what to ask attorney on bankruptcy consultation

by Isidro DuBuque 7 min read

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,...

If not, you'll probably want to consult with another bankruptcy attorney.
...
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  • 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?

Full Answer

What do I need to know before my bankruptcy consultation?

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 21, 2019 · QUESTIONS TO ASK A BANKRUPTCY ATTORNEY DURING YOUR INITIAL CONSULTATION 1. Should I file for bankruptcy? In order for a bankruptcy attorney to answer this question they need to know,... 2. What are the benefits and negatives if I file for bankruptcy? The attorney should take the time to explain what ...

Why hire an experienced bankruptcy attorney?

Apr 19, 2021 · Always speak to a lawyer before you file for bankruptcy and ask them about Chapters 7 and 13. They’ll give you the guidance you need to make the right choice. How Long Will Bankruptcy Take? If you’re in a rush to erase your debt, you might not be able or willing to file for debt relief options like Chapter 13, which takes years to complete.

How do I know if my attorney is a good one?

Dec 21, 2017 · A consultation with a bankruptcy attorney is your opportunity to learn how filing for bankruptcy will specifically affect you. At the bankruptcy consultation, you will want to know if you qualify for bankruptcy, which chapter would be best for you to file, and what of your belongings can be protected through the bankruptcy process. There are other things we …

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What questions should you ask your attorney?

Questions to Ask Your Lawyer During a Consultation
  • 1) 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?
Jan 29, 2017

What should you not do before filing bankruptcy?

Here are common mistakes you should avoid before filing for bankruptcy.
  • Lying 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 does a bankruptcy consultant do?

Bankruptcy lawyers are professional negotiators who have made a comprehensive analysis of the likelihood of a settlement offer being accepted.Mar 30, 2021

What advice would you give someone who is considering filing bankruptcy?

Start saving and gathering financial documents, including paystubs, bank statements, tax returns, retirement accounts, payoff balances on homes & cars, titles, and any other financial papers you may have. You should try to go back 6 months on most statements and paystubs, and 3 years on tax returns.

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.Mar 21, 2022

Is filing Chapter 7 worth it?

Chapter 7 bankruptcy is a powerful legal tool in the United States that allows you to totally erase many debts, including credit card debt, medical debt, car loans, and payday loans. Experts estimate that over 39 million Americans have filed for bankruptcy. It's more common than most people think.Apr 1, 2022

How much does a lawyer charge for Chapter 7?

How much does it cost to file for bankruptcy?
Chapter 7Chapter 13
Filing fees$338$313
Attorney fees*$500 - $3,500$1,500 - $6,000
Total$838 - $3,838$1,813 - $6,313

What are the differences between Chapter 7 and Chapter 13 bankruptcy?

With Chapter 7, those types of debts are wiped out with your filing's court approval, which can take a few months. Under Chapter 13, you need to continue making payments on those balances throughout your court-instructed repayment plan; afterwards, the unsecured debts may be discharged.Apr 7, 2021

What are the negative consequences after filing for bankruptcy?

Bankruptcies are considered negative information on your credit report, and can affect how future lenders view you. Seeing a bankruptcy on your credit file may prompt creditors to decline extending you credit or to offer you higher interest rates and less favorable terms if they do decide to give you credit.

What are the 3 types of bankruptcies?

With that in mind, below are details about three main bankruptcy types.
  • Chapter 7 Bankruptcy. Chapter 7 is also referred to as a liquidation bankruptcy because it calls for most of the debtor's assets to be sold to pay creditors. ...
  • Chapter 13 Bankruptcy. ...
  • Chapter 11 Bankruptcy.
Feb 17, 2022

What debts are not discharged in bankruptcy?

Examples of other non-dischargeable debts in a Chapter 7 bankruptcy case include:
  • 401k loans.
  • Other government debt such as fines and penalties.
  • Restitution for criminal acts.
  • Debt arising from fraud or false pretenses.
  • Debts you intentionally did not include in your bankruptcy forms.
  • Damages related to a DUI accident.
Nov 2, 2020

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.

What to do before filing for bankruptcy?

What you definitely have to do prior to a bankruptcy consultation is prepare a list of all your debts, which may include medical bills, vehicle loans, credit cards, personal loans, mortgages, as well as any other outstanding loans you may owe. If you’ve been sued, or you’ve received a summons, you should bring that too.

What should be included in household expenses?

This should include all the payments and expenses you make every month. Include insurance premiums, charitable donations, and debt payments if you have any .

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.

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:

Can bankruptcy be completed without documents?

Your bankruptcy petition cannot be completed without certain documents, so it’s a good idea to gather your paperwork together ahead of time and bring it to your appointment—especially if you need your bankruptcy completed quickly. Here’s your list:

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.

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