Questions to Ask a Bankruptcy Attorney
Questions for a first consultation about filing for bankruptcy: whether to file at all, which chapter, what happens to your home, car and tax refund, what the timeline looks like, and what the whole thing will cost.
The questions
Open any question for the note
Based on what I have told you, do you think I should be filing at all?
Why ask it
Ask this before anything else. Some people are better served by waiting, by dealing with one creditor directly, or by doing nothing because they have little that can be collected. An attorney who reaches for a chapter before asking about your income and your assets has not looked at your situation yet.
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.
Which chapter would you file for me, and what makes you choose that one?
Why ask it
The reasoning matters more than the number. A clear answer connects your income, your assets and what you want to keep. If the explanation is generic, ask what specifically about your case rules out the other option.
Do I qualify, and if my income is too high, what changes?
Why ask it
Eligibility turns on tested figures rather than how tight things feel. Ask which of your income and expenses count, and what the practical effect of not qualifying would be, since it usually means a repayment plan rather than no relief at all.
Which of my debts would be cleared, and which would I still owe afterwards?
Why ask it
Get this as a list, debt by debt, before you file. Certain categories, including most support obligations, recent taxes and student loans in many circumstances, commonly survive. Anyone who tells you everything goes away has not looked at your paperwork.
Am I likely to keep my home, and what would I have to keep doing to keep it?
Why ask it
The answer usually depends on your equity, your state's exemptions and whether you can stay current on the mortgage. Ask what happens if you fall behind during the case, because that is the part people are not told.
What happens to my car?
Why ask it
Ask about the loan as well as the vehicle: keeping it may require continuing payments or a formal agreement with the lender. If you need the car to get to work, say so, because it can affect which route makes sense.
Which exemptions apply in my state, and is there anything I own that would not be protected?
Why ask it
Exemptions vary considerably between states and are the difference between a straightforward case and a lost asset. Bring a list of what you own and ask them to identify anything unprotected, particularly a second vehicle, tools, or money in an account.
Is there anything I have done in the past year that could cause a problem: a payment to a relative, a transfer, or a large purchase?
Why ask it
Recent transfers and repayments to family can be reversed by a trustee, and new debt taken on shortly before filing draws scrutiny. Say what actually happened, including anything you regret, because the attorney can usually work with a fact they know about in advance.
Between now and filing, is there anything I should stop doing, or should not do?
Why ask it
Ask for the list in writing. It typically covers new borrowing, moving money, selling property, and using credit cards, and following it is one of the few parts of the process entirely within your control.
What happens to my tax refund?
Why ask it
A refund that has not yet arrived can be treated as an asset, so the timing of a filing sometimes matters. Ask whether yours is likely to be at risk and whether it changes when they would recommend filing.
I have a wage garnishment already. When would that stop?
Why ask it
Filing generally triggers a stay on collection, but the practical timing depends on paperwork reaching your employer and the payroll cycle. Ask who notifies whom and roughly how many pay periods it takes in their experience.
Will my spouse, or anyone who co-signed for me, still be pursued for these debts?
Why ask it
Your discharge does not usually remove a co-signer's obligation, which surprises people badly and late. If a parent or partner guaranteed a loan, ask what will happen to them and whether they should be getting their own advice.
Who will know about this: is it a public record, would my employer find out, and does it affect a professional licence?
Why ask it
Filings are generally public, though rarely noticed. What matters is your specific situation, so mention any licence, security clearance or employment condition you hold and ask whether it raises a real issue.
What does the timeline look like from today to discharge?
Why ask it
Ask for dates rather than ranges: when you would file, when the trustee meeting falls, when the courses must be done, when discharge is realistic. A vague timeline usually means the case has not been mapped out yet.
What happens at the meeting with the trustee, and will I have to go to court?
Why ask it
This is the part people dread most and it is usually short and administrative. Ask who will be with you, what questions are typically asked, and whether it happens in person or remotely where you are.
If I file a repayment plan, what would the monthly payment be, and what happens if I cannot keep it up?
Why ask it
Ask for a realistic figure and then check it against your own budget rather than the one on the form. Plans that fail partway through can leave a person with the debts still owing and the cost already spent, so it is worth being pessimistic now.
What is the total cost: your fee, the filing fee, the required courses, and when does each have to be paid?
Why ask it
Ask what the fee covers and what it does not, and whether responding to a creditor objection or a later problem is billed separately. A flat fee is common; what varies is the boundary around it.
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.
What will my situation realistically look like two years from now, and what should I be doing in the meantime?
Why ask it
This sets expectations for credit, borrowing and record-keeping without promising a clean slate. A measured answer, describing gradual recovery and the documents you should keep, is more trustworthy than a confident one.
Preparing for the consultation
Practical guidance for the conversation itself
What to take with you
A list of every debt, including the ones you are ashamed of
Payday loans, money owed to family, a car loan in someone else's name, unpaid tax. The advice is only as good as the list, and omissions found later are what cause cases to fail.
Income and expense evidence
Recent pay records, the last two years of tax returns, and bank statements. Eligibility and any repayment figure are calculated from documents rather than from estimates given in conversation.
A list of what you own and roughly what it is worth
Property, vehicles, accounts, pensions, tools, anything of value. Include things you assume are irrelevant, because exemption rules are specific and the attorney needs to see the whole picture.
A note of anything unusual in the last twelve months
A property transferred, a relative repaid, an inheritance, a lawsuit, a large purchase. These are the facts most likely to complicate a case and the ones least likely to be volunteered.
During the meeting
Say what you are trying to protect
Keeping the house, keeping the car, stopping a garnishment and protecting a co-signer point towards different routes. State the priority out loud, because the best legal option depends on it.
Ask for the answer in plain terms, twice if needed
It is reasonable to say you did not follow that and ask for it again. Nothing here should be signed on the basis of a half-understood explanation, and a good attorney expects to repeat themselves.
Take notes and ask for the fee agreement to read at home
You do not have to decide in the room. Ask for the written agreement and the list of what to avoid before filing, then read both when you are not sitting across a desk.
Common mistakes before filing
Leaving something out
Undisclosed assets, income or transfers can result in a case being dismissed and, in serious instances, worse. Tell your attorney everything and let them decide what matters.
Moving money or property to protect it
Transfers to relatives or friends shortly before filing are routinely examined and can be reversed. If you have already done it, say so at the first meeting rather than hoping it is not noticed.
Taking on new debt while deciding
Borrowing, or using cards heavily, in the weeks before a filing invites objections from creditors. Ask what the safe course is for the period between the consultation and the filing date.
Assuming every debt disappears
Support obligations, some taxes, and student loans in many circumstances usually remain. Get the debt-by-debt answer before you file, so the plan is built on what will actually be cleared.
Working with someone who is not an attorney
Document preparation services can fill in forms but cannot advise you or represent you. Ask directly who will be giving you legal advice and whether they are licensed to do so.