Lawyer or pro se
How do you find a bankruptcy lawyer you can trust?
To find a bankruptcy lawyer, start with sources that have no stake in selling you a service: recommendations from people you know, your state and local bar associations, lawyer referral services and, if your income is low, legal aid. Plan to talk with more than one lawyer. The first consultation is often free, though you should ask first, and the fee agreement should be in writing.1
Connect to a bankruptcy lawyerFinding names is the easy part. This guide covers where to look, what to verify, what to ask in the first meeting and the warning signs that mean you should keep looking.
General information, not legal advice. Rules and amounts change; check with a lawyer or the court before you act.
In this guide
Where should you look for a bankruptcy lawyer?
The FTC's general advice on finding a lawyer applies to bankruptcy as well.
- Ask family, friends or co-workers for recommendations.1
- Check with your state and local bar associations, and use lawyer referral services.1
- See whether you qualify for free or low-cost help. Legal aid offices help people with low and moderate incomes, and state bar associations and law school clinics offer free or low-cost help.1
- Use the resources the federal courts point to for finding a bankruptcy lawyer: the American Bar Association's legal help pages and the Legal Services Corporation.2
Be more careful with a lawyer or company that contacts you first, or that you know only from an advertisement. That is where the checks below matter most.
What does a bankruptcy lawyer actually do for you?
The federal courts list what a lawyer can do in a bankruptcy case. A lawyer can advise you on whether to file at all, which chapter to file under, whether your debts can be discharged, whether you will be able to keep your home, car or other property, the tax consequences of filing and whether to keep paying creditors. A lawyer can also explain the law and procedures and help you complete and file the forms.2
Individuals are allowed to file without a lawyer, but the federal courts strongly recommend getting advice from a qualified attorney because bankruptcy has long-term financial and legal consequences. Corporations, partnerships and LLCs generally cannot file without one.2 3 4
What should you check before the first meeting?
Confirm that the person is a licensed lawyer and that the license is active. As one example, the State Bar of California tells the public to verify the license of anyone they hire through its Attorney Search, because people sometimes impersonate lawyers.5
Then ask whether the lawyer is admitted to practice in the bankruptcy court where your case would be filed. Each federal court's own rules decide which lawyers may appear before it.6
What should you ask in the first meeting?
Give a short summary of your situation and what you want to achieve, then ask questions like these. The answers tell you about the lawyer as much as about your case.1
| Question | What to listen for |
|---|---|
| Is bankruptcy my best option, or should I try something else first?2 | A lawyer who weighs the alternatives with you, since whether to file at all is part of the advice a lawyer gives |
| Do I have to pay for this meeting?1 | The first consultation is often free, but ask before you meet |
| Which chapter would you expect to file, and why?2 | Reasons tied to your own income, property and debts, since advising on the chapter is part of the lawyer's job |
| Who will do most of the work on my case?1 | Whether it will be this lawyer, other lawyers in the firm or paralegals |
| What is the fee, and what exactly does it cover?1 | A written answer, including what happens if the case needs more work than expected |
| How long could my case take?1 | An answer based on the chapter and your court, not a promise |
| Will you be with me at the 341 meeting of creditors?7 8 | A clear answer about who will attend. You must be there and answer questions under oath from the trustee and creditors |
| What do you need from me, and by when? | A clear list of documents and dates |
How are a bankruptcy lawyer's fees agreed and checked?
Get the fee agreement in writing. Many lawyers charge a flat fee for uncomplicated services such as filing a simple bankruptcy, and a lawyer may ask for a deposit, called a retainer, before starting work. Before agreeing to a flat fee, find out exactly what it covers.1
Lawyers are required to charge reasonable fees, and in bankruptcy the court sees the fee. A debtor's attorney must file a statement of the compensation paid or agreed to be paid, and if it exceeds the reasonable value of the services the court may cancel the agreement or order the excess returned.1 9 10
One timing rule is worth knowing if you plan to pay the court's filing fee in installments. Until that fee is paid in full, you must not make any further payment to an attorney or anyone else who provides services in connection with the case.11
What are the warning signs?
A few things should make you slow down.
- A guaranteed result. An individual Chapter 7 case usually ends in a discharge, but the right to a discharge is not absolute and some types of debts are not discharged. The decisions belong to the court.7
- Pressure to pay the whole fee immediately, especially in cash, by wire or through a messaging app. Some scammers impersonate real lawyers, so contact a lawyer using the details on the state bar's website.5
- No straight answer about who will handle your case. Ask who will do most of the work and what each person charges.1
Common questions
Is the first consultation free?
Often, but not always. The FTC says to ask the lawyer before you meet whether you have to pay for their time, and the CFPB notes that some bankruptcy attorneys will speak with you initially free of charge.1 15
Do I have to hire a lawyer to file bankruptcy?
Individuals can file without an attorney, which is called filing pro se. The federal courts strongly recommend getting advice from a qualified attorney.2
Should you hold anything back from your bankruptcy lawyer?
No. The bankruptcy forms are signed under penalty of perjury, and making a false statement or concealing property in a bankruptcy case can lead to fines, prison or both. Concealing property or making a false oath can also cost you the discharge.16 17 18
What if I cannot afford a lawyer?
The federal courts say that if you are unable to afford an attorney you may qualify for free legal services, and they point to the American Bar Association's legal help pages and the Legal Services Corporation.2
What can I do if my lawyer treats me unfairly?
Talk to the lawyer first. If you cannot resolve it, or you believe the lawyer did something wrong, the FTC says you can consider filing a complaint with your state or local bar association.1
Sources
Official courts & government references- Hiring a Lawyer (FTC Consumer Advice)
- Filing Without an Attorney (uscourts.gov)
- U.S. Bankruptcy Court, C.D. Cal.: Attorney, Are All Debtors And Creditors Required To Have One?
- U.S. Bankruptcy Court, D.N.M.: Local Rule 1074-1
- Avoid Legal Services Fraud (The State Bar of California, calbar.ca.gov)
- 28 U.S. Code § 1654 (Cornell LII)
- Chapter 7 - Bankruptcy Basics (uscourts.gov)
- U.S. Trustee Program: Section 341 Meeting of Creditors (justice.gov)
- 11 U.S. Code § 329 (Cornell LII)
- Rule 2016. Compensation for Services Rendered; Reimbursing Expenses, Federal Rules of Bankruptcy Procedure (Cornell LII)
- Rule 1006. Filing Fee, Federal Rules of Bankruptcy Procedure (Cornell LII)
- 11 U.S. Code § 101(12A) (Cornell LII)
- 11 U.S. Code § 526(a) (Cornell LII)
- 11 U.S. Code § 110(a)(1) (Cornell LII)
- CFPB: What is a debt relief program and how do I know if I should use one?
- Instructions: Bankruptcy Forms for Individuals (uscourts.gov)
- 11 U.S. Code § 727(a) (Cornell LII)
- Discharge in Bankruptcy - Bankruptcy Basics (uscourts.gov)