How to Find a Bankruptcy Attorney
If your bills have piled up — medical costs, maxed-out credit cards, or the threat of foreclosure — filing for bankruptcy can feel like your only option. It can also feel like one more expense you can’t afford. But if you’re going to file, hiring a bankruptcy attorney is often the smartest money move you can make.
Bankruptcy is federal, technical, and deadline-driven. A missed form or a missed meeting can delay your case or even get it dismissed. A good lawyer helps you pick the right type of bankruptcy, protect what you can keep and steer you through the paperwork and court calendar so you don’t make costly mistakes.
Do you have to hire a lawyer?
No. A lawyer is not required to file for bankruptcy. You have the right to "pro se" representation, meaning you'll represent yourself during the court proceedings, and you can find plenty of resources that explain how to file for bankruptcy. But bankruptcy law is complicated. Judges, trustees and court clerks can’t give you legal advice, and bankruptcy requires accurate, timely filings plus court hearings you’ll want to be prepared for. Studies and reporting generally show that people who go it alone are less likely to get a full discharge than those who hire counsel. In short: you don’t have to hire an attorney, but you very likely should.
What a bankruptcy lawyer actually does for you
A bankruptcy lawyer will:
- Explain which chapter — usually Chapter 7 or Chapter 13 for most individuals — fits your situation and why.
- Advise whether you can keep your home, your car, or other property.
- Help you prepare and file the petition and the long list of required forms.
- Represent you at the 341 “meeting of creditors,” where a trustee questions you under oath. Missing that meeting can jeopardize your case.
- Enforce the automatic stay, the court order that generally stops most collection efforts as soon as you file. If a creditor ignores the stay, your lawyer can ask the court to sanction them.
- Draft and negotiate a Chapter 13 repayment plan if that’s your route, or handle issues that arise after filing.
Where to look for a bankruptcy attorney
Start with people and organizations that have your best interests in mind:
- Friends and family. Personal referrals give you a sense of how a lawyer treats clients and whether they get results.
- State and local bar referral services. These services can match you with attorneys who practice bankruptcy law in your area.
- National groups that focus on consumer bankruptcy. The National Association of Consumer Bankruptcy Attorneys (NACBA) and similar groups list members who focus on consumer bankruptcy.
- The American Bar Association and your state bar. Both let you search for bankruptcy specialists and check discipline records.
- Legal aid and pro bono clinics. If you can’t afford private counsel, see whether a legal aid program or bankruptcy clinic can help. (Many courts publish local pro bono lists.)How do you find a suitable attorney for your bankruptcy team?
How to vet bankruptcy attorneys — what to ask and what matters
Experience: Pick someone who handles lots of consumer bankruptcy cases, not a generalist who dabbles. Chapter 7 and Chapter 13 are the most common for individuals; attorneys who mostly do Chapter 11 (reorganization) usually work with businesses and complex cases, so they may not be the best fit for a typical consumer filing. Ask how many cases they file each year and what percentage are consumer bankruptcies.
Firm size and fit: Large firms bring resources and depth; small firms often feel more personal and can be less expensive. Meet folks from firms of different sizes and judge who you trust and who answers your questions clearly.
Fees and payment: Costs vary by state, by complexity, and by chapter. Many Chapter 7 lawyers expect payment before they file your petition; Chapter 13 fees are often rolled into your repayment plan. Ask exactly how and when the law firm expects to be paid, what’s included, and whether there are extra costs (like trustee fees or credit-counseling costs). Many reputable lawyers offer a free initial consultation — use it to interview several candidates.
Communication and trust: You’ll need to be honest about your finances. Choose someone who explains things clearly, answers promptly, and gives realistic expectations. Bankruptcy is stressful; you want an attorney who’s a calm guide, not someone who talks over you.
Red flags to watch for
- Too many clients, too little attention. If a firm seems rushed or can’t explain how much time your case will get, think twice.
- Pushy sales tactics. Reputable attorneys explain options and let you decide. They don’t pressure you into filing immediately or into unnecessary services.
- Unclear fee practices. If fee arrangements aren’t spelled out in writing, walk away.
- No willingness to meet or explain. Many bankruptcy lawyers offer a free consult; a strict “no free consult” policy isn’t always a deal breaker, but it’s reasonable to expect an affordable or free way to learn whether you qualify.
Can a lawyer stop a foreclosure or repossession?
Often filing for bankruptcy triggers an automatic stay, which generally halts most collection activity, including foreclosure and wage garnishment, at least temporarily. That doesn’t mean every problem disappears — and some creditors can ask the court to lift the stay — but an experienced lawyer can file emergency pleadings and help preserve your home while the court sorts things out.
If you can’t afford a lawyer
Don’t give up. Many courts maintain lists of free or low-cost legal aid providers. Local legal aid societies, law school clinics, and bankruptcy pro bono programs can sometimes provide full representation or limited help with forms and hearings. Even if you must represent yourself, get help with the initial paperwork so you don’t miss critical steps.