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10 Questions to Ask Your Bankruptcy Attorney

— November 2, 2020

During the bankruptcy, your attorney should be there for you all the time, whenever you have any doubts or questions, or you might need some consultations as you go through the process.

Many people around the world are embarrassed or nervous while discussing their financial status while going through bankruptcy. They do not open up about their circumstances and feel a little shy as bankruptcy can make people elicit from their own emotions. Those going through bankruptcy need lawyers who can make them comfortable and help them with the right guidance for solving their case. With the word “Bankruptcy,” people start imagining the adverse outcomes and situations in-depth. On the other hand, they forget about the real reason behind bankruptcy because it protects the creditors and provides relief from a few debt obligations.

Bankruptcy lawyers understand these difficult times and are aware that this can be very emotional. These lawyers know that most of these bankruptcy situations are caused by many reasons that others cannot control, like job loss, medical issues, and financial issues.

They are not here to judge or blame you. On the contrary, bankruptcy attorneys are always here to help you get out of these problems by providing right solutions. They give their time and effort to work with you to provide the solution according to your situation, be it bankruptcy or credit counseling or debt settlement. The right and experienced bankruptcy attorney can help you with any financial problem and assist you through the difficulties of the paperwork, bankruptcy filing, decision making, and the procedure as a whole. 

As you file the bankruptcy petition, there are several procedures one has to go through. To ensure that the whole case is in your interest, you need to have an attorney with the best experience and knowledge of all the local court procedures because the court’s hearings can be the most influential on your case. During the bankruptcy filing procedure, your attorney will gather and draw up all the essential documents and paperwork required about your finances; including assets, income, debts, and expenses. After the documentation is done and submitted, the bankruptcy is in motion, and your lawyer makes sure to take care of all processes and responding before the deadlines. The bankruptcy attorney is always there to counsel and help you consider all of your options during the process to determine what is right for you. 

Bankruptcy is a critical situation. It requires your attorney to analyze and examine the size of your case and your debts, assets that you might be willing to lose in bankruptcy, and the main thing, your ability to pay your part without facing the further consequences. A good bankruptcy lawyer should give you some peace of mind, and you should trust him with all the procedures as he represents your case. The top priority of your attorney is to protect your assets from debt collectors and find a way to free you from bankruptcy and financial problems. While hiring or choosing an attorney, you also have to clear your doubts and ask all the questions you have during the consultation, so be prepared. Here are some questions that you should ask and discuss during your first consultation with the bankruptcy attorney:

Woman seated at desk in office, second woman standing near desk; image by August de Richelieu, via
Woman seated at desk in office, second woman standing near desk; image by August de Richelieu, via

1. Is filing for bankruptcy beneficial for me?

A professional lawyer will recommend other options too, different courses of options you can opt according to your cases’ situation. The attorney will tell you about your situation and the consequences you might face during the process. They should be more understandable and rational with the consultation they provide and have to be convincing.  

2. What are the pros and cons of filing for bankruptcy in my case? 

The attorney should offer you a realistic image of your case. They should be able to identify your case’s advantages and disadvantages while considering filing for bankruptcy. 

3. Which type of bankruptcy is best for me, Chapter 7 or Chapter 13?

There are two types of bankruptcies for individuals, Chapter 7 and Chapter 13. The attorney should be able to tell you the differences between them and suggesting to you which one is most suitable for your case. 

4. What documents and information does an attorney require for my case?

The right attorney will ask for specific information before the process. He will come up with all the documentation on his own and give you a detailed list of all the information and documents you need to provide him.

5. During the hearing, will you attend court with me?

During the hearing in court it can be very stressful. Make sure that your lawyer will always attend court with you to advocate you through the whole procedure. Ask them to accompany you as they will represent your case. 

6. How much experience do you have in bankruptcy law and have you dealt with the same kind of case?

Learn about your attorney. Ask them about their experience, and see if they have dealt with any same case as yours. Know how long they have been dealing with bankruptcy cases so that you can trust them.

7. How much time is the whole process going to take?

One of the points to keep in mind is how much time your case can take; the attorney should be able to tell a rough timeframe. 

8. What are your fees and will you use a written fee agreement?

A crucial factor is a clarity about the money required to file through an attorney as it depends on the type and complexity of the case. According to your case, the lawyer should tell you what situations might lead to higher fees.

9. Are there any alternatives for my situation or bankruptcy is my only option?

Some cases may be similar, but that doesn’t mean they are the same. After discussing your financial situation, your attorney should give the best suggestions and makes sure to discuss alternative options.

10. How much will the entire process cost me?

Before ending the discussion, remember to ask about other expenses too. Ask your attorney to tell how much the whole process of bankruptcy can cost, as this includes the filling costs, attorney fees, and other administrative expenses. 

During the bankruptcy, your attorney should be there for you all the time, whenever you have any doubts or questions, or you might need some consultations as you go through the process. The bankruptcy is challenging and gives you a hard time. It’s a confusing and complicated experience, but having an excellent professional, skilled, and experienced attorney can bring a lot of ease and clarity to your case and help you get the comfort and surety to gain back your financial footing. Being in this situation is very difficult, but the right bankruptcy attorney can make the whole process a little less complicated. If you have found yourself in a situation like this and if you’re facing any financial difficulties, you are not alone. We at Kelsall Legal Solutions are here to help you and solve your case in the best way possible. 

As we offer our services in many California locations, including Carlsbad, Oceanside, Laguna Hills, Murrieta, and Temecula. If you are in a position where you are considering filing bankruptcy please feel free to contact us. To give you the best consultation, we examine your entire financial situation and your case to be back on track in no time. Don’t face all uncertainties alone, as it’s never too late or early to file for bankruptcy. We are here to offer you various other options that fit your case, so to contact our team, visit us at

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