First – Consider what you are trying to do by filing bankruptcy. If you are trying to get out from under a lot of credit card or medical debt and have no real assets — a paid for house or inheritance to protect – a Chapter 7 may help. You must qualify for a Chapter 7 by being under the “Means Test” established by the Bankruptcy Code.

Are you trying to save your home from foreclosure? Do you want to stop repossession of your car or truck? Do you have regular income? — A Chapter 13 Bankruptcy may help — it allows you to catch up the back payments over time.

Second – What is your time frame for filing? If you have a lawsuit or foreclosure pending, the sooner you begin the bankruptcy process, the better. If your mortgage company transfers your loan to an attorney for foreclosure, it can add $2,000 to $5,000 to your loan. They run a title search, publish it in the newspaper and send out legal notices to the property address and owner.

Third – What are you looking for in a law firm? Experience matters! Ask how many cases your attorney has filed. How long have they been practicing law? Do they offer both Chapter 13 Bankruptcy and Chapter 7? If not, why not? Can they explain the process for filing? Can they explain what the Chapter 7 and Chapter 13 Trustees ask at the Meeting of Creditors and why? Ask your lawyer what is included in the price you are paying. Does it include the filing fee? Does the price include the pre and post petition certificates?

Fourth – how long will I be in a bankruptcy? A Chapter 7 lasts about 4 to 6 months from filing to Discharge. A Chapter 13 will last from 3 to 5 years.