Bankruptcy lawyer: what to know

What the job involves, what changes the price, and what to ask a pro.

What bankruptcy lawyer is

A bankruptcy lawyer provides information about debt relief through the court system and may represent a person or business in filing. People look for one when debts, collection calls or lawsuits feel unmanageable. General information, not advice or a promised result.

Signs you need it

  • Collection calls, letters or lawsuits keep arriving and you cannot keep up with the payments
  • You are using credit cards or loans to pay other debts
  • Your wages or bank account are at risk of being taken by a creditor
  • A foreclosure, repossession or utility shutoff notice has arrived
  • Medical bills or a lost job have left you with debt you cannot pay
  • You are a business owner with debts tied to the company that you personally guaranteed

What the pro does

  • Review your income, debts, assets, recent transfers and any pending lawsuits
  • Explain the different types of bankruptcy filings and which general categories may be worth considering
  • Collect pay records, tax returns, account statements and a list of creditors
  • Prepare the petition, schedules and required forms for filing
  • Attend the creditors meeting with you and answer procedural questions
  • Explain what happens after filing, such as the pause on most collection actions and any required courses

What changes the price

Every job is different, so we do not publish prices. These are the things that move the quote up or down.

  • Which type of filing is being considered
  • The number of creditors and the complexity of debts
  • Whether you own a home, vehicle or business
  • Whether a foreclosure or lawsuit is already underway
  • How organized your financial records are
  • Whether the filing is for an individual, a couple or a company
  • Whether any creditor objects or the case becomes contested

What a written quote should spell out

  • What the fee covers: consultation, petition, meeting attendance and follow up
  • Court filing fees and course fees billed separately
  • What happens if a creditor challenges the filing
  • Whether the lawyer will respond to creditor calls and letters after filing
  • Documents you must provide and the deadlines for them

Questions to ask before you hire

  • Which filing types do you handle, and how do you decide which to discuss with me?
  • Will I keep my home and car, and how do you explain what happens to them in general terms?
  • Which of my documents do you need before filing?
  • What do I do about creditor calls and lawsuits while we prepare?
  • How does a filing generally affect my credit, and for how long?
  • Who will attend the creditors meeting with me?
  • What happens if I miss a required course or deadline?

Red flags

  • A lawyer who promises that all your debts will be erased
  • Advice to hide assets or transfer property before filing
  • Pressure to file immediately without reviewing your records
  • A preparer who is not a lawyer but offers to give you legal advice about which chapter to file
  • No written explanation of costs

What you can do yourself

You can list your creditors, debts, income and assets, and collect recent pay stubs, tax returns and account statements. You may also be able to take any required credit counseling course through an approved provider. Speak with a licensed bankruptcy attorney before filing, since mistakes in forms or disclosure can have serious consequences.

Licenses and permits

Bankruptcy lawyers must be licensed attorneys in good standing and permitted to practice in the court where the case is filed. Check their license with the state bar.

Bankruptcy lawyer questions

Will bankruptcy erase all my debts?

Not necessarily. Some debts are treated differently. A licensed attorney can explain what applies in your case, and no result is promised.

Will I lose my home or car?

It depends on the type of filing, your state's rules and your situation. Ask a licensed attorney to review your specific facts.

Do I stop getting collection calls after I file?

Filing generally pauses most collection actions, but there are exceptions. Your attorney can explain.

Can I file without a lawyer?

People can file on their own, but the forms are detailed. Speak with a licensed attorney first.

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