Questions to Ask a Bankruptcy Lawyer Before Hiring Them

cost to file for bankruptcy

Filing for bankruptcy can be a life-altering decision, so hiring the right bankruptcy lawyer is essential. The process is not just about managing paperwork; it’s about finding someone who understands your unique financial situation and offers the right guidance. Here’s a guide to the key questions you should ask a bankruptcy lawyer before hiring them.

1. What Types of Bankruptcy Do You Specialize In?

Bankruptcy isn’t one-size-fits-all. The most common types for individuals are Chapter 7 and Chapter 13. Chapter 7 involves liquidating assets to clear debts, while Chapter 13 restructures debt into a manageable repayment plan.
Ask your lawyer about their experience with these specific types to ensure they have the expertise you need.

Pro Tip: If you own a business, check if they also handle Chapter 11 bankruptcy for business debt restructuring.

2. How Long Have You Been Practicing Bankruptcy Law?

Experience matters. An attorney with years of practice will likely have encountered cases similar to yours.
Don’t hesitate to ask for specific examples, like:

  • Have they worked with clients who had debt levels or asset types similar to yours?
  • How do they handle complications such as foreclosure or wage garnishment?

3. What Are the Fees, and What Do They Cover?

Bankruptcy lawyers typically charge a flat fee, but you need to understand what’s included. Ask if the fee covers:

  • Filing fees
  • Court appearances
  • Document preparation
  • Post-bankruptcy consultations

Additionally, inquire if there are extra costs for unexpected complications. Transparency here can save you stress later.

4. Will You Handle My Case Personally?

Some law firms delegate cases to junior associates or paralegals. While this can reduce costs, it may also affect the quality of your representation.
Ask the lawyer:

  • Will they personally handle your case?
  • If not, who will, and how experienced is that person?

5. What Documentation Will You Need From Me?

A good lawyer will outline the documents you need to gather, such as:

  • Income records
  • Tax returns
  • Asset lists
  • Debt details

Knowing this upfront allows you to organize and expedite the process.

6. What Is the Expected Timeline for My Case?

Bankruptcy cases can take months, depending on their complexity and the court’s schedule. Ask for a timeline that includes:

  • Filing
  • Meeting with creditors
  • Discharge of debts

This question helps manage your expectations.

7. What Are My Alternatives to Bankruptcy?

A competent lawyer won’t push you into bankruptcy if there are better options. They should assess your financial situation and suggest alternatives like debt settlement or credit counseling if bankruptcy isn’t your best choice.

8. What Happens to My Assets?

Your lawyer should clarify whether you’ll lose significant assets, such as your home, car, or savings. Laws vary by state, so ask about exemptions and how they apply to your case.

9. What Are the Risks of Filing Bankruptcy?

Bankruptcy isn’t without consequences. Ask your lawyer to explain the potential downsides, such as:

  • Credit score impact
  • Future loan eligibility
  • Employment considerations

This ensures you’re fully informed before proceeding.

10. Can You Provide References or Testimonials?

Finally, ask for references or client testimonials. A reputable lawyer will have positive reviews or recommendations that can boost your confidence in hiring them.

FAQs

  1. Can I file for bankruptcy without a lawyer?
    Yes, but it’s not recommended. Bankruptcy laws are complex, and mistakes can lead to delays or case dismissal.
  2. How much does it cost to hire a bankruptcy lawyer?
    Costs vary but typically range from $1,000 to $3,500, depending on the complexity of your case and the lawyer’s experience.
  3. How long does bankruptcy stay on my credit report?
    Chapter 7 stays for 10 years, while Chapter 13 remains for 7 years from the filing date.
  4. Can filing bankruptcy stop creditors from calling me?
    Yes, an automatic stay goes into effect once you file, stopping most collection efforts, including calls and lawsuits.
  5. Will bankruptcy wipe out all my debts?
    Not all debts are dischargeable. Common exceptions include student loans, child support, and recent tax debts.

By asking these questions, you can ensure you’re hiring a lawyer who is the right fit for your needs and who will guide you through this challenging process with confidence and clarity.

 

Nick
Nick

Nikhil Sethi has been working in digital marketing for 16 years. He’s seen how it’s changed over time and has learned to keep up. He’s worked with many different kinds of businesses and knows how to make plans that work. Nikhil loves teaching others and finding new ways to reach people online.