what are good questions to ask bankruptcy lawyer

^{7 Questions to Ask Before Hiring a Bankruptcy Attorney}

1. What Branch Would I Qualify For? It is always a good idea to ask a bankruptcy lawyer which branch you would qualify for and the differences between the two ...
2. How Does This Branch Work? After learning which branch you should use, you should find out how it works. ...
3. What Challenges Will I Face? Next, you should ask the lawyer what challenges you might face if you file. ...
4. How Much Are the Fees? The next question to ask is about the fees. How much does it cost to file for bankruptcy? ...
How Long Will the Case Take? Most people that consider bankruptcy want to know how long a case takes, so you should ask your lawyer this question. ...
How Long Have You Offered Bankruptcy Services? You may also want to prepare some questions related to the attorney and his or her experience. ...
Is Bankruptcy the Best Solution?

What are good questions to ask an attorney?

Ask the lawyer A number of questions arise: Can you show the tenant’s demand ... Do you know the expression “no good deed goes unpunished”? Bottom line: Consultation with counsel here also is advisable. Is the tenant’s conduct a breach of the ...

How to find a good bankruptcy lawyer?

What Should You Ask a Fort Lauderdale Bankruptcy Lawyer?

• First impressions count. ...
• Once you’re in with the lawyer, are they listening to your situation and asking questions? ...
• Ask about their bankruptcy experience. ...
• How large is the lawyer’s law firm? ...
• How quickly do they return calls, emails or texts? ...
• How hands-on will the attorney be after the initial consultation? ...

More items...

Why should you hire a bankruptcy lawyer?

Why you should hire a Bankruptcy Attorney

• A bankruptcy attorney can increase the chances of success in your case. ...
• Bankruptcy lawyers know which bankruptcy option is better for you. ...
• Bankruptcy lawyers know the bankruptcy laws better and know which chapters fit your needs more. ...
• Bankruptcy lawyers can help identify and eliminate all debts that are eligible for it. ...

More items...

Do I really need to hire a bankruptcy lawyer?

The short answer is no. Bankruptcy laws do not require you to have an attorney file your bankruptcy. You can file yourself if you are filing Chapter 7 or Chapter 13 bankruptcy. However, that doesn’t mean that it is a good idea to file on your own. This may be your best bet for filing a successful bankruptcy without the help of an attorney.

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.

How do I prepare for a bankruptcy hearing?

To prepare for bankruptcy hearings, you should review your bankruptcy forms and any instructions provided by the court. The First Meeting of Creditors is a five to ten-minute hearing. The Chapter 7 trustee asks questions about your income, expenses, debts, and assets.

What are good questions to ask lawyers?

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...•

What questions should I ask a lawyer about seeking help?

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...

What questions are you asked 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 questions will be asked at 341 meeting?

341 Meeting Questions the Bankruptcy Trustee Might AskDo you own or have any interest whatsoever in any real estate?Have you made any transfers of any property or given any property away within the last one-year period (or such longer period as applicable under state law)?Does anyone hold property belonging to you?More items...

What is the hardest question to ask a lawyer?

12 Tough Questions to Ask a LawyerWhat's your opinion of the probate process?Under what conditions do you recommend a Living Trust?How do I protect my children from abusive relatives if something happens to me?Can I keep my kids from controlling their entire inheritance at 18?More items...•

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...•

What do you say when talking to a lawyer?

Tips for Talking to an AttorneyAlways be as honest and candid as possible about the facts of your case. ... Ask questions if you don't understand something that your attorney mentions or explains to you.Approach an attorney about your case as soon as you think you may need one.More items...•

What is a good question to ask a judge?

Good questions to ask the judge include the following: “How do you like being a judge?” “How did you decide to become a judge?” “What was the most important thing that helped you become a judge?”

How do you answer a lawyer question?

Give positive, definite answers when at all possible. Avoid saying, “I think”, “I believe”, or “In my opinion” if you can answer positively. If you do know, then say so. You can be positive about important things which you would naturally remember.

What's the difference between attorney and lawyer?

Attorney vs Lawyer: Comparing Definitions Lawyers are people who have gone to law school and often may have taken and passed the bar exam. Attorney has French origins, and stems from a word meaning to act on the behalf of others. The term attorney is an abbreviated form of the formal title 'attorney at law'.

Helpful Questions About Filing for Bankruptcy

When going into a meeting with a lawyer where you’re considering filing for bankruptcy, there will be plenty of questions swirling in your head. No matter how much you’ve prepared and researched, there are bound to be questions you couldn’t answer on your own and will need to ask a bankruptcy lawyer to clear up for you.

Questions for Your Bankruptcy Lawyer About Their Practice

While you want to know the details of your claim and whether or not you qualify for a claim, there are other questions for your bankruptcy lawyers specifically about their practice that will help you decide if you want their help in your case.

Questions for Yourself

All of the questions above will help you evaluate whether you need to file a claim, what your claim might entail, who you’re choosing as a lawyer, and what fees you might incur from the entire process.

Belsky, Weinberg & Horowitz, LLC Will Fight for You

When you’re filing a bankruptcy claim, you want to be fully informed about what’s happening and know that your attorney has the necessary experience to build you a strong case. At Belsky, Weinberg & Horowitz, LLC, our lawyers are experts in bankruptcy law and know exactly what you need for a strong claim.

How does bankruptcy benefit you?

How will bankruptcy benefit me? You should have a clear understanding of the benefits associated with a bankruptcy filing. For example, a Chapter 7 may discharge most or all of your debt, and stop collection activity. A Chapter 13 may allow you to catch up mortgage payments, or restructure other debt.

What are the benefits of filing for bankruptcy?

For example, a Chapter 7 may discharge most or all of your debt, and stop collection activity. A Chapter 13 may allow you to catch up mortgage payments, or restructure other debt.

Who will go to court with me?

The answer should be an attorney, not a paralegal. Some law firms will have one attorney handle all the court cases on a given day, and as long as the attorney is familiar with your case, that should be fine. But, you should meet that attorney before you go. It will increase your comfort level just to know a familiar face. Some attorneys have formal or informal agreements to cover each other’s cases from time to time, and occasionally emergencies come up. At the very least, you should know who to look for, and be comfortable that the attorney has been briefed on your case.

Is bankruptcy a difficult process?

Filing bankruptcy is a serious step, and a difficult one for most folks. In addition to being a step most people are very reluctant to take, it is a totally unfamiliar process, too. It can be confusing and stressful. How do you know that you’re asking the right questions? A lot has been written here about the importance of having an experienced bankruptcy attorney (see here and here for just a couple of examples). But how do you know that’s what you’re getting? Below are a few questions to ask your prospective bankruptcy attorney, just to get you started.

What do law firms do after bankruptcy?

Some law firms offer a little additional support after the bankruptcy process is completed to help ensure that their former clients are ready to get back on their feet, retain (or regain) stability, and help them with some of the basics like budgeting and building a better credit score.

When shopping around for an experienced legal professional to represent you on a matter as sensitive and exigent as your own answer?

When shopping around for an experienced legal professional to represent you on a matter as sensitive and exigent as your own bankruptcy, it’s critical to pick the right partner . As part of that, you will want to make sure you are prepared for a rigorous screening process.

Do bankruptcy mills exist?

Like many other branches of the law, bankruptcy mills exist. Other law firms have many clients to work with. And they may farm some of their smaller ones out to be mostly handled by paralegals and assistants. If you want to make sure you’re going to be in the right hands, you will have to be upfront with it.

Is a lawyer worth their weight in salt?

No lawyer worth their weight in salt will try to sell you on a prediction of the outcome of your case. They might make an educated guess. But if you’re faced with someone who promises a great outcome, turn the other way. Promises are never a good sign when dealing with legal matters, where small changes can completely change outcomes.

Do I have any non-exempt assets?

Do I have any non-exempt assets? 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? 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? 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? 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? 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? 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? I am astounded that some attorneys fail to provide an estimated Chapter 13 payment at the Initial Consultation.

Do I have any non-exempt assets?

Each state will tell you which of your assets are exempt from your creditor. Your bankruptcy attorney should be very familiar with this topic.

What are my options for my non-exempt assets?

Your lawyer can advise you as to which of your assets are non-exempt and how to handle these assets. For instance, you may need to make an offer to the bankruptcy court or find a legal means by which you can liquidate them before filing.

Are there any preferential payment issues?

Preferential payment means that you pay one creditor instead of paying another. The court believes that if you have any money, you should divide it among all of your creditors. This prevents a lawsuit against the creditor who has been paid.

What should an attorney do when considering bankruptcy?

The attorney should offer you a realistic image of your case. They should be able to identify your case’s advantages and disadvantages while considering filing for bankruptcy.

How to trust a bankruptcy attorney?

Ask them about their experience, and see if they have dealt with any same case as yours. Know how long they have been dealing with bankruptcy cases so that you can trust them.

What is the importance of bankruptcy?

A good bankruptcy lawyer should give you some peace of mind, and you should trust him with all the procedures as he represents your case. The top priority of your attorney is to protect your assets from debt collectors and find a way to free you from bankruptcy and financial problems. While hiring or choosing an attorney, you also have to clear your doubts and ask all the questions you have during the consultation, so be prepared. Here are some questions that you should ask and discuss during your first consultation with the bankruptcy attorney:

What are the different types of bankruptcy?

There are two types of bankruptcies for individuals, Chapter 7 and Chapter 13. The attorney should be able to tell you the differences between them and suggesting to you which one is most suitable for your case.

What is the importance of filing through an attorney?

A crucial factor is a clarity about the money required to file through an attorney as it depends on the type and complexity of the case. According to your case, the lawyer should tell you what situations might lead to higher fees.

What does a lawyer recommend?

A professional lawyer will recommend other options too, different courses of options you can opt according to your cases’ situation. The attorney will tell you about your situation and the consequences you might face during the process. They should be more understandable and rational with the consultation they provide and have to be convincing.

Can bankruptcy lawyers help you?

They are not here to judge or blame you. On the contrary, bankruptcy attorneys are always here to help you get out of these problems by providing right solutions. They give their time and effort to work with you to provide the solution according to your situation, be it bankruptcy or credit counseling or debt settlement. The right and experienced bankruptcy attorney can help you with any financial problem and assist you through the difficulties of the paperwork, bankruptcy filing, decision making, and the procedure as a whole.