Bankruptcy Case: 10 Crucial Questions to Ask Your Bankruptcy Lawyer
For how many years have you been a bankruptcy lawyer?
Bankruptcy law is complex, and the rules change every so often, so you want to be sure that you're a lawyer is familiar with newer versions. The last thing you want is someone that's unsure of themselves, representing you. Ensure that your lawyer has no less than three years experience working as a bankruptcy lawyer.
While still on the experience matter, a lawyer that only specializes in bankruptcy is a better option. Specialization portrays passion, and someone who is passionate about their area of interest is likely to excel.
In your opinion, which chapter is the best for me to file in?
Bankruptcies are different, and each requires filing in its category. This question will go to show you that your lawyer is familiar in his/her work. For instance, if your income is less than a specified level, then you might require to file in chapter 7, whereby you must give up your property. Chapter 13, on the other hand, needs you to agree to a payment plan, and keep your property.
Could you please explain what your rates entail?
The lawyer should be open with you regarding how much the case will cost. If there are any extra costs, this is where the lawyer should be open with you. Bear in mind that it's hard to pre-determine some costs such as administrative costs. The retainer should be constant, and your attorney should state it to you at this point. The lawyer should issue you with written payment agreement that details all the items and their costs.
What is the best way to reach you?
Different attorneys prefer different types of communication, for instance, phone calls or email. Using the wrong form of communication may make it hard to access the lawyer when you need to. Your lawyer may not answer your phone call when in a courtroom but may reply to your email later in the day.
Will filing for bankruptcy be beneficial to me?
Your lawyer should explain to you how filing for bankruptcy can help you get on your feet again. Each bankruptcy case is unique, and your lawyer should thoroughly evaluate your suit before offering any advice.
When is my case likely to end?
This question is an integral part of your lawyer assessment process. A chapter 7 case should take about four months to complete, while a chapter13 case takes longer depends on the payment program's completion period.
Will you help me plan my finances after my case is over?
Planning your finances in a crucial part of recovering from your bankruptcy. Proper planning helps you improve your credit score. Ask your lawyer if financial planning is part of the lawyer fees and if not, what the rates are for the whole process. Some firms offer this as a support package while others offer it as a separate service.
Are there any risks that could crop up during my case?
Bankruptcy cases are not smooth sailing all the way through. For one, the suit will affect your credit score. You might also be at the risk of losing some of your property during the case, and you, therefore, need a lawyer that is honest with you regarding potential risks.
Will you be the one representing me in court?
Some bankruptcy lawyers serve as consultants, and you might be surprised that they don't show up during your case. If the lawyer's role is to interview you, and someone else will handle your case, ensure that you insist on a meeting with whoever will be representing you. It's paramount that the lawyer understands your litigation and the paperwork involved before your case commences.
Do you specialize in chapter 7, chapter 13 or both?
A lawyer that handles both chapter 7 and chapter 13 is the best option. A versatile attorney means that they have expertise in both areas, hence will handle your case effectively.
Filing for bankruptcy is no easy feat and can be a confusing time for you. Knowing the questions to ask your lawyer can make the whole process less complicated.