what to ask attorney at consultation for bankruptcy

8 Questions To Ask A Bankruptcy Attorney At Your Consultation

1. Is filing for bankruptcy a good idea for me? A skilled attorney should be able to recommend one or more specific...
2. What are the pros and cons of filing for bankruptcy? You should hire an attorney who’s able to provide you with a...
3. What percentage of your practice is dedicated to bankruptcy cases,...

Full Answer

What questions should I Ask my bankruptcy attorney?

8 Questions To Ask A Bankruptcy Attorney At Your Consultation 1. Is filing for bankruptcy a good idea for me? A skilled attorney should be able to recommend one or more specific... 2. What are the pros and cons of filing for bankruptcy? You should hire an …

What is a bankruptcy consultation?

Apr 19, 2021 · Bankruptcy attorneys can talk you through your situation and help you understand whether filing is right for you. Are There Bankruptcy Alternatives? As mentioned above, bankruptcy isn’t for everyone; it also isn’t the only option out there. An attorney can give you a bird’s eye view of all the options available and help you choose a solution, whether it’s …

What is the means test for Chapter 7 bankruptcy?

Jul 24, 2010 · Expect your attorney to ask if you have any nondischargeable obligations. You can prepare by reviewing a list of debts you can't discharge in bankruptcy here. Question 2: Will I lose property in bankruptcy? Bankruptcy lawyers also want to know if you have property you don't want to lose in bankruptcy. Common examples include homes, cars, boats, sporting …

Can I choose between Chapter 7 and Chapter 13 bankruptcy?

Jun 01, 2017 · What should you ask during a consultation with a bankruptcy attorney? Is Bankruptcy Right for Me? This is a complex question and should result in a comprehensive answer that addresses your personal financial situation, the various types of bankruptcy, and what options you have. It’s important for an attorney to not only tell you why bankruptcy might …

What questions are asked for bankruptcy?

Common Bankruptcy Trustee QuestionsDid you review your bankruptcy petition and schedules before you filed them with the court?Is all of the information contained in your bankruptcy papers true and correct to the best of your knowledge?Did you disclose all of your assets?

What questions should I ask a free consultation lawyer?

Questions to Ask Your Lawyer During a Consultation1) What kind of experience do you have with similar cases?2) What would be your strategy for my case?3) Are there any alternatives to going to court?4) What are my possible outcomes?5) Who will actually handle my case?6) What is my role in my case?More items...•Jan 29, 2017

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...

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 you prepare for an attorney meeting?

Tips For Meeting With Your Lawyer For the First TimeDress To Impress. ... Be Ready To Give Your Attorney Important Information About Yourself. ... Gather Your Evidence And Have It Ready For Your First Meeting. ... Get Your Facts Straight. ... Plan Something You Can Look Forward To For After Your Meeting.

What is retainer payment?

A retainer fee is an amount of money paid upfront to secure the services of a consultant, freelancer, lawyer, or other professional. A retainer fee is most commonly paid to individual third parties that have been engaged by the payer to perform a specific action on their behalf.

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.

How do you answer a law question in an interview?

Below are some common legal interview questions—plus suggestions on how to approach them.Tell me a little about yourself. ... What attracted you to our firm/organization? ... Can you describe a challenge or conflict you have faced at work and how you overcame it? ... What is your biggest weakness? ... Do you have any questions for us?Mar 20, 2021

What is the downside of filing for bankruptcy?

Disadvantages of Bankruptcy: A bankruptcy may impede your chances of getting a mortgage or car loan for some time. Not all debt will be discharged. Examples of debt that cannot be discharged include child support, alimony, some student loans, divorce settlements and some income taxes.

What bankruptcy clears all debt?

Chapter 7 bankruptcyChapter 7 bankruptcy is a legal debt relief tool. If you've fallen on hard times and are struggling to keep up with your debt, filing Chapter 7 can give you a fresh start. For most, this means the bankruptcy discharge wipes out all of their debt.Oct 20, 2020

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

How to evaluate an attorney?

Once you've spoken to an attorney about your case, think about the experience. Consider these questions as you evaluate whether to hire the attorney: 1 Did you understand the attorney? Did the attorney explain things in clear language you could follow? 2 Did the attorney's strategy make sense to you? 3 Did the attorney listen to you carefully and respond thoughtfully to your questions? 4 Did you like the attorney? You should feel that the attorney is on your side and will actively protect your interests. If the attorney was condescending, rude, or distracted, it's probably best to keep looking.

How much does it cost to file for bankruptcy?

Ask the attorney how much you will have to pay, in total. The court charges filing fees (currently $338 to file a Chapter 7 case and $313 to file for Chapter 13 bankruptcy; $335 and $310 respectively until December 1, 2020). You'll pay additional costs, such as administrative fees to the trustee in your Chapter 13 plan.

Can you use Chapter 7 or Chapter 13?

This requirement -- called the means test -- is intended to force filers who can afford Chapter 13 to use it. When you talk to a bankruptcy attorney, the attorney should be able to tell you whether you can use Chapter 7. If you can choose between Chapter 7 and Chapter 13, the lawyer should explain the pros and cons of filing each chapter.

Is Bankruptcy Right for Me?

This is a complex question and should result in a comprehensive answer that addresses your personal financial situation, the various types of bankruptcy, and what options you have. It’s important for an attorney to not only tell you why bankruptcy might be right for you, but also to address the negative consequences of filing.

Are You Strictly a Bankruptcy Attorney?

There are many attorneys who can help you file for bankruptcy, but that doesn’t mean bankruptcy is their specialty. It’s important to work with someone who is an expert in bankruptcy, and who devotes at least half, if not all, of his or her time to working with bankruptcy clients.

How Much Will Bankruptcy Cost?

In addition to court fees, you’ll also need to pay your attorney. Make sure you understand the fees up front and discuss what is included in the fees. The price you are quoted initially should cover everything from filing to the completion of your case.

What do I need to bring to a bankruptcy consultation?

Preparing for a bankruptcy consultation, no matter if you’re within the Southern District of California Department of Justice, or within another place of jurisdiction, mostly boils down to preparing the same important documentation to bring to your initial consultation:

What else can I do to prepare for a bankruptcy consultation?

Now, besides preparing all of the documentation that is extremely important for your case and which allows your bankruptcy attorney to have the perfect insight into your financial troubles, there are two other things you can do in order to prepare for a consultation with your bankruptcy attorney:

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 you bring to your bankruptcy consultation?

Every lawyer is different, but Walker & Walker Law Offices tries to keep things simple for potential clients.

What should you know before your bankruptcy consultation?

The whole purpose of the bankruptcy consultation is to learn whether or not it would be a good idea for you to to file Chapter 7 Bankruptcy or Chapter 13 Bankruptcy.

What else do you need to know?

We have to ask lots of questions and know lots of information to make a bankruptcy work.

CONCLUSION

If you are in Minnesota and have too much debt, Why not call us at (612) 824-4357 and let us figure out together whether it would be a good idea to file bankruptcy or not.

Why do people show up in bankruptcy lawyers?

Most people show up in an attorney’s office because they need help with one of a small number of problems— and the attorney will be aware of this pattern. For instance, when a bankruptcy attorney asks you what prompted you to call, it’s likely that you’ll say that your debts are piling up and that the stress is becoming unbearable. But you could be facing one of the following situations, too, and if you are, the lawyer will want to know about it because it will require quick attention:

What does a bankruptcy attorney ask you?

A bankruptcy attorney will ask you why you're considering filing for bankruptcy and determine whether filing for Chapter 7 or Chapter 13 bankruptcy will help you solve your financial problem.

Can an attorney text you?

Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

Which Documents Should You Bring Along With You?

Showing up to your in-person consultation empty-handed is a huge mistake. Plus, putting everything on paper can actually help you focus on what debts to discharge or pay down. At a minimum, plan to bring copies of the following documents to show your bankruptcy attorney when you meet:

How to Prepare for Your In-Person Bankruptcy Attorney Meeting

Plan to show up on time and ready to answer your attorney’s questions honestly when you arrive. Your lawyer isn’t going to judge you or your finances. In addition, you won’t owe any money today. Most people feel more confident dressed in the clothes they’d wear either for jury duty or church.

10 Questions To Ask Your Bankruptcy Attorney

In addition, you may wish to “interview” the lawyer before you’re willing to sign anything and retain their services. But what questions should you ask to quickly learn whether or not this bankruptcy attorney’s right for you? Here are some examples we recommend asking during your first in-person consultation:

What is the job of a bankruptcy trustee?

The trustee’s job is essentially to hunt for equity you have in property to determine whether there is anything to sell off to satisfy some of your creditors’ claims. Only what is called non-exempt equity is subject to sale.

How long is a bankruptcy consultation?

The initial bankruptcy consultation is a first meeting, usually lasting between 30-60 minutes, in which your bankruptcy attorney gets a feel for the financial issues you are confronting and how best to address them. A good bankruptcy attorney will not try to “steer” you in the direction of bankruptcy, and the meeting may very well end ...

Is the process of bankruptcy uniform?

The process is not uniform. Some offices will provide a questionnaire and list of required paperwork prior to the consultation; others will hand it out when you arrive. In either event, be prepared for some document collection as consumer bankruptcy post- BACPA has become quite detailed in its production requirements.

Is credit card debt unsecured?

LAWYER: The good news is that credit card debt is classified as unsecured debt, generally the easiest to wipe out in a bankruptcy filing. Credit card debt is a common problem we see here on a daily basis, and chapter 7 bankruptcy in particular can provide a nice solution.

Is bankruptcy a debt?

First, many think bankruptcy is all about debt, but it’s really about assets. Subject to your asset picture and exposure in that regard, from what you’ve told me, your debts will likely be dischargeable. However, keep in mind, if we file for you, a bankruptcy trustee will be appointed to your case.

Can a bank foreclose on a home?

The bank will still foreclose on your property to clear title out of your name so that a third party can purchase the home, but no deficiency judgment will arise. Furthermore, debts forgiven in bankruptcy are not taxable events so you won’t receive a 1099 for the amount of forgiven debt.

Does foreclosure affect credit score?

LAWYER: The foreclosure as well as the bankruptcy will not have a positive effect on your credit score. Keep in mind, however, that since you are already behind on the mortgage and credit card bills, it is likely that your credit score has already taken a dive.