what to ask when hiring bankruptcy attorney

Another important question you want to ask before hiring a bankruptcy attorney is how much the whole process will cost you. Costs usually include filing for bankruptcy, administrative costs, and the cost of a lawyer’s fee. We advise you to inquire well about how much money you will need to successfully complete this whole process.

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What are 3 questions you should ask a lawyer before hiring?

Below are ten questions to ask your potential lawyer.How long have you practiced law? ... What type of cases do you generally handle? ... Who is your typical client? ... How many cases have you represented that were similar to mine?More items...•Apr 13, 2018

What should I ask 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 questions should you ask your attorney?

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 kind of questions do they ask in bankruptcy court?

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 can you not file bankruptcies?

8 Kinds of Debt You Can't Lose in BankruptcyMost back taxes and customs. ... Child support and alimony. ... Student loans. ... Home mortgage and other property liens. ... Debts from fraud, embezzlement, larceny, or from “willful and reckless acts” ... Your car loan, if you want to keep your car. ... Debt that doesn't belong to you.More items...

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

Do lawyers only ask questions?

On direct examination, lawyers generally can't ask leading questions. A question is leading if it suggests the answer. For example, "You couldn't see very well, could you?" or, "Did you get to the scene at 8 p.m.?"

What you should know before you talk to a lawyer?

10 Things You Should Know Before Contacting a LawyerHave Your Documents Ready. ... Research the Elements of Your Case. ... Don't Call if You Just Have a Question. ... You May Not Speak to a Lawyer Right Away. ... Do Not Ask the Legal Support Staff for Advice. ... Don't Provide Too Much Information. ... Answer the Lawyer's Specific Questions.More items...•Feb 6, 2020

1. Are there any realistic alternatives to bankruptcy? If not, which bankruptcy Chapter is the right choice for me?

This is one question that will allow the lawyer to display his expertise and experience in the field. It will also help you assess if he is leaning toward a solution without first understanding the problem.

2. How much experience do you have?

Your lawyer may have experience of more than 30 years but could have filed only a few bankruptcy cases. That is why it is crucial to ask him if he understands the complexity of these cases. Bankruptcy laws are subject to change.

3. Who will attend court with me?

Appearing in court during bankruptcy can be stressful at times. If you have a good lawyer by your side guiding you during these appearances, it will certainly help. So, you should straightforwardly ask your lawyer if he or she is going to accompany you to court.

5. How much is your fee and what all does it cover?

The cost of hiring a lawyer depends on where you live, and how experienced he or she is, and other factors. The fee should normally include the cost of filing your case in court. He or she should inform you about the federal filing fees, as well as describe any additional costs you’ll be responsible for.

Is there any option other than declaring bankruptcy?

First thing first, while hiring a bankruptcy attorney, do not forget to ask this very question to him or her. Making your final decision regarding whether to hire the attorney will become apparent to you depending on the reply.

Who will be handling my bankruptcy case?

Many individuals or business owners do not have a one-to-one relationship with a professional bankruptcy attorney, and the attorney’s assistants mostly handle their bankruptcy cases. So, you have to make sure that no one else other than the lawyer you hire handles your case.

How many years of experience do you have with bankruptcy cases?

Know that it is of the utmost importance to take the frequency of cases into consideration when it comes to bankruptcy. Instead of choosing a lawyer who handles only two to three bankruptcy cases every year, you should opt for a more experienced bankruptcy lawyer.

What type of bankruptcy should I file?

2. What type of personal bankruptcy should I file for? There are two available options when filing for personal bank ruptcy: chapter 7 and chapter 13. Chapter 7 is a liquidation bankruptcy, where the court sells all your non-exempt assets and uses the money to pay your creditors.

Why do law firms send another attorney in place?

It’s common for law firms to send another attorney in place when the assigned lawyer cannot make it to court due to scheduling conflicts. If this type of set up makes you uncomfortable, you should discuss the arrangement with your lawyer early on.

Is it stressful to file for bankruptcy?

The court appearance is one of the more stressful aspects of filing for bankruptcy. That being said, having your lawyer with you during the proceedings can give you the confidence boost that you will definitely need.

Do law firms handle bankruptcy cases?

A law firm may handle bankruptcy cases, but that does not mean that they specialize in bankruptcy law. If you want the highest possible rate of success for your case, you need to work with a firm or an attorney who knows the ins and outs of bankruptcy law like it’s second nature.

Can a bankruptcy attorney recommend bankruptcy?

After discussing your financial ordeal with your bankruptcy attorney, he or she should be able to give you an honest opinion as to whether filing for bankruptcy is the best route you can take. A reputable law firm will never recommend filing for bankruptcy if it isn’t right for you.

What will my payments be under Chapter 13?

If you are filing a chapter 13, you will want to ask your attorney approximately what the total cost of your monthly payments will be. An experienced attorney should be able to give you an estimation.

Will I be able to keep my property?

If you own a home or a car, you will want to ask your attorney if you will be able to keep them. They should be able to figure this out based on what kind of bankruptcy you want to file, what you owe, and the value of your property.

What will the total cost of my case be?

You have probably seen many ads on television offering a free consultation with a bankruptcy attorney. Unfortunately, they are not free if you actually hire them. Make sure to ask exactly how much everything will cost all together including the filing fees and their flat fee for representing you.

Do you think I will pass the means test?

If a bankruptcy lawyer is worth hiring, they will be able to tell you if you should file for bankruptcy in the first place. The means test determines if you can file for bankruptcy. Your lawyer should be able to take a look at your pay stubs and bills during your first consultation.

Question 1 – Do You Specialize in Bankruptcy?

Any lawyer in your area who is permitted in bankruptcy court can technically file your bankruptcy for you. This may be why so many people make the wrong decisions when choosing a legal professional to guide them through the process.

Question 2 – Can You Explain Bankruptcy to Me?

Bankruptcy is not a process that anyone innately understands. That is not because the process is deliberately complicated. It is just a complex issue that deals with matters of finance that can really cause confusion when those matters are not straightforward.

Question 3 – Do You Anticipate Any Problems with My Case?

This is a particularly important question to ask, because there are a lot of trivial details that can cause hang-ups during the bankruptcy process.

Question 4 – How Quickly Can You File My Case – and How Long Might My Case Take?

You would not believe how many people wait until their financial situation is already dire before considering bankruptcy. Your attorney would prefer that you come to them as soon as things begin to get tough, so that you can explore all your options in a timely manner.

Questions for Yourself After Speaking to a South Florida Bankruptcy Attorney

Once you are finished speaking with your prospective attorney, consider the following before you move on to the next name in the phone book: