what questions to ask a bankruptcy attorney

What are the best questions to ask a lawyer?

Once that's out of the way, you'll be ready to ask the critical question, "Will bankruptcy solve my problem?" If the answer is yes, you'll want to ask follow-up questions, such as: 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?

What questions are asked during a bankruptcy hearing?

Apr 19, 2021 · An attorney can give you a bird’s eye view of all the options available and help you choose a solution, whether it’s bankruptcy or an alternative. What Type of Bankruptcy Should I File? Bankruptcy comes in all shapes and sizes, but the most common types are Chapter 7 and Chapter 13. The type of bankruptcy you file is based on several factors, including whether you …

How do I find an affordable bankruptcy attorney?

Jun 19, 2019 · It is important that you ask your prospective bankruptcy attorney how many years of experience they have and how many cases they have represented. You may even want to ask how successful they have been with their past bankruptcy cases.

When to file bankruptcy answers?

What questions should I ask about bankruptcy?

Here are five questions to ask yourself before you start the bankruptcy process.Chapter 7 or Chapter 13? There are two types of personal bankruptcy: Chapter 7 and Chapter 13. ... Can you afford it? ... Will it actually help? ... Can you qualify for bankruptcy? ... Will you be able to live with the effects for years to come?

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. ... Misunderstandings of the law or making mistakes in the process can affect your rights.

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 is the downside of filing for bankruptcy?

Filing for bankruptcy can negatively impact your immediate financial future. ... Obtaining credit after filing for bankruptcy could mean increased interest rates. Obtaining credit after filing for bankruptcy might require security deposits.

What do you lose when you file bankruptcy?

Filing Chapter 7 bankruptcy wipes out most types of debt, including credit card debt, medical bills, and personal loans. Your obligation to pay these types of unsecured debt is eliminated when the bankruptcy court grants you a bankruptcy discharge.Dec 12, 2021

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

How long does bankruptcy stay on your credit report?

The better your credit before bankruptcy, the harder the hit you'll take. Chapter 7 will stay on your credit report for 10 years, Chapter 13 for 7 years. 33.

How much does it cost to file Chapter 13?

GOOD ANSWER: For Chapter 13, the federal filing fee is $274 and attorney fees could run $2,000 to $3,000. For Chapter 7, the federal filing fee is $299 and attorney fees could run from $1,000 to $2,500.

Does bankruptcy look good?

BAD ANSWER: Well, a bankruptcy doesn't look good. GOOD ANSWER: Bankruptcy law prohibits discrimination based upon a debtor filing for protection under bankruptcy law. That said, an employer is within their legal right to request a copy of your credit report.

Is the NACBA a member of the NACBA?

GOOD ANSWER: Yes, I am a member of the National Association of Consumer Bankruptcy Attorneys (NACBA).

Does bankruptcy give you a fresh start?

GOOD ANSWER: Bankruptcy gets creditors offer your back, allows you to keep some of your assets under certain circumstances and, generally, gives you a fresh start. 34.

Does bankruptcy affect credit score?

BAD ANSWER: Bankruptcy shouldn't affect your credit score much at all. GOOD ANSWER: The higher your credit score before bankruptcy, the harder the hit you'll take. If your score is already poor, you probably won't see as dramatic of a drop. 48.

Is filing for bankruptcy stressful?

Last Updated: October 2, 2017. As though filing for bankruptcy isn't stressful enough, you're further challenged with finding a competent bankruptcy attorney you can trust. Naturally, it can be overwhelming, but it need not be difficult. It will most likely be a totally unfamiliar process and can be confusing and stressful.

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.