How to Choose a Bankruptcy Lawyer in DC, Maryland and Virginia

You searched for a bankruptcy lawyer and found dozens of names, ads promising low prices and reviews you are not sure you trust. Whoever you pick is about to see every detail of your finances.

Here is what matters, what should make you walk away, and what to ask before you sign.

Do I need a lawyer to file bankruptcy?

The law lets you file on your own, but the official notice the court gives every filer warns that the rules are technical and mistakes can harm you. A missed form, a wrong exemption, meaning the law that protects certain property, or a skipped deadline can get a case dismissed or cost you property you could have kept.

A dismissed case can also leave you worse off, because a later filing may come with weaker protection from creditors.

What should I look for in a bankruptcy lawyer?

Someone who files consumer cases regularly in your court. DC residents file in the bankruptcy court in DC, the Maryland suburbs file in Greenbelt, and Northern Virginia files in Alexandria. Each court has its own local rules and trustees, and each jurisdiction has its own exemption laws.

Ask how often the lawyer files there. If you are not sure which court is yours, see where to file.

A lawyer who meets with you personally. Some offices hand you to an intake person who collects your information and quotes a fee before a lawyer ever reads your file. The person who signs your petition should be the person who hears your story.

A free consultation and a written flat fee. Most consumer bankruptcy lawyers charge a flat fee for a standard case. Get the number in writing, along with what it covers and what it does not, such as the court filing fee or later work if a creditor objects.

For what goes into the fee, see how much bankruptcy costs.

A real explanation of Chapter 7 and Chapter 13 for your facts. Chapter 7 wipes out most unsecured debt in a few months, while Chapter 13 is a three- to five-year repayment plan that can save a house or car. Your lawyer should explain which fits you, including the means test, the income test that decides whether you qualify for Chapter 7.

Someone who tells you when not to file. Sometimes your income and property are protected from collection anyway, the debt is small enough to settle, or filing now would use up a filing you may need later. A lawyer who says yes to everyone is not giving you advice.

A lawyer who answers. Questions come up between the day you sign and the meeting of creditors, the short hearing where the trustee asks you questions under oath. Ask how quickly calls and emails get returned, and by whom.

Membership in the consumer bankruptcy bar. The National Association of Consumer Bankruptcy Attorneys, NACBA, is the national organization for lawyers who represent people rather than lenders. Membership guarantees nothing, but it signals a lawyer committed to this work.

What are the red flags?

A low advertised price that keeps growing. Bankruptcy mills, high-volume offices that run on advertising, often quote a low price and then add charges for “complex” cases, amendments or extra paperwork. Ask for the total in writing before you pay anything.

A fee quoted before anyone sees your documents. An accurate quote depends on your income, your property, any lawsuits and any prior filings. A number given over the phone, before anyone has reviewed your case, often changes later.

Petition preparers who are not lawyers. A bankruptcy petition preparer can type your forms but cannot legally advise you on which chapter to file, what property to claim as exempt or how to answer the trustee.

Advice to hide assets or move money. Anyone who tells you to leave property off your forms, put a car in a relative’s name or empty an account before filing is putting your discharge at risk, and possibly more. You sign your bankruptcy forms under penalty of perjury.

Blanket advice to stop paying everything. Some debts can sensibly stop being paid before filing, and some should not, such as a mortgage or car you want to keep, child support and some taxes. That call takes a look at your situation, not a script.

Guarantees. No honest lawyer can guarantee a result, because creditors, trustees and judges all get a say. What a lawyer can give you is a clear assessment of the risks before you file.

What should I ask at the consultation?

How often do you file Chapter 7 and Chapter 13 cases in my court?
Will I work with you directly, or mostly with staff?
Based on my documents, which chapter fits, and do I pass the means test?
Is there any property I could lose, and how would you protect it?
Should I file now, wait, or not file at all? Why?
What is your total fee, what does it cover, and what costs extra?
How do you handle calls and emails, and how quickly do you respond?

What should I bring?

Bring recent pay stubs, your last two tax returns, a list of your debts or a recent credit report, and any lawsuit papers, garnishment notices or foreclosure letters. The more the lawyer sees, the more accurate the advice and the fee.

Be completely honest, including about prior bankruptcies, recent property transfers and debts to family. Surprises after filing are much harder to fix than facts disclosed up front.

What happens in a consultation with me?

The consultation is free, and I meet with you myself. I listen first, then go through your income, debts, property and goals.

After I review your documents, I quote a flat fee in writing. I explain Chapter 7 and Chapter 13 for your facts, and if bankruptcy is not the right move for you, I say so.

I file cases in the bankruptcy court in DC, in Maryland at the Greenbelt courthouse, and in the Eastern District of Virginia. I am a member of NACBA and the American Bankruptcy Institute.