Bankruptcy consultation: what to expect from your bankruptcy lawyer

Being in debt is stressful enough without having to bare your soul to a stranger. However, that is exactly what you need to do to make your initial bankruptcy consultation a productive one. Different attorneys do things their own way, but there is usually a pattern to the first meeting.

If you’re meeting with a bankruptcy attorney who believes in providing information to their clients rather than just submitting to consultations, you can be relatively certain that your initial bankruptcy consultation will follow these steps:

Form filling: Your attorney will ask you to fill in some basic information about who you are, where you live, and other identifiers. This is important so the attorney can verify your eligibility to file bankruptcy, as well as where your case can be filed.

You will usually also have a short questionnaire (in my office we use a 6 page document with mostly Yes/No check boxes) to give the attorney a good idea of ​​your debts and property. This will help guide the conversation with the attorney.

Get organized: Some law firms will ask you to meet with a paralegal or case processor, others will ask you to go directly to the attorney. If you are going to meet with a paralegal or case processor, you will most likely provide documents so they can arrange for you to meet with the attorney.

Meeting with the lawyer: The paralegal or case processor is not legally authorized to give you advice; that’s why they have lawyers running these places. If your initial bankruptcy consultation does not involve a face-to-face meeting with the attorney, you should immediately run in the other direction and never look back.

Reviewing your situation and examining options: This is when the lawyer tears apart your problem and finds out what your best and worst options are to make things better. This is your opportunity to ask questions and request clarification of the answers. Take all the time you need: it’s his life, so you need to feel comfortable.

Make the commitment to put an end to your billing problems: Now is the moment of truth: do you want to get out of debt or are you going to continue sinking into the black hole? Do you want to be in control of your life or do you want to keep running away from phone calls and collection letters?

If you want to put an end to your billing problems and assume that bankruptcy is an option for you, then you should review the retainer agreement with your attorney. Make sure you understand the fee structure and what he or she will and will not do for you before you sign – this is your life and you need to protect it.

Ask questions, read every line, and don’t take anything for granted. Once you’ve retained your attorney and committed to living a life free of back bills, you can rest easy knowing you’ve done the right thing for yourself and your future.

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