6 Questions to Ask a Bankruptcy Attorney Before Hiring Them

By Wendy M. Mead, Attorney | January 21, 2026

Understanding the intricacies of bankruptcy law is crucial when you're considering filing for bankruptcy. Hiring the right attorney can make a meaningful difference in how smoothly the process unfolds and how confident you feel along the way. Bankruptcy is not just a legal procedure; it's a financial turning point that can affect your credit, assets, and future opportunities for years to come.


Filing for bankruptcy can feel overwhelming, especially when you're already dealing with financial stress. The decisions you make early in the process—particularly who you choose to represent you—can shape your overall experience and outcome. A qualified bankruptcy lawyer should do more than file paperwork. They should help you understand your options, anticipate challenges, and make strategic decisions aligned with your long-term goals.


The following questions are designed to help you evaluate potential attorneys thoroughly. By asking the right questions before hiring, you can move forward with greater clarity, confidence, and control as you begin your path toward financial recovery.


1. What Is Your Experience With Bankruptcy Cases?

When assessing a bankruptcy lawyer's experience, it's important to look beyond general legal practice and focus specifically on bankruptcy law. An attorney with extensive experience in this field is more likely to understand procedural requirements, court expectations, and common challenges that arise during filings. Ask how long they have practiced bankruptcy law and whether it is a primary focus of their work.


It's also helpful to ask about the number of bankruptcy cases they've handled and the types of cases they routinely manage. Bankruptcy law includes multiple chapters, such as Chapter 7, Chapter 11, and Chapter 13, each with different requirements and outcomes. An attorney experienced in the specific chapter you're considering will be better prepared to guide you through the process effectively.


Experience also includes exposure to a wide range of financial situations. Attorneys who have worked with clients facing similar challenges, such as medical debt, business-related debt, or foreclosure risk, can offer insights that are directly relevant to your circumstances. Some may share anonymized examples or general strategies they've used in comparable cases.


Client reviews, testimonials, or referrals can further help you evaluate experience. Past clients often highlight communication style, responsiveness, and overall satisfaction. Staying current is equally important. Bankruptcy laws and court procedures can evolve, and an attorney who keeps up with changes is better equipped to protect your interests. According to Reuters, U.S. bankruptcy filings surged by 18% in 2023, underscoring the importance of choosing an attorney who regularly handles active cases and understands current court dynamics.


2. What Are Your Fees and Payment Plans?

Understanding how a bankruptcy lawyer structures their fees is essential before moving forward. Ask whether there is a consultation fee and what services are included in that initial meeting. Some attorneys offer free consultations, while others charge for their time up front.


Clarify whether the attorney charges a flat fee or bills hourly. Flat fees are common in bankruptcy cases and can provide predictability, while hourly billing may apply in more complex situations. Make sure you understand what the quoted fee covers and whether additional costs, such as filing fees, credit counseling courses, or document preparation, are included.


Payment flexibility is especially important when finances are tight. Many bankruptcy lawyers offer payment plans or installment options to make services more accessible. Ask about deadlines, payment schedules, and whether services begin before full payment is made.


Transparency matters. A reputable attorney should be willing to explain their fee structure clearly and provide written documentation. Understanding costs upfront allows you to plan responsibly and avoid surprises. With the rise in bankruptcy filings reported by Reuters, fee structures and payment accommodations have become an increasingly important consideration for many clients.


3. How Will You Keep Me Informed About My Case?

Clear and consistent communication can significantly reduce stress during the bankruptcy process. Ask how the attorney prefers to communicate and whether they accommodate your preferred method, such as email, phone calls, or scheduled meetings.


It's also important to understand how often you'll receive updates. Regular communication helps you stay informed about deadlines, court dates, and next steps. Clarify who your main point of contact will be, especially if the attorney works with paralegals or support staff.


Ask whether the firm provides access to online portals or shared systems where you can view documents and updates. Having easy access to your case information can improve transparency and help you feel more involved.


As bankruptcy caseloads increase nationwide, communication systems play a bigger role in maintaining client confidence. An attorney who prioritizes accessibility and responsiveness can make the process feel far more manageable.


4. What Are the Possible Outcomes and Risks of My Case?

Every bankruptcy case comes with potential benefits and risks. A qualified attorney should be able to explain realistic outcomes based on your financial situation. Ask what results are most likely in your case and what factors could influence those outcomes.


Understanding risks is equally important. Bankruptcy can affect credit scores, borrowing ability, and certain professional opportunities. Your attorney should explain how long these impacts typically last and what steps can be taken to rebuild financial standing afterward.


Ask about alternatives to bankruptcy as well. In some cases, debt settlement, repayment plans, or other financial strategies may be viable options. An attorney who discusses alternatives demonstrates a commitment to finding the most appropriate solution, not just the most common one.


Given the increased filing rates noted by Reuters, understanding both risks and benefits is essential. Informed clients are better prepared to make decisions that align with their long-term financial goals.


5. How Will You Tailor Your Approach to My Specific Situation?

Bankruptcy is not a one-size-fits-all process. Your attorney should take time to understand your income, debts, assets, and future plans before recommending a strategy. Ask how they personalize their approach and what information they consider when developing a case plan.


A tailored strategy may influence which chapter to file, how assets are protected, and how creditor negotiations are handled. Flexibility is important, as circumstances can change during the process.


With increased bankruptcy filings nationwide, it's important to confirm that your attorney has the capacity to provide individualized attention. Personalized representation helps confirm that your case receives the focus it deserves.


6. What Will Be the Time Frame for My Case?

Understanding how long your bankruptcy case may take helps set realistic expectations. Ask for a general timeline based on the chapter you're considering. Chapter 7 cases are often completed in a few months, while Chapter 13 cases can last several years.


Ask about factors that could affect timing, such as court backlogs, document requirements, or creditor objections. Understanding the stages of the process—from filing to discharge—can make the journey feel more structured and predictable.


Inquire about potential delays and how the attorney manages them. Given the rise in filings, court schedules may be busier than usual. An experienced attorney should be able to navigate these challenges efficiently and keep you informed along the way.


Choosing the right bankruptcy lawyer plays a critical role in how effectively you move through the bankruptcy process and begin rebuilding your financial future. By asking these essential questions, you gain insight into an attorney's experience, communication style, transparency, and commitment to personalized service.


The right attorney provides more than legal representation—they offer guidance, clarity, and reassurance during a challenging time. With the right information and the right professional support, you can approach bankruptcy as a strategic step forward rather than a setback. Equipped with these questions, you'll be better prepared to make a confident decision and move toward financial stability with greater peace of mind. To achieve all of these goals, please reach out to Attorney Mead and her staff at www.meadlawoffice.com or (508) 751-0200. We offer a free consultation by Zoom, telephone, or in our office!

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