Questions Your Bankruptcy Lawyer Should Answer

When looking for a bankruptcy lawyer, the most important consideration is finding someone who will be up front and honest with you. People don’t tend to lump the words “honesty” and “lawyer” together very often, but this is a stereotype that is long past its expiration date. The truth is that there are as many honest attorneys out there as there are honest doctors or firemen. The key is to find them and the best way to do that is to ask some pointed questions during an initial consultation. These questions can help you determine if you’ve found the best possible representation.

What are the benefits?
This is an important question to ask both yourself and a bankruptcy lawyer before you move forward with filing. You need to determine which Chapter you’re going to file for and what the benefits are of doing that. Many people go into filing with the wrong idea of what they can and cannot do. For instance, student loans and back taxes are not going to be discharged in most cases. Make sure you know what you can do to get back on solid financial ground and don’t be afraid to ask your attorney to enlighten you if you don’t already know.

What are the negatives?
Any bankruptcy lawyer should be up front with their clients about the negative aspects of filing. While many people find themselves with no other choice, they should go into the process with their eyes wide open. Filing will mean taking a huge hit to your credit report and you should be prepared to go on a permanent cash lifestyle for the next seven years. At the same time, if you default on your loans and wind up in court over it, the same thing will happen, so many times it’s a wash.

What about court?
You want to be assured that you’ll have your bankruptcy lawyer with you when your hearing comes up. Some firms like to send a paralegal or another representative with their clients for the big day. You shouldn’t settle for this answer. If the firm is too busy to send an attorney with you to court then they’re too busy to handle your case properly. Find another firm that isn’t—it won’t be difficult.

What are your fees?
Don’t walk out of your initial consultation without understanding exactly what you’re looking at in terms of fees. Many people wind up in over their heads in legal fees because they didn’t understand what it was they were signing up for. If you have any questions at all concerning the amounts, the types, or the times, you need to clear these up before you sign a single thing. You’re trying to get out of financial trouble, not create more for yourself.