Fankhauser Bankruptcy Law

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How to Prepare for Your First Meeting with a Bankruptcy Attorney 

Filing for bankruptcy is a serious decision, one that comes with its share of stress and uncertainty. By the time you've scheduled your first consultation with a bankruptcy attorney, you may be overwhelmed by your financial situation and unsure about what to expect. Preparing adequately for this initial meeting can significantly alleviate your concerns and help you make the most of the consultation. In this blog post, we'll discuss a step-by-step guide on how to make the most out of your first encounter with your bankruptcy attorney.

Why The First Meeting Matters

The initial consultation is crucial for both you and the attorney. It sets the groundwork for the entire bankruptcy process, and you get to evaluate whether the attorney is the right fit for you. Conversely, the attorney assesses the intricacies of your financial situation to offer qualified advice.

Be prepared to discuss

Undoubtedly, you will have several questions for your attorney, but before those questions can be answered, it’s important for the attorney to get an overview of your situation. A bankruptcy attorney will want to discuss your income, debt, property, and some transaction types before advising you on your options and your proper course.

Compiling the necessary information is essential for a productive meeting. Here's a checklist of what you should be prepared to discuss:

  • Income: This will usually require gathering pay stubs, tax returns, and any other proof of income for at least the last six months. Your attorney should be able to get an idea of what your options are based off estimated income amount, but it is critical to understand that your attorney will need exact income amounts before filing your Bankruptcy case.

  • Assets: Home, car, retirement accounts, and other significant assets. A good bankruptcy attorney will have a list of questions to help insure you don’t accidentally forget about something. Thinking about these things and understanding their value before the first meeting will help you and your attorney determine your appropriate path.

  • Debts: A comprehensive list of all your debts, including creditor information, amount owed, and interest rates (for secured debts like car loans and mortgages).

  • Monthly Expenses: A detailed list of your monthly expenses, such as rent/mortgage, utilities, food, and insurance

Questions to Ask

Your first meeting is an opportunity to get critical questions answered. Prepare a list of questions like:

  • What chapter of bankruptcy should I file, Chapter 7 or Chapter 13?

  • What will the total cost be, including legal fees and court costs?

  • What is the timeline for my bankruptcy case?

  • How will this affect my credit score?

Key Takeaways from the Meeting

At the end of the consultation, you should clearly understand:

  • The type of bankruptcy you're likely to file.

  • The approximate costs and timeline.

  • What the next steps are.

After the Meeting

Your attorney will likely give you a list of tasks and documents to gather. The sooner you provide these, the quicker your case will progress.

Remember, the goal is to come out of the first meeting feeling informed and confident about your decision. While the situation may seem dire now, bankruptcy is a legal tool designed to offer a fresh financial start.