what questions should i ask a bankruptcy lawyer

Here are some of the questions you should ask your lawyer about their practice to ensure they’re the right bankruptcy attorney for you:

• Are you a lawyer?
• How long have you been a practicing bankruptcy attorney?
• How many bankruptcy claims have you handled like mine?
• Who all will be handling my case from your firm?
• How can I contact you?
• How often can I contact you?

Full Answer

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? ...

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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. ...

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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.

How do I prepare myself for bankruptcy?

The first step to prepare for bankruptcy is to gather proof of your income. Copies of your tax returns and copies of proof of income for the past six months are required when you file a Chapter 7 case. To prepare for bankruptcy under Chapter 7, you must complete the Chapter 7 Means Test.

What should you do before you file for bankruptcy?

Top Five Things to Do Before Filing for BankruptcyThe bankruptcy process is demanding and emotional. Bankruptcy is designed to provide a new start, but keep in mind that the process is complicated. ... Talk to an attorney. ... Pay some of your bills. ... Change your lifestyle and be realistic. ... Change your phone number.

What do bankruptcy trustees look for in bank statements?

The trustee will look at your statements to verify your monthly payments to make sure they match the expenses you put on your bankruptcy forms. For example, if you listed your car loan as $500 a month, the trustee will use your bank statements to ensure that amount is being reflected on your bank statements.

What do they look at for bankruptcy?

Hidden Assets debts or expenses for assets not listed in the schedules. a claim of a property loss from theft with no police report, or a casualty loss with no insurance claim. missing financial records. closed financial accounts (how much was in the account and where did the money go)

Should I close my bank account before filing bankruptcy?

You'll want to open checking and savings accounts at a bank that doesn't service any of your debt and use the new account for banking purposes before filing bankruptcy. Again, you don't need to close other accounts—leave them open and report all accounts when filling out your bankruptcy paperwork.

What can you not do after filing bankruptcies?

After you file for bankruptcy protection, your creditors can't call you, or try to collect payment from you for medical bills, credit card debts, personal loans, unsecured debts, or other types of debt.

Can you hide a bank account from bankruptcy?

The court will not force you to close your bank account. You are certainly allowed to keep your checking and savings account during a bankruptcy. You can certainly continue banking at the same institution, though in some cases you might not want to (see below).

What happens to my bank account when I file Chapter 7?

In a Nutshell In most Chapter 7 bankruptcy cases, nothing happens to the filer's bank account. As long as the money in your account is protected by an exemption, your bankruptcy filing won't affect it.

Can I take a vacation while in Chapter 7?

Can I Take a Vacation While in Chapter 7? If you want to take a vacation while in Chapter 7, this is permissible as long as it is in your budget. Keep in mind however there is always the chance the Trustee and/or your attorney will request additional information or documentation while you are away.

What assets can bankruptcy take?

The three types of assets when filing bankruptcyPersonal property. This is what's considered material goods; examples include clothing, furniture, artwork and vehicles.Real property. Real property includes land and improvements or buildings tied to land, such as a house or barn.Intangible property.

Do you get out of all debts if you declare bankruptcy?

While the goal of both Chapter 7 and Chapter 13 bankruptcy is to put your debts behind you so that you can move on with your life, not all debts are eligible for discharge.

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.

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1. Should I be filing for bankruptcy?

We know that whilst cases may appear similar, each person’s situation is unique, and so we’ll listen to everything you’ve got to say, and then give you our honest opinion and recommendation as to whether you should file for bankruptcy.

3. Is there anything worrying you about my case?

As previously mentioned, many cases are similar, and since 1977 we have helped over 40,000 families become free from debt.

5. How long will the process take?

Chapter 7 Bankruptcy typically takes around 3 months, whilst Chapter 13 Bankruptcy usually lasts for 3-5 years as it is a debt repayment plan.

7. How will you keep me updated?

We’ll let you know the process, what to expect, and what you need to do next.

8. What are your fees?

Whilst we try and remain competitive, because we know that many people want to utilize our skills and experience in successfully filing for bankruptcy.

10. Do you offer payment plans?

Yes. We fully understand that you’re struggling to pay your bills, and so spreading our costs makes sense to us as well as you.

Conclusion

Now you know what questions to ask a bankruptcy attorney before you choose them, you’ll feel confident that you’re getting the help and advice you need for your financial situation.

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 to do if you are filing for bankruptcy?

If you’re filing for bankruptcy, the right bankruptcy attorney can make all the difference. Attorneys are often willing to provide a free initial consultation to help you determine whether the services they offer are a good fit for your needs. Take advantage of these opportunities by asking the right questions.

What should a bankruptcy attorney do?

A skilled attorney should be able to recommend one or more specific courses of action to you, based on your particular situation, as well as clearly explain bankruptcy procedures in general. They should talk to you about Chapter 7 and Chapter 13 bankruptcy and thoroughly describe the differences between these two paths, as well as the implications for you of choosing one over another. They should also be able to provide a convincing, understandable rationale for any recommendations they offer.

Why do you need an attorney for bankruptcy?

When you have to go to court, it’s likely you’ll want your attorney, as opposed to a paralegal or associate, to accompany you, since your attorney will be more familiar with you and your case.# N#Ask prospective attorneys if they plan to be present for any court appearances you make and what will happen if they can’t attend a particular hearing. Some firms send a different attorney to court when there’s a scheduling issue. If so, get reassurance that you’ll be notified in advance and that the substitute attorney will be well-briefed on your case and able to represent your interests well.

What should an attorney be able to describe?

An attorney should also be able to describe the positive and negative consequences of filing for bankruptcy versus choosing not to file for someone in your particular situation. 3.

What does a good attorney do?

A good attorney will put you at ease during a consultation and help you feel comfortable communicating openly and directly. Armed with the right questions, you shouldn’t have trouble finding an attorney who will treat you with respect and put their expertise to work for you in and out of bankruptcy court.

How to communicate with bankruptcy attorney?

Some attorneys communicate with clients primarily by email, while others prefer to use the phone . Some like to be accessible after hours, in case a last-minute issue comes up, ...

Do you have to have an oral agreement with a bankruptcy lawyer?

Do not rely on oral agreements when hiring a bankruptcy lawyer. The financial and practical consequences of doing so could be severe. To protect both of you, any attorney you hire should prepare a formal agreement that specifies how much you will be paying and what services are – and are not – covered by this amount.