Lawyer checks for Chapter 7 vs Chapter 13

Lawyer checks for chapter 7 vs chapter 13 start before you hand over a debt list or sign a fee agreement. This page does not rank firms, including a partner who calls you from this site. The disclosure at the top is how that introduction is paid for.

Do you need a lawyer at all?

You can file pro se. The Filing Without an Attorney page says that, and it still recommends a qualified attorney because bankruptcy has long-term financial and legal outcomes. Court employees and bankruptcy judges are prohibited from offering legal advice.

The same page lists what a lawyer can do: advise you on whether to file, under which chapter, whether debts can be discharged, whether you may keep a home or a car, the tax consequences, and whether to keep paying creditors. They can also help you complete the forms.

What to do when you can't keep up with the bills covers the work you can do before anyone else is involved, including the counseling briefing.

What a petition preparer may not do

If you file without a lawyer, you may be offered help by a non-attorney petition preparer. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

A petition preparer must sign every document they prepare, print their name, address, and Social Security number on it, and give you a copy. They cannot sign for you or receive payment of the court filing fee.

If someone is choosing a chapter for you, telling you which property is exempt, or saying a debt will be discharged, they are doing work the U.S. Courts page reserves for a lawyer.

How to find a lawyer if you cannot pay

The Filing Without an Attorney page points to the American Bar Association's Legal Help site and to Legal Services Corporation if you cannot afford a lawyer and may qualify for legal services you do not pay for. Your state or local bar can also help you find someone.

Ask for the full name of the lawyer who would appear on the petition, and the state where they are licensed. Check that license on the state bar site.

Questions to ask before you sign

Ask these on the first call, and ask for the answers in writing.

• Are you a lawyer licensed in the state where I would file, and what is your bar number?
• Have you handled Chapter 7 and Chapter 13 cases in this district?
• Which chapter are you considering for me, and what facts did you use?
• What is the court filing fee for that chapter, and do you add it to your fee or do I pay the clerk?
• What is your fee, what does it cover, and what costs sit outside it?
• Who will appear with me at the meeting of creditors?
• Will you review exemptions under this state's law before I file?
• What happens if the trustee or a creditor objects?
• Do you need six months of pay stubs and a list of debts before you talk about a chapter?

Red flags

Any one of these is a reason to slow down.

• A promise that your debts will be discharged, or that you will keep a house, before anyone has seen your schedules. The court decides those questions.
• A caller who claims to be the bankruptcy court, the Justice Department, or a government program. Chapter Fresh is not any of those, and a partner lawyer is not either.
• A petition preparer who picks a chapter, explains exemptions, or offers to appear at the meeting of creditors. The U.S. Courts page says they may only put information onto forms.
• Pressure to sign or pay today. You can download the official forms yourself at no charge.
• A request for your Social Security number, bank password, or a photo of a collection notice on this website or in a casual text. Our form never asks for those.
• Advice to hide a creditor, skip credit counseling, or omit property. Those are reasons a court can deny a discharge.
• No name for the lawyer who would file the case, or a refusal to put the fee in writing.

A worksheet for comparing people

If you talk to more than one lawyer, write their answers side by side. Print this page or copy the table.

Where a call from our partner fits

If you ask for a call on this site, a partner bankruptcy lawyer contacts you. Use the same questions and the same worksheet with that person. The call does not hire anyone, and you can say no after you talk. The ownership page and the partner disclosure explain how the introduction works.

If you are still sorting the two chapters, start with the difference between Chapter 7 and Chapter 13. If you have not taken counseling yet, credit counseling before you file is the next page.