Questions to Ask a Bankruptcy Attorney
Questions to ask a bankruptcy attorney, grouped so a short first meeting covers the essentials and goes deeper only where your case needs it: whether and when to file, Chapter 7 or Chapter 13, which debts survive, what happens to a home, a car, a refund or a retirement account, how the process runs, what changes at home and at work, and how the attorney's office operates. Use it to pick the questions to ask during a bankruptcy consultation, and take it to each meeting if you are comparing two or three bankruptcy attorneys. The Process group includes a short run on what to settle before filing Chapter 7. The questions assume the US system, where the rules shift by state and district, so the notes point you to what to ask, not to what the answer will be.
The questions
Each question, and why to ask it
Start here
Is bankruptcy the right move for my situation, or is there a reason to wait or not file at all?
Why ask it
There is often a reason to hold off: an inheritance on the way, a tax refund due, a recent transfer to a relative, or a debt load that could be handled another way. An attorney who is prepared to talk you out of filing, or into waiting, is advising you and not just selling a service.
Based on my income and my debts, would I file under Chapter 7 or Chapter 13?
Why ask it
This is the first thing an attorney can tell you that a website cannot, because it turns on your household size, your state and what you earned in the months before filing. Have them explain why the other chapter is not the answer, which is where you find out how firm the recommendation is.
Which of my debts would be discharged, and which would I still owe afterward?
Why ask it
Ask for the list in both directions. Support obligations, recent tax debts and court fines commonly survive, and knowing what remains tells you whether filing actually solves your problem.
Can I keep my house and my car if I stay current on the payments?
Why ask it
That depends on three things: how much equity you have, whether the payments are up to date, and whether the lender wants the loan reaffirmed, which means signing back on to the debt. Then put the harder version: what if you fell behind again after filing? That is the situation people are least prepared for.
What will this cost in total, counting your fee, the court filing fee and the two required courses?
Why ask it
Get one figure with its parts listed, because the attorney's fee, the court's fee and the course fees are often quoted separately. The useful follow-up is what the quote leaves out: amended paperwork, a creditor's challenge or an extra hearing is commonly billed on top.
How long from filing to discharge, and what will I need to do in between?
Why ask it
Expect two different answers, because a Chapter 7 case is usually measured in months and a Chapter 13 plan in years. Write down the dates that are yours to meet, such as the two courses and the meeting of creditors, since a missed step is a common way for a routine case to stall.
How does the means test apply to my household, and where do I fall?
Why ask it
The calculation uses recent income rather than what you earn now, so a recent job loss or a recent bonus can change the result. If you are close to the line, ask how much difference a month or two of waiting would make.
If not bankruptcy, what would you suggest instead, and what is the downside of that route?
Why ask it
Every alternative has a cost: settlement usually means a lump sum and a possible tax consequence, a debt management plan takes years, and doing nothing leaves judgments in place. You are checking that the alternatives were genuinely considered rather than dismissed.
Debts
How are my tax debts treated, and could any of them be discharged?
Why ask it
Some older tax debts can be included and recent ones usually cannot, and unfiled returns cause separate problems. Bring the years and the amounts, and find out which returns have to be filed before the case can go ahead.
What happens to my student loans?
Why ask it
Student loans are not wiped out with the rest and normally need a separate proceeding inside the case, and the approach to that has shifted in recent years. Say whether yours are federal or private, then find out how such requests fare in your district now and whether this firm takes them on, since many do not.
What happens to anyone who co-signed my debts?
Why ask it
A discharge protects you and generally not them, so the lender can turn to your co-signer for the whole balance, though the chapter you file under can change how soon. If that person is a parent or a friend, get their options spelled out so you can warn them yourself before a collector does.
Do I have to list every debt, even one I intend to keep paying, such as a favorite card or a loan from a relative?
Why ask it
People often hope to leave one creditor out, and the usual answer is that the paperwork has to name all of them. Ask what you are free to do voluntarily once the case is over, since choosing to repay someone later is a different matter from hiding them now.
I used my cards or took a cash advance in the last few months. Will those balances be a problem?
Why ask it
Recent spending gets more scrutiny than old balances, and a card issuer can argue that a late run of charges should not be wiped out. Say what you bought and when: groceries and fuel are read very differently from a vacation or a large cash withdrawal.
A creditor already has a court judgment or a lien against me. Does filing get rid of it?
Why ask it
The debt and the lien are two separate things, and wiping out the first does not always lift the second from your house or car. Find out whether the lien can be removed in your case, whether that takes a separate motion, and whether the quoted fee includes it.
How would child support or alimony be handled, whether I pay it or receive it?
Why ask it
Support you owe is almost never erased, though a repayment plan may give you a structured way to clear arrears. Support you receive generally counts toward your income on the forms, so mention it even if it arrives irregularly.
My divorce decree makes me responsible for a joint debt. What changes if I file?
Why ask it
The lender and your former spouse hold separate claims, and the chapter you file under can decide whether your obligation to your ex survives. Bring the decree itself, because the wording of that one paragraph is what the attorney needs to read.
What happens to a debt I forget to list, or one I take on after the case is filed?
Why ask it
New debts after the filing date are generally yours to pay in full, which surprises people who assumed everything up to the discharge was covered. For a creditor left off by mistake, ask how an amendment works and whether the office charges for it.
I am self-employed, and some of what I owe is business debt. How does that change the case?
Why ask it
Business debts you signed for personally, equipment, unpaid invoices and uneven income all land in a personal filing, and the business may or may not be able to keep operating. It is a good sign when the attorney asks how the business is set up legally before answering at all.
Property
Which of my possessions are exempt in this state, and what is genuinely at risk?
Why ask it
Exemptions vary a great deal by state and sometimes allow a choice between state and federal lists. Bring a list of what you own so the answer is about your property and not property in general, and say so if you moved here in the last couple of years, because a recent move can change which state's list applies.
Are my retirement accounts and pension safe, and should I leave them alone until this is settled?
Why ask it
Many retirement plans are shielded, but the protection depends on the type of account and sometimes on the state. Get this answered before you cash anything out to pay a card, because money taken out of a protected account may not stay protected.
What happens to the money in my bank account on the day the case is filed?
Why ask it
The balance that morning generally counts as an asset, so a paycheck landing the day before can matter more than you would expect. If you owe money to the bank or credit union that holds your account, raise that too and ask whether your deposits should go somewhere else first.
What happens to my tax refund?
Why ask it
A refund you are owed but have not yet received can be treated as an asset, so the calendar matters more than people expect. Give the amount you usually get back and the month it arrives, and have the attorney say whether it changes the filing date they would pick.
I am behind on my mortgage or car loan. Can filing give me a way to catch up?
Why ask it
The two chapters tend to do very different things here: one may spread the arrears over years, the other mostly buys time. Give the exact amount you are behind and any sale or repossession date you have been sent, since the advice turns on both.
If I can no longer afford the house or the car, can I hand it back, and would I still owe anything?
Why ask it
Giving property up inside a case usually works out differently from a repossession or foreclosure outside one, particularly for any shortfall left after the lender sells. Check how long you could expect to stay in the home or keep driving in the meantime, and what you should keep paying for, such as insurance.
How will you put a value on my house, my car and the things I own?
Why ask it
The figure that counts is roughly what an item would sell for today in its current condition, which for furniture and electronics is usually far less than people fear. For a house, ask what evidence they rely on, because a careless estimate can push your equity above the amount you are allowed to protect.
What about property I own jointly with someone who is not filing?
Why ask it
A shared house, car or savings account pulls another person into the picture, and how much of it counts as yours depends on how the title is held and on state law. Name the co-owner and bring the deed or title so the answer is not a guess.
I have recently moved money, sold something or repaid a relative. Does that cause a problem?
Why ask it
Transfers in the months before filing can be reversed by a trustee, which can leave a relative being asked to pay money back. Raise it yourself, with dates and amounts, instead of waiting to be asked.
I may receive an inheritance, a settlement or a bonus soon. Would that become part of the case?
Why ask it
Some money that reaches you after filing can still be claimed for creditors, and inheritances in particular have a window that stays open for months. Mention a will you expect to benefit from, a pending injury claim or a lawsuit you could bring, even if nothing is certain yet.
Process
Which documents should I start gathering today, and which take the longest to get?
Why ask it
Pay records, bank statements and tax returns are the usual core, and the slow ones tend to be tax transcripts, old loan paperwork and anything held by a former employer. A dated checklist from the office is worth more than a verbal summary you will half remember.
Is there anything I should stop doing now?
Why ask it
The answer usually covers using credit cards, taking cash advances, and repaying friends or family ahead of other creditors. Any of these in the run-up can complicate a case, and the one that catches people out is the kind one: paying back a relative first.
Which bills should I keep paying between now and filing, and which can I stop?
Why ask it
Attorneys usually separate a mortgage, car loan, rent and insurance you mean to keep from cards that would be discharged anyway, but the split depends on the chapter and on what you want to hold on to. Get the list for your own bills before you stop anything, since a missed payment on the wrong account can cost you the car or the lease.
When do wage garnishments, lawsuits and collection calls stop?
Why ask it
Protection generally starts at filing rather than at the consultation, and there are exceptions. If you have a garnishment running or a court date approaching, say so now and ask whether the timing changes their advice.
If a foreclosure sale, repossession or garnishment is days away, how quickly could you file?
Why ask it
Many offices can file a stripped-down emergency petition and supply the rest of the paperwork soon afterward, but the deadlines that follow are strict. Pin down what they would need from you within a day, the counseling course included, and what happens if the remaining documents come in late.
Will I have to appear in court, and what happens at the meeting of creditors?
Why ask it
In many cases this meeting is the only appearance, and it is usually brief, run by a trustee instead of a judge, with creditors seldom turning up. Check whether it is held in person, by phone or by video in your district, and who from the firm will be with you, since some practices send a different attorney from the one you met.
What does the trustee do, and what are they likely to look at closely in my case?
Why ask it
The trustee checks your paperwork against your documents and looks for anything that could be collected for creditors. An attorney who files regularly in your district can often tell you which items draw questions, such as a recent refund, a vehicle with equity or a cash business.
If I file under Chapter 7, do you expect it to be a no-asset case?
Why ask it
The term means everything you own fits inside an exemption, so the trustee has nothing to sell. Treat the answer as a forecast, and ask which single item on your list sits closest to its limit and what would happen if it were valued higher than you both expect.
In a Chapter 7, would you have me reaffirm the car loan, redeem the car or give it back?
Why ask it
You are normally asked to declare one of these early in the case, and each has its own price: reaffirming keeps you personally on the debt after the discharge, redeeming takes a lump sum, and giving the car back means finding another way to get to work. Put your loan balance next to what the car is worth and have the attorney go through all three with those two numbers.
After a Chapter 7 is filed, is the money I earn from then on mine to keep?
Why ask it
The filing date is generally the dividing line in a Chapter 7, which is one of the main ways it differs from a repayment plan. Raise the awkward edges: wages earned before that date but paid after it, a commission still owed to you, or vacation pay you have built up.
Once a Chapter 7 is filed, can I withdraw it if my circumstances change?
Why ask it
People tend to assume a case can simply be cancelled, and in a Chapter 7 that usually takes the court's agreement, which is not a given when there is property a trustee could sell. Hearing how it works in your district is a good reason to hold the filing until you are sure of the date.
If a Chapter 7 ran into trouble, could it be converted to Chapter 13, and what would that involve?
Why ask it
Conversion is sometimes the way to save a house or a car that turned out to be at risk, or to answer a challenge to your income figures. Find out who has to agree to it and whether the firm's fee carries over or starts again under the new chapter.
If I filed under Chapter 13, what would my monthly payment be and how long would it run?
Why ask it
A number, even a rough one, is what makes the choice real. Have them show what goes into it, such as arrears on the house, the car loan and whatever your budget leaves over, and ask what share of the plans this office files run to the end.
If my income rises, falls or stops during a Chapter 13 plan, what happens to the payment?
Why ask it
Three to five years is long enough for a layoff, a raise or a new baby, and plans can sometimes be modified when that happens. Learn who you are expected to tell and how fast, since payments missed without explanation are a common route to dismissal.
I have filed for bankruptcy before. Does that limit what I can do now?
Why ask it
There are waiting periods between discharges that differ according to the chapters involved, and a case that was dismissed is treated differently from one that finished. Bring the old case number and dates so the attorney can count from the right day.
What could go wrong in my case specifically, and how often does that happen?
Why ask it
You are asking for the honest risk assessment rather than reassurance. Answers naming a particular creditor, a recent transfer or an asset with unclear value are the useful ones, and they tell you the attorney has read your file.
Everyday life
How would filing affect my spouse if they do not file with me?
Why ask it
This depends on whose name the debts are in and on state property rules. Ask specifically about joint accounts and about whether their income has to be disclosed even though they are not filing.
Would it make more sense for my spouse and me to file together?
Why ask it
A joint case means one court fee and can clear both sets of debts, but it also puts both credit histories and all of the property each of you owns on the table. Have the attorney run it both ways with your actual figures, since the better choice depends on whose name the debts and assets are in.
Do I have to tell my employer, and could filing affect my job or a license I hold?
Why ask it
Employers are not routinely notified, though a Chapter 13 plan paid by wage deduction brings in payroll. If you hold a professional license, work in finance or hold a security clearance, ask about your specific situation and not the general rule.
Who gets notified when I file, and is the record public?
Why ask it
Your creditors are told, and the case is a court record that anyone determined enough could look up, though in practice few people ever do. If there is one person you would rather not find out, say who it is, because the answer depends on whether you owe them money.
I rent my home. Will my landlord hear about it, and can I stay?
Why ask it
If the rent is up to date, a filing often changes little, while unpaid rent makes the landlord a creditor who has to be listed. Mention an eviction case right away if one has started, because the usual protection against creditors has limits where evictions are concerned.
How long will this stay on my credit report, and what could I realistically do in the first two years?
Why ask it
The reporting period is not the same for Chapter 7 and Chapter 13, so get the figure for the chapter you would actually file. Then press for the practical part: what past clients have managed in year one and year two, whether that is a secured card or a car loan, and what lenders weigh besides the filing itself.
How long after a discharge would I have to wait before applying for a mortgage?
Why ask it
Waiting periods differ by loan type and by chapter, and they are set by lenders and loan programs, not by the bankruptcy court. Treat the attorney's answer as a starting point and confirm it with a lender closer to the time, since those rules change.
What do I do if a discharged debt turns up on my credit report or a collector calls about it later?
Why ask it
It happens, usually because an old debt was sold to a buyer who never updated its records. Find out whether the office deals with this for past clients, which papers you should keep for good, and how to dispute an entry yourself.
The attorney
Is bankruptcy most of what you do, or one of several areas you practice?
Why ask it
Local trustees, local forms and local habits matter a great deal in this work, and they are learned by filing regularly. A general practitioner can still do a sound job on a simple case, so use the answer to judge fit, not to rule anyone out.
Who will handle my case day to day, and how do I reach them?
Why ask it
Much of the work is done by paralegals, which is normal and usually fine. What matters is knowing the name, how quickly messages are returned, and who to contact if a creditor calls after filing.
Can I pay your fee in installments, and when would the case actually be filed?
Why ask it
In a Chapter 7 the attorney is commonly paid in full before filing, which means the protection you came for does not start until the last payment clears. If a garnishment is already running, work out together whether paying faster would cost less than waiting.
Will you give me a written agreement setting out the fee and the work before I decide?
Why ask it
You should be able to take it home and read it without anyone waiting for a signature. Check that it names the chapter, says who pays the court fee, and explains what you get back if you change your mind before anything is filed.
Once I have hired you, can I tell creditors to call your office?
Why ask it
Many firms allow this, and it can quiet the phone weeks before anything is filed. It is not the court's protection, though: ask which callers have to respect it, and expect lawsuits and garnishments to carry on until the case itself begins.
If a letter arrives from the court, the trustee or a creditor, what do you want me to do with it?
Why ask it
Some of that mail carries a deadline, and clients who assume the office received its own copy are sometimes wrong. A simple rule agreed now, photograph it and send it the same day for example, prevents the missed notice that derails an otherwise ordinary case.
If I cannot afford your fee, what would you tell me to do?
Why ask it
Legal aid offices, bar association referral services and court fee waivers or installment arrangements exist in many places, and a decent attorney will point you to them. Filing without a lawyer is allowed, so ask honestly how risky that would be for a case like yours.
What would you need to check before you could be sure of the advice you have given me today?
Why ask it
First meetings run on what you remember, and memory is unreliable about balances, dates and whose name is on a title. An attorney who names the documents they still want to see, a credit report, a tax transcript, a deed, is being careful, not evasive.
Preparing for a bankruptcy consultation
Practical guidance for the conversation itself
What to bring
- A list of every debt with the creditor, the balance and whether anyone else is on the account.
- Recent pay records for everyone in the household, going back six months.
- The last two years of tax returns, and a note of any years you have not filed.
- Statements for any accounts, retirement plans or property you own, including anything jointly held.
- Copies of any lawsuit papers, garnishment notices or repossession letters, with dates.
How the meeting usually works
A long list for a short meeting
A first consultation is often half an hour, so nobody gets through every question here. Lead with the Start here group, which holds the bankruptcy questions to ask whatever your case looks like, then take from Debts, Property, Process and Everyday life only what matches your situation, and leave The attorney group for the end, when you are deciding whether to hire. Whatever is left can go in a follow-up email.
First consultations are often free
Ask when you book whether there is a charge and how long the meeting is. Many consumer bankruptcy attorneys offer a free or low-cost first meeting, though not all do, and it is reasonable to see two or three before deciding.
Full disclosure protects you
Leaving out an asset, a transfer or a second job creates a far larger problem than the item itself, and can mean a case is dismissed or a discharge revoked. What you tell an attorney while asking for legal advice is generally confidential, and you can ask at the start how that works for a first meeting; what you file has to be complete.
Two courses are required
People filing a personal case take a credit counseling course before filing and a financial management course afterward, both short and both from approved providers. Ask which provider the office uses and what it costs, since the fee is sometimes separate.
The notes are not legal advice
The notes under each question describe how these matters commonly work so that you know what to listen for. Bankruptcy is federal law applied with state exemptions and local court habits, and your own facts change the answer, so the attorney's reply about your case is the one that counts.
What attorneys commonly warn against before filing
- Taking on new debt or cash advances, which can be challenged as incurred without intent to repay.
- Repaying a relative or friend ahead of other creditors, which a trustee can reverse.
- Moving property into someone else's name, or selling it below value.
- Draining a retirement account to pay unsecured debts, since those accounts are often protected.
- Waiting until a foreclosure sale or repossession is days away, which can remove options that exist earlier.
Signs to look for in the attorney
- They ask about your income, household and assets before offering an opinion on which chapter suits you.
- They name alternatives, including doing nothing, and explain why they would or would not fit.
- They put the fee and what it covers in writing before you commit.
- They will say plainly what bankruptcy does not fix, rather than describing a clean slate.
- Be cautious with anyone who guarantees an outcome, quotes a fee without seeing your figures, or discourages you from asking about alternatives.