what questions should i ask a bankrupcy attorney?

^{Aside from discussing your attorney’s experience and background in bankruptcy court, you should ask:}

1. Is Bankruptcy Right for Me? Don’t assume that bankruptcy is your only option. A good attorney will take the time to go over your situation from every angle. ...
2. Which Type of Bankruptcy Should I Choose? There are two types of personal bankruptcy: Chapter 7 and Chapter 13. ...
3. How Much Does Bankruptcy Cost? If you’re thinking about bankruptcy, you are likely financially strapped. ...
4. How Long Does Bankruptcy Take? You’ll want to know how long it will be before your debts are wiped clean. ...
5. Do You See Any Potential Problems with My Case?

Full Answer

What are good questions to ask an attorney?

Consider these questions as you evaluate whether to hire the attorney: Did you understand the attorney? Did the attorney explain things in clear language you could follow? Did the attorney's strategy make sense to you? Did the attorney listen to …

How do I find a good bankruptcy attorney?

Ten critical questions to ask your bankruptcy attorney before you hire him or her Do I have any non-exempt assets? Each state has created a list of assets considered to be protected or "exempt" from... If I have non-exempt assets, what options do I have? Your attorney must advise you that these ...

Why should you hire a bankruptcy attorney?

For example, you should know how many times you will have to go to court, or what the role of the trustee is in a bankruptcy case. Also, you want to know when you should expect to receive your bankruptcy discharge. This is the time when your credit can start to rebuild.

How does someone get the best bankruptcy attorney?

Oct 15, 2020 · Here at our Rockland County bankruptcy firm, we want to ensure that you are truly ready to partner with us before jumping into the bankruptcy process, and to do so, you should ask yourself the following questions regarding whether an attorney is the right one for you:

What should I ask bankruptcy?

If you're looking for a bankruptcy attorney, getting answers to these five questions will help you make the right choice.Should I file for Chapter 7 or 13?Will I erase all of my debt?Can I keep all of my property?What does the bankruptcy process involve?How much will filing for bankruptcy cost?

What are some good questions to ask an attorney?

In Order to Move Forward With Any Lawyer, First Ask These Ten QuestionsHow Long Have You Practiced Law? ... What Types of Cases Do You Manage? ... Who's Your Typical Client? ... How Many Similar Cases Have You Taken On? ... What Kind of Special Training or Knowledge You Have Outside Your Law Degree? ... What Are Your Fees and Costs?More items...

How much does a lawyer charge for Chapter 7?

Average Attorney Fee for Chapter 7 Bankruptcy: $1,450 The cost depends on where the case is filed. Chapter 7 fees generally range from a low of $1,000 to high of $1,750. Of course every case is different, and a number of factors can affect the cost of your case.

Should you seek legal advice when filing for bankruptcy?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. ... Advise you on whether to file a bankruptcy petition.

How do I prepare for an attorney interview?

If you are interviewing virtually, all of these tips apply.Do your research. Lawyers are known for being good researchers. ... Be presentable and dress your best. ... Come prepared to ask questions. ... Be personable and show enthusiasm. ... Be genuine. ... Promptly send a thank-you note.Oct 28, 2020

What is a good question to ask a judge?

Good questions to ask the judge include the following:“How do you like being a judge?”“How did you decide to become a judge?”“What was the most important thing that helped you become a judge?”“What do you expect from your clerks?”“What are you looking for in clerkship applicants?”“What is your mentorship style?”More items...

What is the means test for Chapter 7?

The bankruptcy means test determines whether you're eligible for Chapter 7 bankruptcy. The bankruptcy means test determines who can file for debt erasure through Chapter 7 bankruptcy. It takes into account your income, expenses and family size to determine whether you have enough disposable income to repay your debts.

How long does it take for a Chapter 7 to finalize?

four to six monthsA Chapter 7 bankruptcy can take four to six months to do, from the time you file to when you receive a final discharge – meaning you no longer have to repay your debt. Various factors shape how long it takes to complete your bankruptcy case. You will have to take care of some tasks before you file.

What type of debt Cannot be discharged through bankruptcy?

Other Non-Dischargeable Debts in Bankruptcy 401k loans. Other government debt such as fines and penalties. Restitution for criminal acts. Debt arising from fraud or false pretenses.Nov 2, 2020

Do I have to go to court for Chapter 7?

Creditors will also be permitted to ask you questions. However, usually creditors do not attend these meetings if you have filed for Chapter 7 bankruptcy. If you file for a Chapter 7 Bankruptcy, you normally do not need to return to court.Jan 17, 2022

What does it cost to file Chapter 7?

Filing fee — The cost to file for Chapter 7 is $335, and $310 for Chapter 13. Credit counseling fee — If you want to file for bankruptcy, you're required to receive credit counseling first. Many agencies charge a nominal fee for this service, which can cost around $50, according to the Federal Trade Commission.Jul 16, 2020

1. Should I be filing for bankruptcy?

We know that whilst cases may appear similar, each person’s situation is unique, and so we’ll listen to everything you’ve got to say, and then give you our honest opinion and recommendation as to whether you should file for bankruptcy.

3. Is there anything worrying you about my case?

As previously mentioned, many cases are similar, and since 1977 we have helped over 40,000 families become free from debt.

5. How long will the process take?

Chapter 7 Bankruptcy typically takes around 3 months, whilst Chapter 13 Bankruptcy usually lasts for 3-5 years as it is a debt repayment plan.

7. How will you keep me updated?

We’ll let you know the process, what to expect, and what you need to do next.

8. What are your fees?

Whilst we try and remain competitive, because we know that many people want to utilize our skills and experience in successfully filing for bankruptcy.

10. Do you offer payment plans?

Yes. We fully understand that you’re struggling to pay your bills, and so spreading our costs makes sense to us as well as you.

Conclusion

Now you know what questions to ask a bankruptcy attorney before you choose them, you’ll feel confident that you’re getting the help and advice you need for your financial situation.

Do I have any non-exempt assets?

Do I have any non-exempt assets?#N#Each state has created a list of assets considered to be protected or "exempt" from creditor attachment or seizure, and thus, from your trustee in bankruptcy.

If I have non-exempt assets, what options do I have?

If I have non-exempt assets, what options do I have?#N#Your attorney must advise you that these items are non-exempt and guide you through the five possible strategies for handling the non-exempt asset, such as making an offer to the Chapter 7 trustee or liquidating the asset under legally permissible conditions prior to filing.

Do I have any preferential payment issues?

Do I have any preferential payment issues?#N#A preferential payment is a payment to one creditor at the expense of or in absence of payments to other creditors.

Are any of my transfers in the past two years possible fraudulent transfers?

Are any of my transfers in the past two years possible fraudulent transfers?#N#You probably have tried to avoid bankruptcy and in doing so may have had some yard sales or sold assets to raise money to pay bills or even to get by.

Do I pass the means test? In other words, do I qualify for chapter 7?

Do I pass the means test? In other words, do I qualify for chapter 7?#N#Your attorney should review your income and review your paystubs at the Initial Consultation to determine whether you qualify for Chapter 7 bankruptcy. If your circumstances may change prior to filing, then timing could be an issue to be considered.

How many 707b objections have you handled? What were the circumstances and who prevailed?

How many 707b objections have you handled? What were the circumstances and who prevailed?#N#Most lawyers will encounter an objection to a Chapter 7 case over the course of representing clients in bankruptcy.

If a chapter 13 is recommended, what is the estimated monthly Plan payment?

If a chapter 13 is recommended, what is the estimated monthly Plan payment?#N#I am astounded that some attorneys fail to provide an estimated Chapter 13 payment at the Initial Consultation.

What should a bankruptcy attorney do?

A skilled attorney should be able to recommend one or more specific courses of action to you, based on your particular situation, as well as clearly explain bankruptcy procedures in general. They should talk to you about Chapter 7 and Chapter 13 bankruptcy and thoroughly describe the differences between these two paths, as well as the implications for you of choosing one over another. They should also be able to provide a convincing, understandable rationale for any recommendations they offer.

How to communicate with bankruptcy attorney?

Some attorneys communicate with clients primarily by email, while others prefer to use the phone . Some like to be accessible after hours, in case a last-minute issue comes up, ...

Why do you need an attorney for bankruptcy?

When you have to go to court, it’s likely you’ll want your attorney, as opposed to a paralegal or associate, to accompany you, since your attorney will be more familiar with you and your case.# N#Ask prospective attorneys if they plan to be present for any court appearances you make and what will happen if they can’t attend a particular hearing. Some firms send a different attorney to court when there’s a scheduling issue. If so, get reassurance that you’ll be notified in advance and that the substitute attorney will be well-briefed on your case and able to represent your interests well.

What should an attorney be able to describe?

An attorney should also be able to describe the positive and negative consequences of filing for bankruptcy versus choosing not to file for someone in your particular situation. 3.

What to do if you are filing for bankruptcy?

If you’re filing for bankruptcy, the right bankruptcy attorney can make all the difference. Attorneys are often willing to provide a free initial consultation to help you determine whether the services they offer are a good fit for your needs. Take advantage of these opportunities by asking the right questions.

What does a good attorney do?

A good attorney will put you at ease during a consultation and help you feel comfortable communicating openly and directly. Armed with the right questions, you shouldn’t have trouble finding an attorney who will treat you with respect and put their expertise to work for you in and out of bankruptcy court.

Why is it important to be accessible after hours?

Some like to be accessible after hours, in case a last-minute issue comes up, while others feel more equipped to help clients during regular business hours. If email’s easier for you and phone calls would be hard to take on a regular basis, it’s a good idea to bring this up in advance to avoid miscommunication.

Get a Fresh Start Today

Set up a consultation with one of our experienced bankruptcy attorneys.

About the Author: Cristina Perez Hesano

Cristina is the managing partner at Perez Law Group, PLLC. Our mission is to make reputable and trustworthy legal representation available to every client.

Should I File for Bankruptcy?

This is the single most important question you should ask a bankruptcy attorney. If the attorney automatically says yes without asking for specific details about your situation, you are better off continuing your search. A qualified bankruptcy attorney can explain what bankruptcy is and how it can alleviate your specific financial woes.

What are the Pros and Cons of Bankruptcy?

Benefits of bankruptcy vary from person to person. A lawyer should provide specific benefits of bankruptcy that relate to your situation and should also review the negative aspects of the process. Bankruptcy might be the right choice for you, but there could still be a downside.

What is the First Step in the Bankruptcy Process?

Filing for bankruptcy takes time. The process can be confusing, but if you work with an experienced attorney, things go much smoother. Ask your lawyer what steps you need to take to begin the bankruptcy process and ask for a breakdown of the process from beginning to end.

What is the Cost of Bankruptcy?

In addition to the cost of filing for bankruptcy, you must also have a clear understanding of your attorney’s rates. Ask for a complete listing of rates and what the initial retainer covers. In most cases, it will not cover certain proceedings that may arise, such as an adversary proceeding filed by an objecting creditor.

What is Our Relationship?

Make sure you understand your attorney’s communication method and be sure this method makes you feel comfortable. Also ensure your attorney will be available at the most important times in the bankruptcy process. If you are the type of person who prefers to communicate via phone, but your lawyer prefers email, things can get dicey.

How long do you have to pay off your debts before filing bankruptcy?

You might remember when tackling the first few questions to ask before filing bankruptcy that filing for chapter 13 means that, instead of liquidating your assets, you are allowed the opportunity to work with a judge to establish a payment plan over three to five years. During that time period, your creditors will not be allowed to continue their collection efforts. If all of your payments are made successfully throughout the amount of time determined by you and the judge, the remainder of your debts will be discharged. While this is an excellent option for individuals who have a mortgaged car or home or other assets that they don’t want to lose to chapter 7 liquidation, planning ahead is essential. You will want to ensure that you fully understand the number of months in your payment plan, as well as the amount you must pay each month.

What happens if you file Chapter 7 bankruptcy?

An asset that is exempt in one state may not be exempt in another, but any asset that you own which is not exempt from seizure will be liquidated if you choose to file chapter 7 bankruptcy. If you are filing for chapter 13 bankruptcy, ownership of non-exempt assets may result in a higher monthly payment plan. Knowing which assets you are eligible to keep in your possession and which ones you may lose in bankruptcy will be informative as you decide on your next steps.