How to Find a Bankruptcy Lawyer
Your choice of attorney significantly affects your outcome. Here's how to find quality representation backed by court data.
Why attorney choice matters
According to FJC data covering 4.9 million cases across 94 federal districts, attorney quality is one of the strongest predictors of bankruptcy outcome. Within the same district, some attorneys achieve Chapter 13 completion rates above 50%, while others fall below 15%. The difference can mean tens of thousands of dollars in wasted fees and plan payments.
Where to search
- State bar association -- Most state bars have a lawyer referral service that connects you with licensed bankruptcy attorneys in your area
- NACBA directory -- The National Association of Consumer Bankruptcy Attorneys (nacba.org) maintains a directory of member attorneys who specialize in consumer bankruptcy
- Legal aid organizations -- If you cannot afford an attorney, search at lawhelp.org for free bankruptcy representation
- Bar association websites -- Verify that any attorney you are considering is licensed and in good standing
- Referrals -- Ask friends, family, or other attorneys for recommendations
Questions to ask during a consultation
Most bankruptcy attorneys offer free initial consultations. Use them to evaluate quality:
About their practice
- How long have you been practicing bankruptcy law?
- What percentage of your practice is bankruptcy vs. other areas?
- How many active bankruptcy cases do you handle at any given time?
- Will you personally handle my case, or will it be delegated to staff?
About outcomes
- What is your Chapter 13 completion rate? (This is the single most important question)
- Do you check PACER for prior filings before filing a new case?
- How do you handle clients who fall behind on plan payments?
- What is your plan for my specific situation?
About fees and process
- What is the total cost, including filing fee, attorney fee, and any additional charges?
- How much is due before filing vs. paid through the plan?
- How do you communicate with clients? (Phone, email, portal?)
- What is your response time for client questions?
Red flags to watch for
Court data reveals patterns associated with poor outcomes:
- Very high caseloads -- Attorneys handling hundreds of active cases may not give yours adequate attention
- Unusually low fees -- Below-market fees may indicate a high-volume practice that relies on quantity over quality
- No mention of eligibility screening -- An attorney who doesn't ask about prior filings may not check for discharge bars
- Pressure to file immediately -- Unless there is a genuine emergency (foreclosure, repossession), a good attorney takes time to prepare
- Filing bare petitions routinely -- Bare petitions (filing without complete schedules) should be the exception, not the rule
Verify credentials
- Bar status: Search your state bar's online directory to confirm the attorney is licensed and in good standing
- Disciplinary history: Check for any public discipline, sanctions, or malpractice complaints
- Court admission: Verify the attorney is admitted to practice in the specific bankruptcy court where your case will be filed
The data advantage
Federal court records on PACER are public. You can search for an attorney's name and see their cases, outcomes, and patterns. While this requires some effort, it provides objective evidence of an attorney's track record that no advertisement or review can match.
Related resources
This page provides general information based on publicly available federal court records. It does not constitute legal advice. Consult a licensed attorney for advice on your specific situation.
This tool is free and open-source. Donations fund PACER access fees and our goal of forming a 501(c)(3) nonprofit for bankruptcy court transparency.
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