50 Questions to Ask a Bankruptcy Attorney Before Hiring Them

Choosing the right bankruptcy attorney is a crucial step in getting the debt relief you need. Filing for bankruptcy is a legal process with long-term financial consequences, and working with an experienced, knowledgeable lawyer can make a significant difference in your case.

Before hiring an attorney, you should ask the right questions to ensure they have the experience, knowledge, and approach that best fits your needs. Here are 25 essential questions to ask a bankruptcy lawyer before deciding to work with them.

1. Experience and Qualifications

• How many bankruptcy cases have you handled?
• Do you primarily handle bankruptcy cases, or is it just a small part of your practice?
• Are you licensed to practice in my state, and are you familiar with my local bankruptcy court’s procedures?
• Are you a member of any bankruptcy-related professional organizations, such as the National Association of Consumer Bankruptcy Attorneys (NACBA)?
• How often do you handle cases like mine (e.g., Chapter 7 vs. Chapter 13, cases involving tax debt, cases with high-income earners, small business bankruptcies)?

2. Assessing Your Bankruptcy Options

• How does my household income affect my eligibility for Chapter 7 bankruptcy?
• If I am married, do both my spouse and I have to file for bankruptcy?
• Do I qualify for Chapter 7 bankruptcy, or would Chapter 13 be a better option for me?
• If I don’t qualify for Chapter 7, what are my alternatives?
• Are there any non-bankruptcy options that you recommend?
• Can you estimate what my Chapter 13 payment plan might look like (there can be good reasons why the attorney needs a lot more information before calculating the payment)?
• How does bankruptcy affect tax debt, student loans, or back child support?
• Are there any debts I have that won’t be discharged in bankruptcy?
• What recommendations do you have to deal with any of my remaining debts after bankruptcy?
• Will I lose any assets if I file, or are my assets protected by exemptions?
• What are the biggest risks in my case?
• Do you expect any issues with my case?

3. Understanding the Bankruptcy Process

• How long will the bankruptcy process take in my case?
• What should I avoid doing before filing for bankruptcy (e.g., transferring assets, taking on new debt)?
• What are the main steps in filing for bankruptcy?
• What paperwork and documentation will I need to provide?
• What happens at the 341 meeting (meeting of creditors)?
• Will I have to go to court beyond the 341 meeting?
• Are there any mandatory credit counseling or debtor education courses I need to take?
• If I recently paid back a family member or friend, will that be a problem in my case?
• What happens if a creditor challenges my bankruptcy filing?
• What is a reaffirmation agreements for car loans? Do you recommend them?
• How will bankruptcy affect my tax refunds?
• If I own a business, what will happen to it if I file for bankruptcy?
• What happens if my financial situation changes after filing for Chapter 13 bankruptcy?
• What happens if I need to move to another state after filing for Chapter 13 bankruptcy?

4. Costs and Fees

• What are your attorney fees for handling my case?
• Are there any additional court filing fees or other costs I should expect?
• Do you offer payment plans for attorney fees?
• Do I have to pay all attorney fees upfront, or can I pay over time?
• If I’m filing Chapter 13, can your fees be included in my repayment plan?

5. Post-Bankruptcy Considerations

• What happens if I inherit money or assets after filing for bankruptcy?
• How will bankruptcy affect my credit score, and how long will it stay on my credit report?
• What steps should I take to rebuild my credit after filing?
• What happens if I forget to list a debt on my bankruptcy?
• Can I keep my car and house if I continue making payments?
• Will I be able to get a car loan or mortgage after bankruptcy?
• Can I follow up with you on any issues related to my debts or my credit?
• How does bankruptcy affect co-signers on my loans?

6. Choosing the Right Attorney

• Will you personally handle my case, or will I be working mostly with paralegals or another attorney?
• How often will we communicate, and what’s the best way to reach you?
• How do you handle unexpected complications in a bankruptcy case?
• Do you handle bankruptcy adversary proceedings if a creditor files a lawsuit against me in bankruptcy court?
• Are there any risks of a trustee, creditor, or the US Trustee objecting to my bankruptcy discharge?
• Do you have experience with objections to a bankruptcy case?

Why These Questions Matter

Asking these questions helps you determine whether the bankruptcy attorney is experienced, transparent, and the right fit for your situation. A good attorney should answer all of your concerns honestly, explain the process clearly, and provide realistic expectations about what bankruptcy can and cannot do for you. During a consultation, an attorney should be able to answer a lot of these questions; with more complex situations, the attorney may need more information or may need to do a more in-depth analysis. The important thing is that you understand what the attorney is trying to accomplish.

If you’re considering bankruptcy in Virginia, our firm—Ashley F. Morgan Law, PC—has helped thousands of individuals and families navigate the bankruptcy process. We offer free consultations to discuss your options and ensure you get the debt relief you need. Making sure you get your questions answered before you decide to file bankruptcy and before you actually file is critical. These questions above are just the suggested questions to ask a bankruptcy attorney before filing; an experienced attorney should be able to answer other important questions based on your specific situation and concerns.

Contact us today to schedule a consultation and start your path toward financial freedom.