what questions to ask your bankruptcy attorney

by Carley Schulist 7 min read

10 Things To Ask A Bankruptcy Attorney

  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, ...
  2. Are there any alternatives to bankruptcy? Depending on your situation, there might be another way. ...
  3. Is there anything worrying you about my case? ...
  4. Will you be handling my case? ...

More items...

10 Things To Ask A Bankruptcy Attorney
  • Should I be filing for bankruptcy? ...
  • Are there any alternatives to bankruptcy? ...
  • Is there anything worrying you about my case? ...
  • Will you be handling my case? ...
  • How long will the process take? ...
  • What's the best way to reach you? ...
  • How will you keep me updated? ...
  • What are your fees?

Full Answer

What are good questions to ask an attorney?

Your attorney should know this list backward and forward and should be able to determine, upon a review of your assets, which items are not exempt in your bankruptcy. These non-exempt assets can be seized and sold by a Chapter 7 trustee and can drive the Plan payment higher in a Chapter 13 bankruptcy.

Why should you hire a bankruptcy attorney?

Nov 17, 2021 · –What chapter to file – This is a key question to ask. Your attorney may suggest what chapter for you to file. But why? What are the benefits and drawbacks of each chapter of bankruptcy? Your attorney should be able to explain why each kind of bankruptcy is right or not right for you. –Does the attorney handle contested matters?

How to find a good bankruptcy lawyer?

Jun 19, 2019 · There are many bankruptcy attorneys out there that are licensed today, but not all are created equal. 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.

How does someone get the best bankruptcy attorney?

Mar 26, 2021 · 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. If it seems like you have other avenues to explore, such as credit counseling, they should explain them in …

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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...

What is the first step in a Chapter 7 bankruptcy?

Filing your petition (the main bankruptcy form, schedules, and other forms) officially starts your case. Most people file all the forms at once, but if you're pressed for time, you can opt for an emergency filing by completing a few required forms. You must file the remaining forms within 14 days.

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.

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

How do lawyers ask questions?

0:165:25How to ask questions like a lawyer - YouTubeYouTubeStart of suggested clipEnd of suggested clipThe first secret is that what we're doing we're not really asking questions what we're doing isMoreThe first secret is that what we're doing we're not really asking questions what we're doing is making statements. That sound like questions and those are statements that the witness.

What happens to your bank account when you file Chapter 7?

In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.Feb 6, 2021

What will I lose if I 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 can you not do after filing Chapter 7?

What Not To Do When Filing for BankruptcyLying about Your Assets. ... Not Consulting an Attorney. ... Giving Assets (Or Payments) To Family Members. ... Running Up Credit Card Debt. ... Taking on New Debt. ... Raiding The 401(k) ... Transferring Property to Family or Friends. ... Not Doing Your Research.

What are the do's and don'ts of bankruptcy?

Don't take any cash advances. Do not make any major cash advances off of credit cards prior to filing for bankruptcy. A creditor can object to the discharge of debts incurred as cash advances before filing.May 29, 2018

What type of debt Cannot be discharged through bankruptcy?

Debts dischargeable in a chapter 13, but not in chapter 7, include debts for willful and malicious injury to property, debts incurred to pay non-dischargeable tax obligations, and debts arising from property settlements in divorce or separation proceedings.

How is Chapter 7 means test calculated?

The means test was designed to limit the use of Chapter 7 bankruptcy to those who can't pay their debts. It does this by deducting specific monthly expenses from your "current monthly income" (your average income over the six calendar months before you file for bankruptcy) to arrive at your monthly "disposable income."