The most useful questions to ask a bankruptcy attorney cover four things: which chapter fits your income, what property you can protect, who will actually handle your case, and what happens if something goes wrong. Asking them at the first meeting helps you compare lawyers on substance, not on sales talk, before you sign anything.
If you would rather work through these questions with us directly, call (415) 754-0115 to schedule your free consultation, or send a message through the contact page. Bring this list with you.
Questions about whether bankruptcy fits at all
A good attorney will not assume bankruptcy is the answer. Start by asking whether it is the right tool for your debts and goals.
- Based on my debts, is bankruptcy worth considering now, or are there other options first?
- Would debt settlement, a loan modification or an IRS payment arrangement address the problem instead?
- Which of my debts would bankruptcy not wipe out, such as recent taxes, support obligations or most student loans?
- Is there a reason to file quickly, such as a garnishment, lawsuit or foreclosure sale date, or a reason to wait?
The answer to the timing question can matter as much as the choice to file. Recent large purchases, a pending tax refund or an expected inheritance can all affect when a case is filed.
Questions about Chapter 7 versus Chapter 13
Ask the attorney to explain, using your numbers, why one chapter fits better than the other. Our overview of Chapter 7 vs Chapter 13 bankruptcy covers the basics, but your income and assets decide the real answer.
On the means test
Ask whether your household income passes the means test for Chapter 7, which six-month period the attorney is using, and whether a change in income, such as a job loss, could change the result.
On a Chapter 13 plan
If Chapter 13 is suggested, ask how the plan payment would be calculated, whether the plan would last three or five years, and what happens if your income drops during the plan. Ask how mortgage or car arrears would be handled inside the plan.
Questions about your home, car and savings
This is often the part of the conversation that matters most to people. California lets filers choose between two sets of exemptions, and the right choice depends on what you own. Our article on bankruptcy exemptions in California describes them in general terms.
- Which exemption system would you use for me, and why?
- Is any of my home equity at risk in Chapter 7?
- Can I keep my car, and would I need to sign a reaffirmation agreement?
- Are my retirement accounts protected?
- What happens to money in my bank account on the day I file?
A follow-up worth asking
If the attorney says something is protected, ask what would need to be true for that to change. A clear answer shows the lawyer has thought through your specific facts rather than giving a general reassurance.
Questions to ask a bankruptcy attorney about the firm itself
Experience and attention are hard to judge from a website. These questions help:
- Will you personally prepare and review my petition, or will it be handled by staff?
- Who will attend the 341 meeting of creditors with me?
- How do I reach you with questions, and who answers?
- How often do you file cases in the Northern District of California?
- What is included in your representation, and what would be handled separately, such as an adversary proceeding or a motion for relief from stay?
At The Somal Law Firm, clients work directly with attorney Bob Somal, whose practice areas include Chapter 7, Chapter 13, foreclosure defense, debt settlement and IRS disputes. That range matters when a bankruptcy case overlaps with a mortgage problem or tax debt. You can read more about the firm before you meet.
Questions about the process and timeline
Knowing what comes next reduces stress. Ask the attorney to walk through the steps:
- What documents do you need from me, and by when?
- When would my case likely be filed?
- When does the automatic stay start, and what does it stop?
- When is the meeting of creditors, and what will the trustee ask?
- When could I expect a discharge, and what do I need to do after it?
Also ask about the two required courses: credit counseling before filing and a debtor education course after filing. Missing the second one can delay or prevent a discharge.
Warning signs to listen for
The answers you get are as revealing as the questions. Be cautious if an attorney or company:
- Promises a particular outcome or says nothing can go wrong
- Pushes you to file before reviewing your documents
- Suggests leaving a debt, account or transfer off the forms
- Recommends running up credit cards or moving property before filing
- Cannot explain clearly who will handle your case
An honest attorney will tell you about risks as well as benefits, and will be comfortable saying when bankruptcy is not the right fit.
Frequently asked questions
How many attorneys should I talk to?
There is no set number. Many people speak with more than one before deciding, and a consultation is a good way to see how clearly an attorney explains your options.
Should I bring documents to the first meeting?
Bringing recent pay stubs, a list of debts and any lawsuit or collection notices lets the attorney give more specific answers. It is fine to start with what you have.
Is what I tell a bankruptcy attorney confidential?
Communications with an attorney for the purpose of getting legal advice are generally protected by attorney-client privilege, even at a first consultation. Being fully candid helps the attorney spot problems early.
Can I ask about alternatives to bankruptcy?
Yes. A consultation can cover debt settlement, foreclosure options or tax relief when those fit better, and an attorney can review your situation and explain the tradeoffs.
To ask these questions in person, call (415) 754-0115 to schedule your free consultation with The Somal Law Firm, serving Pleasanton, Dublin, Livermore, San Ramon, Danville and the wider East Bay. You can also use our contact page. Bob Somal will listen to your situation, answer your questions in plain language and explain the options that may fit.
Attorney Advertising. This article is general legal information for Bay Area residents, not legal advice, and does not create an attorney–client relationship. Every situation is different — please consult a licensed attorney about your specific circumstances.