7 Questions to Ask A Chapter 7 Bankruptcy Attorney

Filing for Chapter 7 bankruptcy can be a frightening and confusing process. If you choose to meet with an attorney, the following are some questions you should consider asking:

1. What is Chapter 7 bankruptcy? How does it differ from other types of bankruptcy? If an attorney cannot explain to you what Chapter 7 bankruptcy is in simple terms, consider hiring another attorney. Chapter 7 bankruptcy can be complicated. It’s important that you have an attorney who can explain the procedure to you in a way you understand. An attorney who is unable to talk to you in plain terms may not be the right attorney for you.

2. Do you practice bankruptcy exclusively? If not, what percentage of your practice is devoted to bankruptcy? Bankruptcy is a special area of law with confusing rules that often change. An attorney who spends a good portion of his time working on bankruptcy cases is far more likely to be in touch with the current law than an attorney who only handles bankruptcy cases once in a while. If you are satisfied that your attorney is knowledgeable about the law, stop there. Asking an attorney where he finished in his law school class or if you can see his resume is considered bad form.

3. What is included in your attorney fees? Some attorneys will quote you a low rate to handle your bankruptcy, but will charge you extra for filing fees, going to court, and attending the meeting of creditors. Ask your attorney for a statement of his fees up front to avoid being surprised by additional charges.

4. Will you accept payment in installments? Most attorneys understand that, if you’re going through a bankruptcy, you’re probably strapped for cash. Many will allow you to pay their fees on a payment plan. However, don’t expect your bankruptcy case to be completed until all your attorney’s fees have been paid.

5. How long should my bankruptcy take? An uncomplicated Chapter 7 bankruptcy should take between 3 and 6 months. If your attorney says it will take longer, he may be overwhelmed with clients. Ask if the delay is due to the court docket or his client schedule.

6. Can you explain the Chapter 7 bankruptcy process to me? An experienced and practiced attorney should be able to briefly sum up Chapter 7 bankruptcy procedure off the top of his head. If he has to look up the procedure or asks if he can get back to you, take it as a sign that he doesn’t have much experience in Chapter 7 bankruptcy proceedings.

7. How can I get in touch with you? A good attorney is in regular contact with his clients. If an attorney doesn’t readily give you an office number or email address where he can be reached, look elsewhere for a bankruptcy attorney.

If you're experiencing financial difficulties and are interested in learning more about filing Chapter 7 bankruptcy in New York, please call me - Jay S. Fleischman.  I am a New York bankruptcy lawyer with over a decade of experience helping people from all over New York State.

I’m a member of the National Association of Consumer Bankruptcy Attorneys as well as of the National Association of Consumer Advocates. I’ve been the New York State co-Chairperson for NACBA for over two years.

In addition, I’m a co-founder and current President of the Bankruptcy Law Network.

Visit my site at www.NewYorkBankruptcyHelp.com or call 1-800-235-2203 to set up a free, no-obligation phone consultation.