Questions to Ask a Bankruptcy Lawyer
Essential questions to evaluate a bankruptcy attorney's experience, approach, and ability to guide you through the complex bankruptcy process.
1How many bankruptcy cases have you handled and what's your success rate?
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How many bankruptcy cases have you handled and what's your success rate?
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Why this works
Establishes their experience level and track record, helping you gauge their competence in handling cases similar to yours.
2What types of bankruptcy do you specialize in? Chapter 7, 13, or both?
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What types of bankruptcy do you specialize in? Chapter 7, 13, or both?
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Why this works
Different bankruptcy chapters have different requirements and outcomes; you need someone experienced with your specific situation.
3How long does the bankruptcy process typically take from start to finish?
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How long does the bankruptcy process typically take from start to finish?
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Why this works
Helps you understand the timeline and plan accordingly, especially if you're facing immediate financial pressures.
4What are your fees and how do you structure payment? Do you offer payment plans?
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What are your fees and how do you structure payment? Do you offer payment plans?
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Why this works
Critical for budgeting and ensuring you can afford legal representation throughout the entire process.
5What documents and information will I need to provide?
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What documents and information will I need to provide?
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Why this works
Helps you prepare and gather necessary paperwork in advance, avoiding delays in your case.
6What assets can I keep and what might I lose in bankruptcy?
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What assets can I keep and what might I lose in bankruptcy?
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Why this works
Essential for understanding the impact on your property and making informed decisions about filing.
7How will bankruptcy affect my credit score and for how long?
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How will bankruptcy affect my credit score and for how long?
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Why this works
Important for understanding long-term financial consequences and planning your financial recovery.
8What alternatives to bankruptcy should I consider?
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What alternatives to bankruptcy should I consider?
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Why this works
Shows they're looking out for your best interests and exploring all options before recommending bankruptcy.
9How do you handle creditor harassment during the bankruptcy process?
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How do you handle creditor harassment during the bankruptcy process?
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Why this works
Reveals their approach to protecting you from aggressive creditors and ensuring the automatic stay is properly enforced.
10What happens if my case is challenged or if there are complications?
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What happens if my case is challenged or if there are complications?
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Why this works
Tests their experience with complex cases and their ability to handle unexpected issues that may arise.
11How do you communicate with clients throughout the process?
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How do you communicate with clients throughout the process?
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Why this works
Important for staying informed about your case progress and having your questions answered promptly.
12What should I do about my debts while we're preparing the bankruptcy filing?
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What should I do about my debts while we're preparing the bankruptcy filing?
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Why this works
Provides crucial guidance on how to handle creditors and financial obligations during the preparation phase.
13How do you handle the 341 meeting of creditors?
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How do you handle the 341 meeting of creditors?
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Why this works
Shows their preparation process for this critical court appearance and their ability to guide you through it.
14What happens to my co-signed debts or joint accounts?
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What happens to my co-signed debts or joint accounts?
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Why this works
Important for understanding how bankruptcy affects shared financial obligations and protecting co-signers.
15How do you handle student loans in bankruptcy cases?
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How do you handle student loans in bankruptcy cases?
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Why this works
Student loans are typically not dischargeable, but there may be options for managing them during bankruptcy.
16What's your approach to rebuilding credit after bankruptcy?
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What's your approach to rebuilding credit after bankruptcy?
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Why this works
Shows they're thinking about your long-term financial health beyond just the bankruptcy process.
17How do you handle cases where the debtor has business debts?
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How do you handle cases where the debtor has business debts?
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Why this works
Important if you have business-related debts, as these may require different strategies and expertise.
18What are the most common mistakes people make in bankruptcy?
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What are the most common mistakes people make in bankruptcy?
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Why this works
Reveals their experience with common pitfalls and their ability to help you avoid costly errors.
19How do you handle cases involving tax debts or IRS issues?
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How do you handle cases involving tax debts or IRS issues?
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Why this works
Tax debts have special rules in bankruptcy; you need someone experienced with these complex situations.
20Can you provide references from past clients who have successfully completed bankruptcy?
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Can you provide references from past clients who have successfully completed bankruptcy?
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Why this works
Allows you to verify their track record and get feedback from clients who have been through the process.
How to Choose the Right Bankruptcy Lawyer
Expert tips and techniques for getting the most out of these questions.
Best Practices
Verify Their Credentials
Check that they're licensed to practice in your state and have no disciplinary actions. Look for board certification in bankruptcy law if available.
Ask About Their Caseload
Ensure they have time to devote to your case. A lawyer with too many cases may not give your situation the attention it deserves.
Understand the Process
Ask them to explain the bankruptcy process in terms you can understand. A good lawyer will make complex legal concepts accessible.
Get Everything in Writing
Make sure all fee arrangements, timelines, and expectations are clearly documented in your retainer agreement.
Question Sequences
The Experience Assessment Sequence
The Cost and Timeline Sequence
Common Pitfalls
Don't Choose Based on Price Alone
The cheapest lawyer isn't always the best. Bankruptcy is complex, and mistakes can be costly. Focus on experience and competence over cost.
Avoid Lawyers Who Promise Guarantees
No lawyer can guarantee specific outcomes in bankruptcy. Be wary of anyone who promises to eliminate all your debts or guarantee approval.
Don't Wait Too Long to File
If you're facing foreclosure, wage garnishment, or other immediate threats, delaying bankruptcy can make your situation worse.
Avoid Lawyers Who Don't Explain the Process
You should understand what's happening in your case. A good lawyer will explain each step and answer your questions clearly.