Meeting With A Bankruptcy Attorney? What Questions Will My Bankruptcy Lawyer Ask?

SUMMARY: Meeting With A Bankruptcy Attorney? What Questions Will My Bankruptcy Lawyer Ask?

I’ve had many clients confess, part way through the bankruptcy process, that they were extremely nervous prior to our initial consultation. To their own detriment, I believe that several even postponed filing because of this anxiety. I have to say that my feelings were just a little hurt when I realized that many people have a sort of attorney-phobia. Come on, it’s not like I am a dentist! (Ok, low blow – I apologize to all dentists out there).

If you ask any long term clients, you will find that this fear is quickly diminished. One of my top priorities is creating a comfortable and relaxed environment for my bankruptcy clients. However in hopes of appeasing future clients that haven’t yet gotten to know me, I have provided a list of questions I may ask during our initial consultation. See? It isn’t so bad:

Have you lived in California for longer than 2 consecutive years? Are you currently a U.S. citizen?

Have you ever filed for bankruptcy before? What was the date it was filed? Do you understand that 8 years must pass from the date of your past chapter 7 filing before you can file again?

Can you estimate your current debt amount? Assets? Do you know the approximate proportion of secured vs. unsecured?

Do you own your home? What is the current mortgage balance? What is the estimated value? Do you understand that the Arizona chapter 7 bankruptcy housing exemption is $150,000?

Do you regularly file taxes? Are you currently owed a refund from the state or federal government? Do you understand that tax refunds are generally not exempt when filing bankruptcy in Arizona?

Do you currently own a car? Do you own several cars? What is the equity in said cars? Do you understand that the California chapter 7 bankruptcy automobile exemption is?

Are you filing bankruptcy to discharge student loans, alimony payments, or child support payments?

Advertisements

4 Responses to “Meeting With A Bankruptcy Attorney? What Questions Will My Bankruptcy Lawyer Ask?”

  1. Mawarku November 15, 2010 at 8:26 pm #

    How much does it cost to file a Consumer Chapter 11 and to challenge the validity of the secured mortgages and its ownership? If MERS was involved, what is the chance of the secured mortgages become to be unsecured due to the chain of title?

    Thank you.

    • Bruce November 21, 2010 at 12:59 pm #

      When defending against foreclosure, along with discharging substantial c/c and judgement debt, what are the benifits of chapter 13 BK vs chapter 11 vs chapter 7?

      • Jenna LaFleur November 12, 2011 at 7:06 am #

        As I understand it, Chapter 13 protects your home from sale, Chapter 11 is for businesses, and Chapter 7 doesn’t protect your home. Go to your local banktupcy court site “i.e., Boston bankruptcy court,” or a close big city to you, etc., and there is a lot of informatiion there.

    • Jenna LaFleur November 12, 2011 at 7:02 am #

      If you go on the internet and type in your main city “Phoenix bankruptcy court” it will take you to the court site where there is a lot of information re costs, some Pro Se help. If you know MERS is involved, it means your home was sold to a trust(s) and it is NOT a secured loan anymore. Trusts can have 300 to 10,000 people who might own a portion of your home, so they would all have to come forward and prove who, how much, owns your home.
      You, like I, probably need a lawyer. It is very complex.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: