Attorney at Debt Advisors Law Offices
Practice Areas: Chapter 7 Bankruptcy, Chapter 13 Bankruptcy, Stop Foreclosure
Filing for bankruptcy comes with a lot of paperwork. When money is already tight, paying someone less to fill out the forms can seem like a good option.
The problem is that a bankruptcy petition preparer is not a lawyer. They can help with certain paperwork, but they cannot give legal advice or tell you what choices to make in your case.
A Wisconsin bankruptcy lawyer can give legal advice about Chapter 7, Chapter 13, exemptions, property, and debts. A petition preparer cannot.
A bankruptcy petition preparer is a person who prepares bankruptcy documents for payment but is not an attorney or an employee working under an attorney’s direct supervision.
Their job is mainly clerical. They can type information that you provide into bankruptcy forms. They cannot decide what information should go on a form or tell you how bankruptcy law applies to your situation.
Under 11 U.S.C. § 110, a petition preparer cannot give legal advice. Federal law also requires preparers to identify themselves on the documents they prepare and provide required disclosures.
A bankruptcy petition preparer can help type forms. They cannot tell you which bankruptcy chapter to file or which exemptions to claim.
The line between typing and legal advice is important.
|
Question or Task |
Petition Preparer | Bankruptcy Attorney |
| Type information you provide | Yes | Yes |
| Tell you whether to file bankruptcy | No | Yes |
| Recommend Chapter 7 or Chapter 13 | No | Yes |
| Tell you which exemptions to claim | No | Yes |
| Explain whether a debt may be discharged | No | Yes |
| Advise you about keeping a home or car | No | Yes |
| Represent you before the court | No | Yes |
| Communicate with the trustee as your legal representative | No | Yes |
Federal law specifically bars petition preparers from advising a debtor about which chapter to file, whether debts will be discharged, what property can be kept, tax issues, and other legal questions.
That means some of the most important decisions in bankruptcy are outside a preparer’s legal role.
The old $75 figure used in many Wisconsin articles is no longer current in the Eastern District.
Starting January 1, 2026, the U.S. Bankruptcy Court for the Eastern District of Wisconsin set $100 per case as the presumptively reasonable fee for a non-attorney bankruptcy petition preparer. That amount covers help preparing the petition, schedules, statements, applications, and other required documents.
A preparer who believes more than $100 is justified must disclose the fee and explain to the court why the extra amount should be allowed. A preparer who collects more than the limit without court approval may have to refund the excess and can face further sanctions.
The $100 figure is an Eastern District of Wisconsin rule. It should not be presented as a single statewide fee cap for every Wisconsin bankruptcy case.
The problem is not simply whether someone can type the forms correctly. Bankruptcy forms require legal choices. For example, Schedule C asks which exemptions protect your property. Choosing between Wisconsin and federal exemptions may change how much home equity, vehicle equity, cash, or other property is protected.
A petition preparer cannot tell you which exemptions to use. The same problem can arise with secured debts, jointly owned property, tax debts, previous bankruptcy cases, and the choice between Chapter 7 and Chapter 13.
A preparer may type the answer you give. They cannot legally tell you the correct legal answer.
A petition preparer must follow several requirements under federal bankruptcy law.
Among other things, a preparer must:
The Eastern District of Wisconsin also lists Form 119, the Bankruptcy Petition Preparer’s Notice, and the Disclosure of Compensation of Bankruptcy Petition Preparer among the forms that may be required when a preparer is used.
Courts can order refunds, impose fines, or stop a preparer from continuing to provide services when § 110 is violated.
A petition preparer does not personally stop garnishments, lawsuits, or collection calls. The automatic stay generally comes from filing a bankruptcy case, subject to exceptions and special rules. The preparer’s role is limited to document preparation.
This distinction matters because a preparer cannot advise you about whether the automatic stay applies to a specific foreclosure, garnishment, eviction, or other collection action.
If you are thinking about using one, start by making sure the person is clear about what they can and cannot do.
Be careful if someone:
A person offering these services should not present themselves as a substitute for legal advice.
No. Federal law prohibits a petition preparer from advising you which bankruptcy chapter is right for your situation.
No. Choosing exemptions involves legal advice. A preparer can type the exemption information you provide but cannot decide which exemptions you should claim.
Not in the Eastern District. Effective January 1, 2026, the presumptively reasonable fee there is $100 per case.
No. A non-attorney petition preparer cannot act as your legal representative in the bankruptcy case.
No. Federal law allows petition preparers to provide limited document-preparation services. The problem arises when they go beyond that role or fail to follow the requirements of § 110.
Bankruptcy is about more than filling out forms. You also need to make choices about your debts, property, exemptions, income, and which type of bankruptcy fits your situation.
At Debt Advisors Law Offices, our attorneys can review your case, explain your options, and help you prepare for what comes next. Unlike a petition preparer, an attorney can also answer your legal questions and give you legal advice.
Talk with our attorneys about your bankruptcy options.
Learn about bankruptcy protections, types of bankruptcy, how to get started, what to expect, and who to trust. Filing bankruptcy is the ONLY way to completely eliminate debt. If bankruptcy is right for you, it offers powerful protections that cannot be achieved through alternative solutions such as hardship relief, loans, or debt settlement.
