NAVBA directory lists Virtual Bankruptcy Assistants who are members, and attorneys can contact them directly at no cost. If you would rather have a few names, request a VBA and we will point you to members who are accepting work. Once you have chosen, see our guides on the first 30 days and supervising remote work.
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.
