Choosing a bankruptcy lawyer should be a more complicated process than just going through the letter B in the phone book. Here are some questions to consider asking the attorney before your bankruptcy is filed.
What Are My Options?
When you consult with an attorney, you should be able to ask what your options are. This includes the pros and cons of Chapter 7 and Chapter 13, based on your personal situation. The attorney may also be able to give you an idea of what could happen if you do file bankruptcy and what may happen if you don’t.
You may find out that you don’t have to file bankruptcy but can take a different route with the attorney to settle debts. Either way, a bankruptcy lawyer will not be able to tell you what to do, but can give valuable advice as to which option may be the best for you.
What Information Do I Need to File Bankruptcy?
Typically you will need your credit reports because you want to make sure you have the information for all of your creditors. Attorneys require different information to start the bankruptcy and may have informational forms that need to be included. Some of these forms could be a list of expenses and information that includes your personal information. This is all information that is used for your bankruptcy, but knowing upfront what is needed, such as Social Security cards and numbers, can save you quite a bit of time later.
What Fees Are Involved?
There are attorneys that take bankruptcy cases pro bono and depending on your circumstances, you may only have to pay the bankruptcy filing fee. At the moment, the bankruptcy filing fee for a Chapter 7 is $299 and Chapter 13 is $274.
You may even qualify for a fee waiver with the court, which would waive the filing fee and possibly even the counseling fees.
If you do not qualify for a waiver or your bankruptcy attorney does not handle bankruptcy cases pro bono, you will want to ask what the total cost for the bankruptcy will be, including attorneys fees. Your attorney will probably have a fee agreement which details the expenses, but it is important to know the exact cost associated with your bankruptcy.
How Much of the Practice Consists of Bankruptcies?
If you have a fairly simple and standard bankruptcy, meaning credit cards and medical bills, it may not matter how many bankruptcies the attorney has worked on. Still, it is important to understand how familiar the attorney is with handling this type of case.
Are you the first bankruptcy? Are you the 20th in one week? Answering these questions can give you an idea of not only the attorney’s workload but also whether or not he or she is learning right along with you. Incidentally, if you are the first bankruptcy, you may be able to negotiate a less expensive fee agreement.
How to Contact the Attorney
As most people know, attorneys are difficult people to get a hold of and sometimes you just have a simple question. Ask the attorney if there is an email address that is answered if you do have these types of questions, that way you can just send over a quick message without taking a chance on remembering at your next meeting.
If email is not an option, ask if there is a paralegal or legal assistant you can contact that will be able to help you with some of the minor aspects of filing bankruptcy.
Who Will Attend the Creditor’s Meeting?
Having a bankruptcy lawyer does not guarantee that he or she will be the one that attends the meeting with you. Sometimes an associate may attend, or another attorney that you have not been working with. If this is the case, ask to meet with the attorney that will be at the meeting.
It is best that the person that is familiar with your case also attends, but circumstances do not always allow that. Insist however, that it is an attorney that attends the 341 Meeting, and not a legal assistant or paralegal.
There are other questions you may want to consider asking your bankruptcy lawyer but these are the basics. If you are unsure about any part of the procedure, do not be afraid to ask. Make sure you choose the attorney that you are comfortable with; the one that answers your questions, and works for your best interests.