bankruptcy legal assistant Interview Questions and Answers

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100 Interview Questions and Answers for Bankruptcy Legal Assistant

  1. What is your understanding of bankruptcy law?

    • Answer: Bankruptcy law governs the legal procedures individuals and businesses can use to relieve themselves of overwhelming debt. It involves different chapters of the bankruptcy code (e.g., Chapter 7, Chapter 11, Chapter 13) each with specific requirements and outcomes, aiming to provide a fresh financial start while fairly distributing assets among creditors.

  2. Explain the difference between Chapter 7, Chapter 11, and Chapter 13 bankruptcy.

    • Answer: Chapter 7 is liquidation bankruptcy, where non-exempt assets are sold to pay creditors. Chapter 11 is reorganization bankruptcy, typically used by businesses to restructure debts and continue operations. Chapter 13 is a wage-earner's plan, allowing individuals with regular income to repay debts over three to five years.

  3. What are some common exemptions claimed in bankruptcy?

    • Answer: Common exemptions vary by state but often include a portion of equity in a home, a vehicle, personal property, and retirement accounts. The specific amounts and types of property exempted are determined by state and federal law.

  4. What is the role of a trustee in bankruptcy?

    • Answer: In Chapter 7, the trustee is appointed to administer the debtor's assets, investigate the debtor's financial affairs, and ensure creditors receive their fair share. In Chapter 13, the trustee oversees the debtor's repayment plan and monitors compliance.

  5. What is a creditor's meeting (341 meeting)?

    • Answer: The 341 meeting is a meeting of creditors where the debtor is examined under oath by the trustee and creditors' attorneys regarding their financial affairs and the accuracy of their bankruptcy petition.

  6. What is a discharge in bankruptcy?

    • Answer: A discharge is a court order relieving the debtor from personal liability for certain debts. Not all debts are dischargeable, such as student loans, most taxes, and certain types of fraud.

  7. What are your experience with legal research?

    • Answer: [Describe your experience with legal research databases like Westlaw or LexisNexis, mentioning specific research methods and case law analysis skills.]

  8. How proficient are you with Microsoft Office Suite (Word, Excel, Outlook)?

    • Answer: [Describe your proficiency level, highlighting specific skills like document formatting, spreadsheet management, and email communication techniques.]

  9. Describe your experience with electronic filing systems (e.g., PACER, CM/ECF).

    • Answer: [Describe your experience with these systems, highlighting your ability to navigate them efficiently and meet deadlines.]

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