The document outlines the roles and responsibilities of Virtual Bankruptcy Assistants (VBAs) who are independent contractors that provide petition preparation and other bankruptcy case services solely to licensed attorneys. It describes that VBAs must operate their own home-based businesses, be responsible for technology, data security, training and education, and comply with all relevant laws and regulations. VBAs work with bankruptcy attorneys but are not considered legal document preparers.

1. National Society of Virtual Bankruptcy Assistants, LLC
The Virtual Bankruptcy Assistant
2011 Roles and Responsibilities
The NSVBA roadmap for practicing and future VBA’s
Effective 2011, this guide will be a required read prior to membership acceptance
NSVBA Copyright 2011

2. Who is NSVBA
The National Society of Virtual Bankruptcy Assistants is a recognized
national organization with an established and respected presence in the
legal community marketing to and educating licensed bankruptcy
attorneys about member services in bankruptcy petition preparation.
Only VBA organization to be an invited exhibitor at National Association of
Consumer Bankruptcy Attorneys annual events
Only VBA organization to be an exhibitor at the Sacramento Valley Bankruptcy
Forum annual event
 Only VBA organization offering basic petition preparation training as part of
membership with discounts available for advanced training with Morgan King
Bankruptcy Academy
Member resource for training, mentoring, and being part of an active
community of fellow business owners
Attorney resource to easily locate a VBA member by Jurisdiction, Chapter
filing, and Software Application
NSVBA Copyright 2011

3. What is a Virtual Bankruptcy Assistant
A trained professional in consumer bankruptcy case work including but
not limited to petition preparation and due diligence with emphasis in
Chapter 7 and Chapter 13 filings.
 Individually provide services only to licensed bankruptcy attorneys.
 Individually operates as an independent contractor and business
owner/operator.
 Individually responsible to adhere to local City and County ordinances in
the operation of a home-based business.
 Individually responsible for all hardware, software licenses, and
maintenance agreements required to operate business.
 Individually responsible to follow Laws and Regulations in the handling of
confidential and sensitive information and to provide a secured work
environment.
 Individually responsible for training and education necessary to stay
current with technology and legal trends of consumer bankruptcy.
NSVBA Copyright 2011

4. Responsibilities of a VBA
 Provides services only to licensed bankruptcy attorneys
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
Preparers or Legal Document Assistants who must adhere to 11 U.S.C. § 110.
VBA’s do not serve the general public.
VBA’s located in California are to comply with California Business &
Professions Code §6450.
 Operates as an Independent Contractor and Business Owner / Operator
VBA’s are solely responsible for the advertising and marketing of their
individual service offerings and price structure. Individual service offerings and
price structure vary between VBA’s and is typically based upon experience,
volume, and additional service offerings beyond petition preparation. VBA’s
are individually responsible for the structure and management of their respective
Service Agreements.
NSVBA Copyright 2011

5. Responsibilities of a VBA cont.
 Operating a Home-Based Business / Virtual Services
VBA’s are individually responsible to follow their local City and County
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 to develop and optimize an internet presence
for their individual business that may include social media and blogging.
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
reported.
VBA’s are individually responsible for all other choices and decisions
surrounding the operation of their business.
NSVBA Copyright 2011

6. Responsibilities of a VBA cont.
 Technology (hardware, software licenses, and maintenance agreements)
VBA’s are individually responsible for their own equipment , software licenses,
and maintenance agreements. There is a high level of technical expertise and
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
learn and develop those skills on their own. VBA’s do not expect their attorney
clients to provide compensation in this area.
VBA’s are individually responsible for their choice of preferred Bankruptcy
Software application(s) and adhering to licensing requirements.
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
in utilizing this public application.
VBA’s who offer case filing services will be knowledgeable in the utilization of
CM/ECF (Case Management / Electronic Case Files) application.
NSVBA Copyright 2011

7. Responsibilities of a VBA cont.
 Data Security
VBA’s are individually responsible for the protection and appropriate handling
of highly sensitive and confidential information.
 Password protect all computer and application access points
 Secure paper workflow in locked filing cabinets or desk drawers
 Never leave work space and information unattended
VBA’s are individually responsible for solutions addressing secure electronic
messaging .
VBA’s are individually responsible for solutions addressing the ability to
securely share/transfer client matter with attorney.
VBA’s are individually responsible for their own data back-up and disaster
recovery solutions.
NSVBA Copyright 2011

8. Responsibilities of a VBA cont.
 Training and Education
VBA’s typically are not attorneys and are individually responsible to be
knowledgeable of UPL (unauthorized practice of law) and consequences .
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
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
which they are offering attorney services. Each District maintains local Rules
and Procedures in the handling of bankruptcy cases and may vary greatly across
the Country.
VBA’s are individually responsible to stay current with trends and news as it
relates to consumer bankruptcy. Key consumer bankruptcy attorney
associations and organizations regularly post relevant news stories and current
events.
NSVBA Copyright 2011

9. Reference Links
Bankruptcy Basics : US Courts
Document Preparer or Legal Document Assistant
11 U.S.C. § 110 : US Code – Section 110: Penalty for persons who negligently
or fraudulently prepare bankruptcy petitions
UPL (Unauthorized Practice of Law)
California Business & Professions Code §6450
Independent Contractor: IRS definition
U.S. Small Business Administration
PACER (Public Access to Court Electronic Records)
NSVBA Copyright 2011

10. Reference Links cont.
Data Security
Federal Trade Commission
Gramm-Leach-Bliley Act.
Health Insurance Portability and Accountability Act (HIPAA)
Bankruptcy Software Applications
Best Case
BK 2011
EZFiling
NSVBA Copyright 2011

11. Reference Links cont.
Training and Education
NSVBA offers basic training and materials in petition preparation which is
included in membership. Additional member benefit includes discounts for
advanced training with Morgan King Bankruptcy Academy. More advanced
training is available with Max Gardner’s Bankruptcy Boot-Camp featuring
Max’s Bankruptcy Litigation Model.
Morgan King Bankruptcy Academy
Max Gardner’s Bankruptcy Boot Camp
NSVBA membership includes an active, private, member-only support
system (listserv) by which seasoned VBA’s are happy to share real-world
solutions to petition preparation questions ranging from simple to complex
case scenarios.
NSVBA Copyright 2011

12. Reference Links cont.
Key Consumer Bankruptcy Organizations and Associations
NACBA (National Association of Consumer Bankruptcy Attorneys)
ABI (American Bankruptcy Institute)
NSVBA Copyright 2011