The Right Option

• Bankruptcy may not be for everyone. A bankruptcy attorney can help a person considering bankruptcy navigate the complicated language, determine which chapter of the bankruptcy code is best and help the client determine the options. In some cases an attorney will recommend a potential client not file due to specific reasons related to their debt. There are other ways to deal with mounting debt, including direct contact and negotiation with creditors and consumer credit counseling.
  
  

Attorney Qualifications

• Selecting the right attorney is important because the U.S. Bankruptcy Code is complicated. Potential filers should ask the following questions of their potential attorneys. First, how much of their practice is devoted to bankruptcy? Some attorneys devote themselves fully to bankruptcy practice. Second, who will go to any court hearings? The answer should be the attorney, not a paralegal. Finally, ask who the attorney typically represents in these cases, debtors or creditors? These questions and others can help you select the right representation.
  
  

Support Staff

• Lawyers.com says it's important for you to know who will be working on your case. Attorneys, especially those who specialize in bankruptcy, handle many cases and enlist the help of paralegals or assistants to handle the amount of paperwork involved. When meeting with an attorney, take note as to whether the paralegal is in the meeting or not. Ask to meet any paralegals, attorneys or support staff who could be involved in the preparation of your case.
  
  

Fees

• Lawyers do not work for free, obviously, so it's important for you to know what they charge up front. Ask the attorney his hourly rate and estimated fees. In bankruptcy cases, the fees are structured, but differ due to the chapters. For instance, In Chapter 7, all fees are usually paid up front before filing. In Chapter 13, a part of the fee is paid up front and the rest is paid out of the debtor's payment plan. You should also ask your attorney if she has the ability to advance out-of-pocket costs and whether any unused fees are refundable.
  
  

Benefits and Drawbacks

• An initial meeting with an attorney is a good time to find out the pros and cons of filing for bankruptcy. A good attorney will give you both sides of the coin. On the plus side, the debtor receives protection from the federal government and either has debts discharged or set up in a payment plan. On the negative side, the debtor will see the bankruptcy on their credit for up to 10 years and could lose some property. An attorney can help you determine what you have to gain or lose, so be sure to ask.