15 Questions to Ask a Bankruptcy Attorney in Las Vegas Before You Hire

Why These Questions Matter Before Filing

Bankruptcy can provide genuine relief from crushing debt — but it's not a one-size-fits-all solution. The wrong chapter, a poorly prepared petition, or failure to understand what debts survive can leave you worse off than you expected. Most bankruptcy attorneys offer free initial consultations. Use that time to get specific answers about your specific situation.

The 15 Questions to Ask

• Which chapter of bankruptcy do you recommend for my situation, and why?
  Chapter 7 (liquidation) takes 3-4 months and eliminates most unsecured debt but requires passing the Means Test. Chapter 13 (reorganization) takes 3-5 years via a repayment plan but allows you to keep more assets and catch up on mortgage arrears. The right choice depends on your income, assets, types of debt, and goals. Be wary of an attorney who recommends a chapter without fully understanding your finances.
• Do I qualify for Chapter 7 under the Means Test?
  The Means Test compares your average monthly income to the Nevada median income for your household size. If you're below the median, you automatically qualify for Chapter 7. If you're above, a more detailed analysis is required. Ask the attorney to run your numbers during the consultation — this is a threshold question that determines which options are even available to you.
• Which of my debts will survive bankruptcy (not be discharged)?
  Certain debts cannot be eliminated in bankruptcy: student loans (rarely dischargeable), recent income taxes, alimony and child support, debts from fraud, criminal fines and restitution, and recent luxury purchases or cash advances. Understanding which debts survive tells you how much financial relief you'll actually get. If most of your debt is non-dischargeable, bankruptcy may provide less benefit than expected.
• Will I lose my home in bankruptcy?
  Nevada's homestead exemption protects up to $605,000 in home equity from creditors in Chapter 7. If your equity is under this amount and you are current on your mortgage, you can typically keep your home in Chapter 7. In Chapter 13, you can keep your home and use the repayment plan to catch up on mortgage arrears. Ask the attorney to analyze your specific equity position before filing.
• Can I keep my car?
  In Chapter 7, you can keep a car if it has little equity (Nevada exempts up to $15,000 in one vehicle) and you continue making payments — or "reaffirm" the debt. If you're behind on payments, Chapter 13 allows you to restructure the car loan. Ask specifically about your vehicle's value, what you owe, and what happens to the loan in bankruptcy.
• What happens to my retirement accounts?
  Good news: most retirement accounts — 401(k)s, IRAs, pensions — are fully exempt in Nevada bankruptcy and cannot be taken by creditors. You should not cash out retirement accounts to pay debts before filing bankruptcy, as this creates taxable income and surrenders your exemption protection. The attorney should confirm which specific accounts you have are protected.
• What are your fees and what do they include?
  Bankruptcy attorneys typically charge flat fees: $1,500-$2,500 for a no-asset Chapter 7; $3,000-$6,000 for Chapter 13 (though some fees are paid through the repayment plan). The filing fee is separate ($338 for Chapter 7, $313 for Chapter 13). Ask what is included in the flat fee — credit counseling requirement, petition preparation, 341 meeting of creditors attendance, response to trustee questions, and post-discharge follow-up.
• How will bankruptcy affect my credit score, and when will it recover?
  A Chapter 7 bankruptcy remains on your credit report for 10 years; Chapter 13 for 7 years. Your credit score will drop significantly immediately after filing. However, many people are surprised to find that their score begins recovering within 1-2 years, especially once they establish new positive credit accounts. The attorney should give you realistic expectations and rebuilding strategies.
• Are there any assets I should not transfer or sell before filing?
  The bankruptcy trustee has the power to "avoid" (reverse) certain transfers made before filing — called preferential transfers (payments to relatives or creditors within 90 days to 1 year before filing) and fraudulent transfers (transfers for less than fair value). Ask specifically about any large transfers, gifts, or sales you've made in the past 2 years. Undisclosed transfers can result in case dismissal or criminal fraud charges.
• What is the 341 meeting and what should I expect?
  The Meeting of Creditors (341 meeting) is a brief hearing — usually 5-15 minutes — where the bankruptcy trustee asks you questions about your petition under oath. Creditors can attend but rarely do in consumer cases. Your attorney attends with you. Ask what questions are typically asked, what documents to bring, and what the trustee will be looking for in your specific case. Good preparation makes this a non-event for most filers.
• What happens to my credit card debt in bankruptcy?
  Credit card debt is almost always dischargeable in bankruptcy — it's one of the primary benefits of filing. However, there are exceptions: credit card debt from fraud (providing false income on an application), luxury purchases of $800+ made within 90 days of filing, and cash advances of $1,100+ within 70 days of filing are presumed non-dischargeable. The attorney should review your recent credit card activity before filing.
• Can I file bankruptcy and keep a specific credit card?
  No — you must list all creditors in your bankruptcy petition. You cannot selectively omit a creditor to keep a credit card relationship. Doing so is bankruptcy fraud. Some creditors close accounts regardless; others may not. After discharge, you can apply for new secured credit cards to rebuild. Some banks that were not creditors in your bankruptcy may issue new cards relatively quickly after discharge.
• What is the required credit counseling before filing?
  Federal law requires all bankruptcy filers to complete a credit counseling course from an approved provider within 180 days before filing. A second financial management course is required after filing (before discharge in Chapter 7). These courses typically cost $25-$50 and take 1-2 hours online. Your attorney can recommend approved providers and ensure you complete them within the required timeframe.
• How does the automatic stay work and what does it stop?
  The automatic stay is one of the most powerful aspects of bankruptcy — it takes effect the moment you file and immediately halts: all collection calls and letters, wage garnishments, bank levies, lawsuits, foreclosure proceedings, and utility shut-offs. Ask whether your specific collection problems (a pending foreclosure sale, a wage garnishment, a scheduled court hearing) will be stopped by the stay and for how long.
• What are the alternatives to bankruptcy I should consider?
  A trustworthy bankruptcy attorney will discuss alternatives: debt consolidation, debt settlement, negotiating directly with creditors, income-based repayment plans for student loans, and state-law exemptions that may already protect your assets. Bankruptcy is not always the best option — sometimes a targeted negotiation with one or two major creditors is more effective. Ask the attorney to honestly assess whether bankruptcy is truly necessary for your situation.