what questions to ask when consulting a lawyer for bankruptcy

After determining your primary issue, the lawyer will assess whether you’re qualified to file for Chapter 7 bankruptcy or Chapter 13 bankruptcy, by asking questions about your family size, income and assets, the type of debt you owe, and any recent purchases or property transfers. Here are a few examples: Are you married? Do you have children?

Full Answer

What questions should I Ask my bankruptcy attorney?

Ask each attorney some basic questions; the answers will tell you a lot about the attorney's style and strategy. Should I file Chapter 7 or Chapter 13? These are the two basic types of bankruptcies for individual filers.

Why hire an experienced bankruptcy attorney?

An experienced bankruptcy attorney will have handled many cases in the local bankruptcy court and be familiar with the trustee and judge appointed to your case. Most bankruptcy lawyers can spot issues that could raise red flags and will have a sense of how things might play out in court.

How do I know if my attorney is a good one?

You should feel that the attorney is on your side and will actively protect your interests. If the attorney was condescending, rude, or distracted, it's probably best to keep looking.

What is the means test for Chapter 7 bankruptcy?

This requirement -- called the means test -- is intended to force filers who can afford Chapter 13 to use it. When you talk to a bankruptcy attorney, the attorney should be able to tell you whether you can use Chapter 7.

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...

Will bankruptcy trustee Look bank records?

Bankruptcy trustees will also look through your bank statements to see your cash deposits and withdrawals. Any large deposits in your account should be accounted for. The bankruptcy trustee may ask you to explain where the money came from and why.

Is the 341 meeting scary?

Filing for bankruptcy is a scary experience, but within the entire process from start to finish, the 341 Meeting of Creditors is perhaps the most daunting. The idea of coming face to face with people who are trying to collect on a debt is understandably intimidating.

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 should I ask a consultant?

10 Questions to Ask a Consultant or Business Advisor Before...Are you collaborative? ... Do you have knowledge of our industry? ... Can you tell me about your process for going about work? ... What do you think is the biggest change that has happened in (consultant's sphere of knowledge) the last year?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?”

What questions should I ask my lawyer mentor?

Questions to Ask Your Mentor How is what I am learning in school different from what it will be like practicing? How did you become a [insert practice area] attorney? What is a typical work day like for you? What types of cases/projects are you currently working on?

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'.

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.

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, ...

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 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.

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.

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.

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.

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.