People who call a bankruptcy office are often embarrassed, frightened and exhausted. The assistant or paralegal they speak to may be the first person to treat their situation calmly. That is a real service, and it carries a risk: clients will ask questions that can only be answered by an attorney, and a kind, confident answer can slide into legal advice. This guide offers practical ways to be helpful and stay in your role. It is general guidance, not legal advice.
The basic approach
- Listen first. Let the client explain. Take notes.
- Acknowledge the situation without judgment.
- Give process information you are permitted to give, such as what documents are needed and what happens next.
- Refer legal questions to the attorney, and say when they will get an answer.
- Write it down so the attorney has the question and the facts.
The reasoning behind that boundary is in what non-attorney assistants may and may not do, and the related when a client mentions debt.
What you can usually say
- "Thank you for gathering all of this. It is a lot, and you are doing the hard part."
- "I can tell you which documents we need and by when."
- "The next step is the meeting with the attorney. Here is what to bring."
- "After we file, the trustee will contact us for some documents, and I will tell you exactly what to send."
- "I will write down your question and make sure the attorney answers it."
Questions to refer, and how to say it
These are typical questions that call for legal judgment. A short, kind, consistent reply works well for all of them:
| Client asks | A good response |
|---|---|
| "Which chapter should I file?" | "That is a legal decision, and the attorney will go through it with you. I will note your question and your goals so it is covered." |
| "Will I lose my house or car?" | "The attorney will look at your specific situation and explain your options. Let me write down what you own and owe so they have the full picture." |
| "Will this debt be wiped out?" | "Some debts are treated differently than others, and only the attorney can tell you how yours will be handled. I will flag this one for them." |
| "Can I pay one creditor before I file?" | "Please do not make that decision yet. Payments before filing can matter, so I will ask the attorney to speak with you first." |
| "Should I give my brother back the money I borrowed?" | "Please hold off until you have spoken with the attorney. Repayments to family can be important in a case." |
| "Can I leave this account off? It is small." | "I understand, but everything needs to be listed accurately. The attorney can explain why, and I will help you gather the information." |
| "What are my chances?" | "I cannot predict an outcome. The attorney can give you an honest picture once they have reviewed your documents." |
Situations that need an immediate flag
Tell the attorney promptly, and note the exact words used, when a client mentions:
- A foreclosure sale date, repossession threat or garnishment (see handling rush filings).
- Recent transfers of property, large payments to relatives or sudden big purchases.
- Child support, tax debts or student loans (see debts that bankruptcy does not discharge).
- An upcoming inheritance, lawsuit or settlement.
- A wish to hide an asset or leave off a creditor. This one needs a clear response: everything must be disclosed, and the attorney must know.
- Signs of distress that go beyond finances. If a client seems to be in crisis, follow your office's procedure for getting them support.
Be kind, and be exact
- Avoid jargon, or explain it. "341 meeting" means nothing to most clients; "a short meeting where the trustee asks you some questions" does.
- Avoid promises: no guarantees about outcomes, timing or what will be discharged.
- Be consistent. Clients compare what different people in the office tell them.
- Document each conversation in the file, with the date and what was said.
Protecting the relationship and the attorney
A clear boundary protects the client from wrong advice, the attorney from responsibility for words they did not authorize, and you from the risk of crossing a line. It also builds trust: the client learns that you answer what you can and that you get them answers to the rest. For remote assistants, the same applies in emails and calls. The attorney remains in charge of the relationship, as described in supervising a remote assistant.
Next steps
NAVBA members pledge to work solely in support of licensed attorneys. Read the Code of Ethics, and join NAVBA if you want to work to that standard. Attorneys looking for assistants who communicate this way can hire a virtual bankruptcy assistant.
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.
