what does bankrupcy lawyer information first meeting

by Prof. Ransom Medhurst Jr. 6 min read

At your free bankruptcy consultation, you’ll meet your bankruptcy lawyer for the first time and share information about your financial situation and goals. Your attorney will use that information to determine if bankruptcy is right for you, and if so, what type.

Questions You'll be Asked
In order to help you best, your bankruptcy lawyer will need to know about your life and finances. They will want to know what has brought you to consider bankruptcy, such as credit card debt, difficulty paying a mortgage, medical bills, and so on. They might also ask: If you're married.

Full Answer

When should I meet with my bankruptcy attorney?

Without a doubt, the most important time you will meet with your bankruptcy attorney is the first time you meet with your bankruptcy attorney. During that first meeting, you, the potential new client, and the attorney should develop a rapport, outline goals and expectations, and review solutions.

What should I bring to my first meeting with a bankruptcy lawyer?

Here’s a basic checklist of documents that you should bring during the first meetings with a bankruptcy lawyer: For business bankruptcy, you may need to bring additional documentation, including company balance sheets, budget reports, financial statements, and a list of company property.

Why do I need a bankruptcy attorney?

A bankruptcy attorney will help you decide whether or not to file for bankruptcy, and what type of bankruptcy you should file. Additionally, if you decide to file, an attorney can help ensure that your property is protected, all of your dischargeable debts are discharged, and your creditors do not violate your rights.

How long does it take to file bankruptcy?

In order to ensure a quick and efficient bankruptcy you should make sure all the necessary paperwork is filed. This includes information about your income, expenses, debts, assets, recent financial transactions, and the property you’re allowed to exempt. In total, most bankruptcies take around 4 to 6 months.

What happens at first meeting of creditors?

At the creditors' meeting, the trustee checks the debtor's identification and asks a series of questions about the bankruptcy paperwork. Creditors who attend can ask about financial matters, although it's rare for creditors to appear.

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.

Should you seek legal advice when filing for bankruptcy?

However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.

What happens when someone files Chapter 7?

Background. A chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in chapter 13. Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets and uses the proceeds of such assets to pay holders of claims (creditors) in accordance with the provisions of the Bankruptcy Code.

What questions are asked in bankruptcy hearing?

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 do they ask 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 are the do's and don'ts in bankruptcy?

Don't take any cash advances. Do not make any major cash advances off of credit cards prior to filing for bankruptcy. A creditor can object to the discharge of debts incurred as cash advances before filing.

What debts are not discharged in bankruptcy?

The following debts are not discharged if a creditor objects during the case. Creditors must prove the debt fits one of these categories: Debts from fraud. Certain debts for luxury goods or services bought 90 days before filing.

What will I lose if I file bankruptcy?

Filing Chapter 7 bankruptcy wipes out most types of debt, including credit card debt, medical bills, and personal loans. Your obligation to pay these types of unsecured debt is eliminated when the bankruptcy court grants you a bankruptcy discharge.

How soon can I purchase a home after filing Chapter 7?

During a Chapter 7 bankruptcy, a court wipes away your qualifying debts. Unfortunately, your credit will also take a major hit. If you've gone through a Chapter 7 bankruptcy, you'll need to wait at least 4 years after a court discharges or dismisses your bankruptcy to qualify for a conventional loan.

What can you not do when filing Chapter 7?

What Not To Do When Filing for BankruptcyLying 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 assets can you keep in Chapter 7?

Bankruptcy Exemptions: What Property Can you Keep In Chapter 7 Bankruptcy?Houses, Cars, and Property Encumbered By a Secured Loan. ... Household Goods and Clothing. ... Retirement Accounts. ... Money, Jewelry, and Other Property.

What do bankruptcy lawyers need to know?

In order to help you best, your bankruptcy lawyer will need to know about your life and finances. They will want to know what has brought you to consider bankruptcy , such as credit card debt, difficulty paying a mortgage, medical bills, and so on. They might also ask: If you’re married. If you have children. How much money you and your spouse make.

What does it feel like to be a bankruptcy lawyer?

Many clients also find themselves getting emotional during their first meeting with a bankruptcy lawyer. You might feel loss, anxiety, sadness, anger, fear, or even relief. Your lawyer understands that it’s natural to feel emotions as you start your bankruptcy journey, so don’t feel ashamed if they come up during your first meeting.

What to expect at a free bankruptcy consultation?

At your free bankruptcy consultation, you’ll meet your bankruptcy lawyer for the first time and share information about your financial situation and goals. Your attorney will use that information to determine if bankruptcy is right for you, and if so, what type. In order to get the best advice possible, you should prepare for your first meeting ...

What You Will Need

To help your bankruptcy lawyer better understand your financial situation, it’s a good idea to bring the following things to your initial consultation.

What You Can Expect to Talk About

A consultation with a bankruptcy lawyer is meant to gather a general overview of your bankruptcy case. You may be asked information like why you are filing for bankruptcy and what kind of income and debt you have.

Things to Consider Before You Meet

Bankruptcy can be both financially and emotionally draining, so before you decide to meet with a bankruptcy lawyer you should consider the following things:

Free Consultations at Groce & DeArmon

If you have decided that bankruptcy is right for you, consider signing up for a Free Consultation with our trusted bankruptcy lawyers. We offer professional, personal, and friendly services to help make your bankruptcy case as smooth as possible. Visit us online or contact us at (417) 862-3706 today to learn more.

Why is it important to have a bankruptcy attorney?

Because filing for bankruptcy is a complex legal claim, finding the right bank ruptcy attorney is important. A bankruptcy attorney will help you decide whether or not to file for bankruptcy, and what type of bankruptcy you should file. Additionally, if you decide to file, an attorney can help ensure that your property is protected, ...

What is the most important thing to do when filing for bankruptcy?

The last point is especially important. For the most effective bankruptcy filing, it is crucial that you are completely transparent with your attorney. Make sure you take note of any questions, legal inquiries, or laws that you may wish to address with your attorney.

Why is bankruptcy considered the most document intensive?

This is because whether a bankruptcy is recognized by the courts is based on the value of the debtors assets compared to the amount of debt owed to other creditors.

What to do if you can't find a bankruptcy document?

If you can’t find a document that you think you need for your bankruptcy or if you forgot to bring a document to a meeting with your lawyer, you should tell your attorney as soon as possible, so that they can take note and take the appropriate action to help you.

How long does it take to file for bankruptcy?

In total, most bankruptcies take around 4 to 6 months.

Why do people declare bankruptcy?

Declaring bankruptcy gives individuals or businesses that are unable to pay their debts a better way to solve their financial problems. It can also help them start rebuilding their credit and lives in a more positive and financially stable way.

What happens when you file for bankruptcy?

That way, when you complete your bankruptcy, you will be on the right path to financial recovery.

Bankruptcy Can Be a Difficult Time for You

Fortunately, bankruptcy lawyers understand what a difficult and emotional time this can be for clients. They know that many bankruptcies are often caused by circumstances beyond your control, like a job loss or downsizing, major medical issues, divorce, or other sudden changes in your financial picture.

What to Expect at a Consultation with a Bankruptcy Attorney

At the Law Office of David A. Bhaerman, we typically set aside 60-90 minutes for the initial consultation with a potential client. We ask you general questions about your debt, your income, and any assets you may have to help build a financial picture of your situation.

How to Prepare for the Initial Bankruptcy Consultation

During the initial consultation, it’s important that you provide as much accurate information as possible, so that we may properly assess your situation.

The Best Way to Contact a Bankruptcy Attorney

An initial consultation with a bankruptcy lawyer doesn’t mean you’ll automatically file bankruptcy. It’s important to communicate your situation with us, with as much detail and completeness as possible so we may help you make the right decision on whether or not to file bankruptcy. The Law Office of David A.

Bankruptcy Attorney Near You

Of course, there are many more reasons to hire a qualified, experienced bankruptcy attorney to help you navigate the murky financial waters of a personal bankruptcy case. These ten reasons are pretty compelling, especially if you’ve never handled anything like this yourself.