What Should I Discuss With My Bankruptcy Lawyer? Here Are A Few Thin...

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A recent Order from our Bankruptcy Court highlights several important considerations when choosing a bankruptcy lawyer and planning your case. On June 26, 2026, Judge Sacca, joined by the other judges in the Northern District of Georgia, entered a 147-page Order permanently disbarring a lawyer and law firm from practicing in Bankruptcy Court. The Order was effective immediately and the lawyer was promptly removed from the Clerk’s electronic filing system. According to PACER, the lawyer currently has 540 open cases, meaning approximately 540 people will need a new lawyer to continue their bankruptcy cases. The Court’s Order speaks for itself. This post is intended to highlight several lessons that may help consumers who are considering bankruptcy. An experienced bankruptcy lawyer should guide you through the process, ask detailed questions, and ensure that your case is properly prepared before it is filed.

If anyone is urging you to file a bankruptcy case, tell every lawyer you consult.

That person may have good intentions, or they may have motivations that do not align with your best interests. Ask the lawyers if they have a relationship with the other person. Most lawyers get new clients through referrals from people they know, and this is usually a positive because the lawyer is a trusted friend or professional colleague. If there is a financial relationship between the lawyer and the other person, it needs to be disclosed to you and you should consider at least consulting with other lawyers.

If anyone else is providing money to you to pay for the bankruptcy lawyer and case, it must be disclosed.

This is specifically asked in the documents filed with the Court. It does not matter whether the person is paying the lawyer directly, or giving you the money to pay the lawyer. The lawyer will consider whether there are any potential conflicts of interest and prepare the appropriate disclosures with the Court. Regardless of the source of funds, your bankruptcy lawyer has a legal duty to act only in your best interests. Do not allow anyone else to interfere with your relationship with your lawyer, and let the lawyer know if anyone tries.

Do not allow anyone else to manage your bankruptcy case or make decisions for you.

Similar to the above, only you should manage your case and make decisions regarding your case. A bankruptcy filing will be on your credit report and your assets are potentially at risk. You need to be in charge. Of course, this does not mean you cannot get some input from a spouse or other trusted person, but always run any “advice” by your lawyer.

All details concerning your debts and assets must be disclosed.

This is a fundamental part of a bankruptcy case. Your lawyer will need to know the approximate balances of your debts and the value of your assets, as this information is vital in determining what assets may be at risk in a Chapter 7 or what your payments might be in a Chapter 13 or individual Chapter 11 case. If the lawyer is not asking for detailed information concerning your house, vehicles and other valuable assets, and the balances of loans on these assets, before the case is filed, it might be wise to consult with other lawyers. The “attorney is required to perform a reasonable inquiry to include interviewing the client, requiring the client to produce relevant information, reviewing the client’s financial documents and other information, and resolving any inconsistencies prior to filing the case” and to “analyze the client’s financial situation, advise the client about whether to file for bankruptcy and if so, under what chapter, and assist the client in completing the petition, schedules, statements, and other documents necessary for the filing.” In other words, your lawyer should do far more than hand you forms to complete. A competent bankruptcy attorney should ask detailed questions, review your financial documents, resolve inconsistencies, and explain how the law applies to your specific circumstances.

In most cases, a bankruptcy lawyer is expected to represent you throughout your bankruptcy case.

While there are sometimes exceptions to this general rule, they must be clearly disclosed to you in writing and also disclosed to the Court. You must consent to any limited representation. All details concerning the lawyer’s fees must also be disclosed, including fees that might be due later.

Be especially diligent in emergency bankruptcy case filings.

The reality is that most individual bankruptcy cases, at least in our district, are filed a few days before a foreclosure, threatened repossession or eviction. They are sometimes called “skeletal” or “front page only” cases because only the minimum paperwork is filed. Unfortunately, many people do not consult with a lawyer until the last minute and there is no time to fully prepare a case. This is the time to be especially mindful of all of the points made above, because there is no turning back from a bankruptcy filing. If a lawyer is primarily focused on getting you to sign paperwork without taking the time to understand your complete financial situation, treat that as a significant red flag. Avoid this situation by planning ahead and consulting with two or three competent lawyers who take the time to review your entire situation. A properly prepared bankruptcy case begins long before the petition is filed. Taking the time to choose the right attorney and fully disclose your financial situation can help avoid unnecessary problems and give you the best chance for a successful fresh start.

Scott Riddle’s practice focuses on bankruptcy and reorganization. Scott has represented businesses and individuals in bankruptcy and reorganization matters for more than 20 years.  You can contact Scott at 404-815-0164 or [email protected].  For more information, click here.