Questions to Ask Your Bankruptcy Attorney

You have decided that the most responsible thing for yourself and your family is to file for bankruptcy. The next step is to find a qualified and affordable bankruptcy attorney.

You will want to personally interview prospective attorneys before agreeing to allow him or her to represent you in bankruptcy court. Many attorneys offer free initial consultations which you should take advantage of.

Below is a list of questions to ask a potential attorney during your interview process in order to help you ascertain their qualifications and fees, as well as their understanding of your individual case.

• How many bankruptcy cases have you personally handled?
• What percentage of your law practice is devoted to the area of personal bankruptcy?
• Do you usually represent debtors or creditors?
• Do you normally represent individuals or businesses?
• After giving an overview of your financial situation; should I file for bankruptcy?
• What are the differences between filing for Chapter 7 and Chapter 13?
• Do I pass the means test in order to qualify for Chapter 7?
• Under what circumstances would you recommend filing under Chapter 13?
• Are there any advantages to my filing under one chapter verses another?
• Will there be court costs and filing fees?
• Do I have any alternate options other than filing for bankruptcy?
• How would you go about handling my case?
• Do you foresee any problems in my case?
• Are any of my transfers in the past two years possibly considered fraudulent?
• Do I have any non-exempt assets?
• Do I have any options for dealing with non-exempt assets?
• About how long until my case would be concluded?
• What paperwork will you need from me in order to get started?
• Do you know the Bankruptcy Judges and/or Trustees personally?
• How often do you appear in Bankruptcy Court?
• Will you handle my case personally or will other attorneys in the office be involved?
• May I meet anyone else who will be involved in my representation?
• What is the best way to get in touch with you?
• Who will be accompanying me to court?
• How much will you charge me for your legal services?
• What is your hourly rate?
• Would you consider a flat fee arrangement?
• Can I get an estimate of your fees in advance of you taking my case?
• Do you require a retainer?
• Is any unused portion of the retainer refundable?
• Have you ever had a discipline or ethics complaint filed against you?
• Do you carry malpractice insurance?
• What makes you a stronger bankruptcy attorney verses your competitor?

Questions to Consider after the Consultation

• Did I have a good “gut feeling” about this attorney?
• Did I feel comfortable asking this attorney questions?
• Did the attorney listen carefully to me and respond thoughtfully to my questions?
• Did I understand everything the attorney was saying to me?
• Did this attorney’s strategy for dealing with my case make sense to me?

Although filing for bankruptcy is not a quick or simple process an experienced bankruptcy attorney will be vital to a competent resolution of your case.