Asking Your Bankruptcy Attorney the Important Questions

If you have reached the end of your rope and need a way out of debt, hiring a bankruptcy attorney may be your best decision. At the very least, you should set up an initial consultation (often provided for free), where you will have the chance to ask questions and have your case reviewed by a legal expert. However, this consultation can easily be squandered if you don't know what questions to ask. Take advantage of this opportunity by knowing where to steer the conversation. Get the information you need by asking your lawyer the right things.

Is this your primary field?
Lawyers are a diverse bunch. Some lawyers practice more general law, while others prefer to specialize. Find out which kind of attorney you're talking to. Is this just a small part of their overall practice? Is the client after you another person drowning in debt, or a couple looking for a divorce? While there's nothing wrong with handling a diverse caseload, it can be used to give a false sense of experience. It pays to know what you're dealing with.

What is my best option?
A bankruptcy attorney should be willing to guide their client in a different direction if the facts call for it. Filing for Chapter 7 or Chapter 13 isn't always the right path. If there are alternative options that can keep your credit in good standing, they should be explored. If you won't qualify for filing, and this is blatantly obvious, your lawyer should be willing to tell you this up front. Look for a lawyer who will be open and frank with you, even if the advice he gives you won't necessarily make him any money.

What are the benefits?
A bankruptcy attorney should be able to give you a concise layout of the ways filing for Chapter 7 or Chapter 13 will benefit you. While he shouldn't be interested in "selling" you on the process, he should be open about what you can expect to gain. He should be equally honest, however, about what you can expect to lose. For many, filing has very few drawbacks. Their credit is already ruined through late payments and possible defaults and they have no assets that can be liquidated. Others, though, may find filing a very tough decision due to the drawbacks. It's important that you understand exactly what you're in for before moving forward. Find a lawyer who will look at your case and offer you advice on what you can expect.