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10Running a BPP Practice
10

Running a BPP Practice

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Business, Ethics, and Long-Term Success

Non-Attorney Notice

This module addresses the business and operational side of running a bankruptcy petition preparer practice. Nothing in this module constitutes legal advice, business advice, tax advice, or financial advice. Consult qualified professionals before making decisions about business structure, insurance, or tax treatment.

Setting Up Your BPP Business

Before you prepare your first client document, you need a legally compliant business structure. The structure you choose affects how you pay taxes, what liability protections you have, and how you register with your state. The three most common options for BPPs are sole proprietorship, LLC, and S-Corp.

Sole Proprietorship

The simplest structure. You operate under your own name or a DBA (doing business as). No formal registration required in most states beyond a local business license. No liability separation between personal and business assets. Easiest to start, highest personal exposure.

LLC (Limited Liability Company)

Creates a legal separation between you and your business. Provides liability protection for personal assets. Requires state registration, an operating agreement, and annual fees. Most BPPs who operate beyond a solo side practice choose LLC for its balance of simplicity and protection.

S-Corp

A tax election, not a separate legal structure. Requires first forming an LLC or corporation, then electing S-Corp status with the IRS. Can provide payroll tax savings at higher income levels. More administrative overhead. Consult a CPA before choosing this path.

Registration Requirements

Regardless of business structure, you will need a state business license, any required local permits, and an EIN from the IRS. Your EIN is required for your § 110 disclosure and for any business banking or tax filings.

Business Name Rules

Business Name Restriction

Your business name must not include "law", "legal services", "attorney", or "counsel" in any form. Names that imply attorney services are prohibited and can result in regulatory action even before you prepare a single document.

Permitted name approaches: your own name followed by "Document Preparation", "Petition Services", "Filing Assistance", or similar terms that accurately describe what you do. Check with your state's business registration office to confirm your name does not conflict with existing registrations.

Business Setup Checklist

  • Choose a business structure (sole proprietorship, LLC, or S-Corp) and consult a business advisor on compliance implications
  • Register your business name with your state and confirm it contains no terms implying attorney services
  • Obtain an Employer Identification Number (EIN) from the IRS even if you have no employees
  • Apply for required state business license and any local permits
  • Open a dedicated business bank account separate from personal funds
  • Retain copies of all registration documents and renew on schedule each year

Pricing Your Services

BPPs may structure their fees in several ways: a flat fee per case type, per-form fees, or bundled packages that include multiple documents. Most clients prefer flat fees because the total cost is clear before they commit. Whatever structure you choose, transparency and written disclosure are required under § 110.

Market Rate Reference

The ranges below reflect typical BPP market rates. Your rates may vary based on your local market, experience, and service scope.

Service TypeTypical BPP RangeJustiPal Equivalent
Chapter 7 petition preparation$150 to $400Bankruptcy Workflow ($297)
Chapter 13 petition preparation$300 to $600n/a -- complexity warrants attorney
Divorce petition preparation$100 to $300Divorce Workflow ($197)
Name change petition preparation$50 to $150Name Change Workflow ($97)

Prohibited Fee Arrangements

You may never charge contingency fees or fees tied to case outcome. Your fee is for document preparation services rendered -- not for the result the client achieves in court.

Transparent Pricing Checklist

  • Post your fee schedule publicly or provide it in writing before any work begins
  • Disclose your fees in the signed client agreement as required by 11 U.S.C. § 110
  • Never tie your fee to the outcome of the case or the court's decision
  • Issue a written receipt for every payment received
  • Retain copies of all fee disclosures and receipts for a minimum of three years

Client Agreements and Contracts

A written client agreement is not optional for a BPP -- it is a legal requirement under 11 U.S.C. § 110. The agreement must be signed before any work begins and must contain each of the following elements.

Required Agreement Elements

  • Full legal name and contact information for both the BPP and the client
  • Scope of services: what documents will be prepared and what is explicitly excluded
  • 11 U.S.C. § 110 disclosure: your name, address, and SSN or EIN as required
  • Non-attorney notice: a clear statement that you are not an attorney and cannot provide legal advice
  • Fee amount: the exact dollar amount charged for the services described
  • Payment terms: when payment is due and accepted payment methods
  • Refund policy: under what conditions, if any, a refund will be issued
  • Signature lines for both the BPP and the client with date fields

Sample Agreement Language

BANKRUPTCY PETITION PREPARER CLIENT AGREEMENT

SCOPE OF SERVICES
[BPP Name] ("Preparer") agrees to prepare the following documents for [Client Name]:
  - B101 Voluntary Petition
  - B106 Schedules A/B through I/J
  - B107 Statement of Financial Affairs
  - B108 Statement of Intention
  - B121 SSN Form
  - B122A-1/2 Means Test Calculation
  - Creditor Matrix

Preparer is NOT an attorney and will NOT provide legal advice of any kind.

11 U.S.C. § 110 DISCLOSURE
Preparer name: [Name]
Preparer address: [Address]
Preparer EIN: [EIN]

NON-ATTORNEY NOTICE
The Preparer is not an attorney licensed to practice law in any jurisdiction.
The Preparer cannot give legal advice, represent the Client in court, or
advise the Client on legal strategy, exemptions, or case outcomes.

FEE AND PAYMENT TERMS
Total fee: $[amount]
Due: Upon signing this agreement, before document preparation begins.
Accepted payment: [methods]

REFUND POLICY
If the Client cancels before document preparation begins, a full refund will
be issued within 5 business days. No refund is issued after preparation begins.

CLIENT SIGNATURE __________________ DATE ______
BPP SIGNATURE ____________________ DATE ______

Operating Without a Written Agreement

A BPP who fails to provide a written client agreement as required by § 110 is subject to civil penalties, court-ordered disgorgement of fees, and potential injunction from providing further BPP services. The written agreement protects both the client and the BPP -- never proceed without one.

Documentation and Retention

Retain a copy of every signed client agreement, fee disclosure, and prepared document for a minimum of three years after the engagement closes. Store records in a format you can produce on short notice if a court inquiry arrives.

Marketing Your BPP Business

You may market your services through flyers, community bulletin boards, social media, word of mouth, and referral networks. What you cannot do is make claims that imply legal expertise, suggest your services are equivalent to an attorney, or guarantee any specific outcome.

Permitted vs. Prohibited: 4 Scenarios

Scenario 1

Permitted

"We prepare your bankruptcy petition accurately and completely" OK

Prohibited

"We get your bankruptcy case approved" Not OK

BPPs prepare documents -- they do not control court outcomes.

Scenario 2

Permitted

"Free consultation to explain our services" OK

Prohibited

"Legal advice on your options" Not OK

Explaining your services is permitted; giving legal advice is not.

Scenario 3

Permitted

"Referrals from satisfied clients" OK

Prohibited

"Best legal document service in [city]" Not OK

Superlative claims implying legal expertise are prohibited.

Scenario 4

Permitted

"Flat-fee document preparation" OK

Prohibited

"Save thousands vs. hiring a lawyer" Not OK

Comparative claims against attorneys imply a legal service equivalence that does not exist.

Professional Network

Completing this BPP Certification qualifies you to list your practice in the JustiPal Professional Network, where consumers searching for certified bankruptcy petition preparers can find you. Visit /professionals/bankruptcy-preparers to learn more.

Building Client Relationships and Retention

Repeat clients and referrals are the foundation of a sustainable BPP practice. Both depend on a consistent, professional client experience from the first contact through the final handoff.

Client Onboarding Workflow

1. Intake

Collect the client's information using your standard intake form. Confirm the case type and scope of services before proceeding.

2. Fee Agreement

Review and sign the client agreement together. Collect payment or confirm payment terms. Provide the client a copy of the signed agreement.

3. Document Collection

Provide the client with a document checklist. Set a clear deadline for document delivery. Follow up promptly if documents are not received on time.

4. Preparation

Complete all forms from client-provided documents. Run the QC checklist before the packet is considered ready. Do not proceed to handoff without passing QC.

5. Handoff

Deliver the completed packet. Walk the client through the contents. Confirm next steps, filing location, and what to do if they receive a court notice.

Communication Cadence

Adopt a 24-hour response standard for all client communications. Send a brief progress update at each milestone: when the agreement is signed, when documents are received, when preparation is underway, and when the packet is ready. Clients who feel informed rarely become difficult clients.

Referral Programs

A simple referral program can generate consistent new business. Ask every satisfied client for a referral at handoff. Incentives can be a small fee reduction for the referred client, a thank-you card, or simply a warm personal request. Do not pay referral fees to third parties in exchange for client leads, as this may create undisclosed financial relationships that affect your compliance posture.

Escalation Trigger: Client Fraud

If a client asks you to help them lie on any court form, end the engagement immediately and document the conversation in writing. Do not prepare any additional documents for that client. Assisting with false statements on court filings exposes you to criminal liability, regardless of whether you are aware of the full context.

Client Satisfaction and Reviews

After handoff, send a brief follow-up message thanking the client and asking if they would be willing to leave an honest review. Do not offer incentives for positive reviews. Authentic reviews from real clients are your most credible marketing asset.

Staying Compliant Over Time

Compliance is not a one-time setup task -- it is an ongoing practice. Court rules change, § 110 interpretations evolve, and your business circumstances shift. The annual compliance review below is a minimum standard.

Annual Compliance Checklist

  1. 1Review your fee schedule and confirm it is posted and current
  2. 2Update your § 110 disclosure form if your contact information or EIN has changed
  3. 3Check local court websites for rule amendments in every district where you work
  4. 4Review and update your client agreement to reflect any changes in your services or fee structure
  5. 5Audit your client record files and confirm retention of all records at least three years back
  6. 6Review your business insurance and professional liability coverage with an advisor
  7. 7Renew your state business registration and any local permits before expiration
  8. 8Complete at least one professional development activity related to bankruptcy or document preparation
  9. 9Review your online profiles and directory listings for accuracy
  10. 10Check in with your peer network for any regulatory updates you may have missed

Monitoring Regulatory Changes

Key sources for regulatory updates: PACER (for court notices and procedural orders), uscourts.gov (for national form updates and official publications), and your local district court website (for local rule amendments). Review each of these sources at least once per quarter.

If You Receive a Court Notice or Inquiry

1

Step 1: Do not ignore it

Read the notice carefully and note any deadline. Court inquiries always require a response within a stated timeframe.

2

Step 2: Pull your records

Locate all documents related to the client and the preparation engagement: signed agreement, fee disclosure, intake forms, and all prepared documents.

3

Step 3: Consult a legal advisor

Before responding to the court, consult with an attorney familiar with BPP practice. Do not respond without understanding your rights and obligations.

4

Step 4: Respond in writing

Provide a factual, documented response to the court's inquiry. Attach supporting records. Keep a copy of everything you submit.

Professional Liability Considerations

Some BPPs carry professional liability or errors and omissions insurance. Whether this makes sense for your practice depends on your volume, the case types you handle, and your personal risk tolerance. This module does not recommend specific coverage -- consult an insurance advisor familiar with document preparation businesses before making a coverage decision.

Scaling Your BPP Practice

Most BPPs start with one case type and expand once they have strong systems in place. The natural progression is bankruptcy first (highest demand and most structured forms), then divorce petition preparation, then name change petitions. Each new case type requires learning the applicable local forms and court rules before accepting clients.

Hiring and Subcontracting

Administrative assistants can handle scheduling, intake coordination, and client communication without touching document preparation directly. They do not need to separately comply with § 110 as long as they are not preparing documents. If you subcontract document preparation to another BPP, that BPP must independently comply with § 110 for every document they prepare.

Team Growth and § 110

If your team grows, every person who prepares documents must separately comply with § 110 -- you cannot share a § 110 registration. Each preparer must sign every document they prepare and include their own identifying information on the required disclosure.

Technology and Tools

As your volume grows, consider tools for: document management (organized storage and retrieval of client files), client tracking (intake status, outstanding documents, preparation progress), and scheduling (appointment management, deadline reminders). Cloud-based tools with strong access controls are preferable given the sensitivity of client financial information.

JustiPal Platform Integration

Completing the BPP Certification qualifies you for listing in the JustiPal professionals directory. The directory connects consumers who need document preparation services with certified, verified preparers. Being listed gives you a credible, centralized presence that clients can find when searching for help.

Growth Path

1

Solo Practice

One BPP, one or two case types, direct client relationships, all § 110 filings under your name.

Start here: mastery before scale.

2

Small Team

Add administrative staff for scheduling and intake. All document preparers must comply independently with § 110.

Each preparer is individually responsible.

3

Regional BPP Network

Multiple BPPs serving a geographic area, shared systems and client referral infrastructure, consistent quality standards.

Build standards before expanding headcount.

Module 10 -- Knowledge Check

These five questions cover the core concepts from this module. No answer key is provided. Review the relevant section above if you are uncertain about any item.

1

Question 1

What three elements are required in every client fee agreement under § 110?

2

Question 2

Your client asks if their bankruptcy case will be approved. What do you say?

3

Question 3

A competitor advertises "We'll save you $3,000 compared to a lawyer." Why is this problematic for a BPP?

4

Question 4

After 12 months in business, what are the top 3 compliance items you should review annually?

5

Question 5

You receive a court inquiry about a petition you prepared. Walk through your 4-step response protocol.

This content prepares you to complete §110 compliance requirements accurately.