introduction to the virtual bankruptcy assistant career

The Virtual Bankruptcy AssistantThe Virtual Bankruptcy Assistant

2011 Roles and Responsibilities2011 Roles and Responsibilities

The NSVBA roadmap for practicing and future VBA’sThe NSVBA roadmap for practicing and future VBA’s

Effective 2011, this guide will be a required read prior to membership acceptance Effective 2011, this guide will be a required read prior to membership acceptance

National Society of Virtual Bankruptcy Assistants, LLCNational Society of Virtual Bankruptcy Assistants, LLC

NSVBA Copyright 2011

Who is NSVBAWho is NSVBA

The National Society of Virtual Bankruptcy Assistants is a recognized The National Society of Virtual Bankruptcy Assistants is a recognized national organization with an established and respected presence in the national organization with an established and respected presence in the legal community marketing to and educating licensed bankruptcy legal community marketing to and educating licensed bankruptcy attorneys about member services in bankruptcy petition preparation.attorneys about member services in bankruptcy petition preparation.

Only VBA organization to be an invited exhibitor at National Association of Only VBA organization to be an invited exhibitor at National Association of Consumer Bankruptcy Attorneys annual eventsConsumer Bankruptcy Attorneys annual eventsOnly VBA organization to be an exhibitor at the Sacramento Valley Bankruptcy Only VBA organization to be an exhibitor at the Sacramento Valley Bankruptcy Forum annual eventForum annual event Only VBA organization offering basic petition preparation training as part of Only VBA organization offering basic petition preparation training as part of membership with discounts available for advanced training with Morgan King membership with discounts available for advanced training with Morgan King Bankruptcy AcademyBankruptcy AcademyMember resource for training, mentoring, and being part of an active Member resource for training, mentoring, and being part of an active community of fellow business owners community of fellow business owners Attorney resource to easily locate a VBA member by Jurisdiction, Chapter Attorney resource to easily locate a VBA member by Jurisdiction, Chapter filing, and Software Applicationfiling, and Software Application


What is a Virtual Bankruptcy AssistantWhat is a Virtual Bankruptcy AssistantA trained professional in consumer bankruptcy case work including but A trained professional in consumer bankruptcy case work including but not limited to petition preparation and due diligence with emphasis in not limited to petition preparation and due diligence with emphasis in Chapter 7 and Chapter 13 filings.Chapter 7 and Chapter 13 filings.

Individually provide services only to licensed bankruptcy attorneys.Individually provide services only to licensed bankruptcy attorneys. Individually operates as an independent contractor and business Individually operates as an independent contractor and business owner/operator.owner/operator. Individually responsible to adhere to local City and County ordinances in Individually responsible to adhere to local City and County ordinances in the operation of a home-based business.the operation of a home-based business. Individually responsible for all hardware, software licenses, and Individually responsible for all hardware, software licenses, and maintenance agreements required to operate business.maintenance agreements required to operate business. Individually responsible to follow Laws and Regulations in the handling of Individually responsible to follow Laws and Regulations in the handling of confidential and sensitive information and to provide a secured work confidential and sensitive information and to provide a secured work environment.environment. Individually responsible for training and education necessary to stay Individually responsible for training and education necessary to stay current with technology and legal trends of consumer bankruptcy.current with technology and legal trends of consumer bankruptcy.


Responsibilities of a VBAResponsibilities of a VBA

Provides services only to licensed bankruptcy attorneysProvides services only to licensed bankruptcy attorneys

VBA’s are trained professionals who offer services only to licensed bankruptcy VBA’s are trained professionals who offer services only to licensed bankruptcy attorneys in good standing. VBA’s are not to be confused with Legal Document attorneys in good standing. VBA’s are not to be confused with Legal Document Preparers or Legal Document Assistants who must adhere to 11 U.S.C. § 110. Preparers or Legal Document Assistants who must adhere to 11 U.S.C. § 110. VBA’s do not serve the general public.VBA’s do not serve the general public.

VBA’s located in California are to comply with California Business & VBA’s located in California are to comply with California Business & Professions Code Professions Code §6450.§6450.

Operates as an Independent Contractor and Business Owner / OperatorOperates as an Independent Contractor and Business Owner / Operator

VBA’s are solely responsible for the advertising and marketing of their VBA’s are solely responsible for the advertising and marketing of their individual service offerings and price structure. Individual service offerings and individual service offerings and price structure. Individual service offerings and price structure vary between VBA’s and is typically based upon experience, price structure vary between VBA’s and is typically based upon experience, volume, and additional service offerings beyond petition preparation. VBA’s volume, and additional service offerings beyond petition preparation. VBA’s are individually responsible for the structure and management of their respective are individually responsible for the structure and management of their respective Service Agreements.Service Agreements.


Responsibilities of a VBA cont.Responsibilities of a VBA cont.

Operating a Home-Based Business / Virtual ServicesOperating a Home-Based Business / Virtual Services

VBA’s are individually responsible to follow their local City and County VBA’s are individually responsible to follow their local City and County ordinances as it relates to the operation of a home-based business.ordinances as it relates to the operation of a home-based business.

VBA’s are individually responsible for the filing of their own taxes.VBA’s are individually responsible for the filing of their own taxes.

VBA’s are individually responsible to develop and optimize an internet presence VBA’s are individually responsible to develop and optimize an internet presence for their individual business that may include social media and blogging.for their individual business that may include social media and blogging.

VBA’s are individually responsible for the method in which payment of services VBA’s are individually responsible for the method in which payment of services is received and the accounting method by which receivables are tracked and/or is received and the accounting method by which receivables are tracked and/or reported.reported.

VBA’s are individually responsible for all other choices and decisions VBA’s are individually responsible for all other choices and decisions surrounding the operation of their business.surrounding the operation of their business.



Technology (hardware, software licenses, and maintenance agreements)Technology (hardware, software licenses, and maintenance agreements)

VBA’s are individually responsible for their own equipment , software licenses, VBA’s are individually responsible for their own equipment , software licenses, and maintenance agreements. There is a high level of technical expertise and and maintenance agreements. There is a high level of technical expertise and knowledge required in order to effectively deliver virtual services. Those VBA’s knowledge required in order to effectively deliver virtual services. Those VBA’s who do not have the knowledge or expertise in this area would be required to who do not have the knowledge or expertise in this area would be required to learn and develop those skills on their own. VBA’s do not expect their attorney learn and develop those skills on their own. VBA’s do not expect their attorney clients to provide compensation in this area.clients to provide compensation in this area.

VBA’s are individually responsible for their choice of preferred Bankruptcy VBA’s are individually responsible for their choice of preferred Bankruptcy Software application(s) and adhering to licensing requirements.Software application(s) and adhering to licensing requirements.

VBA’s will maintain and manage their own credentials to access PACER (Public VBA’s will maintain and manage their own credentials to access PACER (Public Access To Court Electronic Records). In addition, VBA’s will be knowledgeable Access To Court Electronic Records). In addition, VBA’s will be knowledgeable in utilizing this public application.in utilizing this public application.

VBA’s who offer case filing services will be knowledgeable in the utilization of VBA’s who offer case filing services will be knowledgeable in the utilization of CM/ECF (Case Management / Electronic Case Files) application.CM/ECF (Case Management / Electronic Case Files) application.



Data SecurityData Security

VBA’s are individually responsible for the protection and appropriate handling VBA’s are individually responsible for the protection and appropriate handling of highly sensitive and confidential information.of highly sensitive and confidential information.

Password protect all computer and application access pointsPassword protect all computer and application access points Secure paper workflow in locked filing cabinets or desk drawersSecure paper workflow in locked filing cabinets or desk drawers Never leave work space and information unattendedNever leave work space and information unattended

VBA’s are individually responsible for solutions addressing secure electronic VBA’s are individually responsible for solutions addressing secure electronic messaging .messaging .

VBA’s are individually responsible for solutions addressing the ability to VBA’s are individually responsible for solutions addressing the ability to securely share/transfer client matter with attorney.securely share/transfer client matter with attorney.

VBA’s are individually responsible for their own data back-up and disaster VBA’s are individually responsible for their own data back-up and disaster recovery solutions.recovery solutions.



Training and EducationTraining and Education

VBA’s typically are not attorneys and are individually responsible to be VBA’s typically are not attorneys and are individually responsible to be knowledgeable of UPL (unauthorized practice of law) and consequences .knowledgeable of UPL (unauthorized practice of law) and consequences .

VBA’s are individually responsible to seek out all sources and methods of VBA’s are individually responsible to seek out all sources and methods of training and education in consumer bankruptcy. While some VBA’s bring a training and education in consumer bankruptcy. While some VBA’s bring a history of legal experience to their business, this is not a requirement.history of legal experience to their business, this is not a requirement.

VBA’s are individually responsible to stay current in any and all jurisdictions VBA’s are individually responsible to stay current in any and all jurisdictions which they are offering attorney services. Each District maintains local Rules which they are offering attorney services. Each District maintains local Rules and Procedures in the handling of bankruptcy cases and may vary greatly across and Procedures in the handling of bankruptcy cases and may vary greatly across the Country. the Country.

VBA’s are individually responsible to stay current with trends and news as it VBA’s are individually responsible to stay current with trends and news as it relates to consumer bankruptcy. Key consumer bankruptcy attorney relates to consumer bankruptcy. Key consumer bankruptcy attorney associations and organizations regularly post relevant news stories and current associations and organizations regularly post relevant news stories and current events.events.


Reference LinksReference Links

Bankruptcy Basics : Bankruptcy Basics : US Courts

Document Preparer or Legal Document AssistantDocument Preparer or Legal Document Assistant11 U.S.C. § 110 : US Code – Section 110: Penalty for persons who negligently : US Code – Section 110: Penalty for persons who negligently or fraudulently prepare bankruptcy petitionsor fraudulently prepare bankruptcy petitions

UPL (Unauthorized Practice of Law)

California Business & Professions Code §6450California Business & Professions Code §6450

Independent Contractor: Independent Contractor: IRS definition

U.S. Small Business Administration

PACER (Public Access to Court Electronic Records) (Public Access to Court Electronic Records)NSVBA Copyright 2011

Reference Links cont.Reference Links cont.

Data SecurityData Security

Federal Trade Commission

Gramm-Leach-Bliley Act.

Health Insurance Portability and Accountability Act (HIPAA)

Bankruptcy Software ApplicationsBankruptcy Software Applications

Best CaseBest Case

BK 2011BK 2011

EZFilingEZFiling



Training and EducationTraining and Education

NSVBA offers basic training and materials in petition preparation which is NSVBA offers basic training and materials in petition preparation which is included in membership. Additional member benefit includes discounts for included in membership. Additional member benefit includes discounts for advanced training with Morgan King Bankruptcy Academy. More advanced advanced training with Morgan King Bankruptcy Academy. More advanced training is available with Max Gardner’s Bankruptcy Boot-Camp featuring training is available with Max Gardner’s Bankruptcy Boot-Camp featuring Max’s Bankruptcy Litigation Model.Max’s Bankruptcy Litigation Model.

Morgan King Bankruptcy AcademyMorgan King Bankruptcy Academy

Max Gardner’s Bankruptcy Boot CampMax Gardner’s Bankruptcy Boot Camp

NSVBA membership includes an active, private, member-only support NSVBA membership includes an active, private, member-only support system (listserv) by which seasoned VBA’s are happy to share real-world system (listserv) by which seasoned VBA’s are happy to share real-world solutions to petition preparation questions ranging from simple to complex solutions to petition preparation questions ranging from simple to complex case scenarios. case scenarios.



Key Consumer Bankruptcy Organizations and AssociationsKey Consumer Bankruptcy Organizations and Associations

NACBA (National Association of Consumer Bankruptcy Attorneys)NACBA (National Association of Consumer Bankruptcy Attorneys)

ABI (American Bankruptcy Institute)ABI (American Bankruptcy Institute)


introduction to the virtual bankruptcy assistant career

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