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Bankruptcy Intake

Bankruptcy Intake Process: Prescreening Leads Before the Consultation

The questions a non-attorney screener should ask, the answers that need an attorney's eyes, and how to talk about fees without losing the caller.

By Alon Darvish · Former Bankruptcy Attorney 7 min read Updated October 2026

A good bankruptcy intake process screens every caller with a few targeted questions before an attorney's time is booked: what is happening right now, where they live, what kind of debt they have, roughly what the household earns, and whether they've filed before. That prescreen protects your consultation calendar in a volume practice, routes Chapter 13 candidates differently from Chapter 7, and catches problems (recent transfers, prior filings, mostly student loan debt) before anyone drives across town. It is not a substitute for the attorney's analysis, and staff should never present it as one.

Why prescreen bankruptcy leads at all?

Consumer bankruptcy is a volume practice with modest fees per case, so the attorney's hour is the scarcest thing in the office. Every consultation with someone who can't file, doesn't need to, or lives two districts away is an hour not spent with someone who can.

Prescreening also helps the caller. People in debt trouble are often confused about what bankruptcy is and frightened of what it means. A calm, organized first call that asks sensible questions does more to build trust than a rushed "Can you come in Thursday?"

And it makes your marketing measurable. If intake records why each lead was or wasn't booked, you learn which ads and keywords produce filers. That feedback is what our bankruptcy cost per case guide depends on.

The bankruptcy intake process in six questions

These six questions, asked in roughly this order, cover what a non-attorney screener needs to know. Each step notes what the answer tells you.

1

"What's happening right now that made you call?"

Listen for a trigger and a date: a garnishment starting, a bank levy, a lawsuit with a response deadline, a foreclosure sale date, a repossession. Dated emergencies go to the front of the attorney's calendar.

2

"What city and county do you live in?"

Confirms the district. Out-of-area callers get a polite referral, not a consult slot.

3

"What kinds of debt are causing the most trouble?"

Credit cards, medical bills, personal loans, and deficiency balances point toward a typical case. Mostly student loans, recent taxes, or support arrears means the attorney needs to talk expectations early.

4

"How many people live in your household, and roughly what does it bring in each month?"

A rough read for the means test. Staff note whether income looks near or above the state median for that household size and flag it. They do not tell the caller whether they qualify.

5

"Do you own a home or car you want to keep, and are you behind on either?"

Being behind on a mortgage or car loan, or having equity to protect, often points toward Chapter 13. Flag it so the attorney can prepare.

6

"Have you ever filed bankruptcy before? About when?"

Prior filings and discharges can limit what's available now. Get the approximate date and chapter so the attorney can check timing before the meeting.

Add one more question in most markets: "Have you worked with a debt settlement company?" Many callers have, sometimes paying fees for months while accounts went into default and lawsuits followed. It changes the conversation, and it tells you something about where your competition is. More on that in competing with debt settlement companies.

Red flags intake should route to the attorney

Some answers don't disqualify a caller, but the attorney needs to see them before the consultation, not halfway through it.

What the caller mentionsWhy it mattersIntake's next step
Recently paid back a relative, or transferred a car or property to familyPossible preference or transfer issues a trustee may look atNote it, flag for attorney review before booking
Recent large purchases or cash advancesSome recent debts can face dischargeability challengesNote amounts and dates roughly, don't comment
Prior bankruptcyTiming rules can limit a new dischargeGet chapter and year
Pending injury claim, inheritance, or expected large refundCould be an asset in the caseFlag for attorney
Owns a business or has business debtsMay be outside a consumer practiceAttorney decides whether to book
Income looks above medianMay point to Chapter 13 instead of Chapter 7Book with a Chapter 13 note
⚠ Compliance note

Intake staff must not give legal advice or tell a caller they "qualify for Chapter 7." Under rules modeled on ABA Model Rule 5.3, lawyers are responsible for supervising non-lawyer staff, and Rule 1.18 imposes confidentiality duties to prospective clients even if they never hire you. Bankruptcy adds 11 U.S.C. § 526, which restricts certain advice to clients about taking on debt in contemplation of filing (as interpreted by the Supreme Court in Milavetz). Script carefully, train staff, and check your state's rules. Not legal advice.

How to handle the fee question on the first call

Almost every bankruptcy caller asks about price within the first two minutes. Intake needs a real answer ready.

Give a range for Chapter 7 and explain that it is generally paid before the case is filed, along with the court filing fee and the required credit counseling course. For Chapter 13, explain that a smaller amount is often due up front and much of the attorney fee can be paid through the plan. That single sentence keeps many callers on the line who would otherwise hang up thinking they can't afford help. If your firm offers a bifurcated Chapter 7 fee structure, intake needs approved wording; our page on bifurcated-fee Chapter 7 marketing covers the risks.

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From the Attorney's Side of the Desk

In my practice, the first question was almost never about the law. It was “How much?” or “Will I lose my car?” or “Will my spouse's credit be ruined too?” An intake person who could answer the first question honestly and promise that the attorney would answer the other two kept people on the phone. A screener who said “You'll have to ask the attorney” to everything lost them.

Speed, after-hours calls, and no-shows

Bankruptcy callers often reach out in a short window of courage. Answer live during business hours, return after-hours calls first thing in the morning, and text a confirmation with the address and what to bring: recent pay stubs, the garnishment or lawsuit papers, and a list of debts if they have one.

No-shows are common in this practice area, often because the caller got scared or embarrassed. A reminder call the day before, from a real person, tends to do more than an automated text. If you're buying leads, ask how the vendor handles invalid ones; see our pay-per-lead program for attorneys for how we structure it.

Losing bankruptcy leads between the first call and the consult?

We'll review your intake flow and call handling alongside your ads and show where callers drop out.

Request Your Free Audit →

Measuring the bankruptcy intake funnel

Track five numbers per lead source: leads, contacted, consults booked, consults held, and cases filed. Then add one field: the reason a lead didn't book. After a few months, patterns appear. A keyword that produces mostly "wanted a loan," or a vendor whose leads are mostly out of district, shows up quickly. Pair that with our legal marketing ROI guide and you'll know where to spend next month. The rest of the bankruptcy marketing guides cover the channels that feed this funnel, starting with bankruptcy lead generation.

Frequently Asked Questions

Focus on what is happening right now and when, where the caller lives, what kinds of debt they have, household size and rough monthly income, whether they own a home or car they want to keep and are behind on it, and whether they've filed bankruptcy before. Many firms also ask whether the caller has used a debt settlement company. Staff should collect facts, not give advice.

They shouldn't. Whether someone passes the means test or should file Chapter 7 or Chapter 13 is a legal judgment for the attorney. Staff can note that income looks near or above the median and flag it for the attorney. Lawyers are responsible for supervising non-lawyer staff under rules modeled on ABA Model Rule 5.3.

Book the consultation soon, ideally within a day or two, and confirm by text with the address, parking details, and what documents to bring. A personal reminder call the day before helps because many no-shows are about fear or embarrassment rather than scheduling. Reassuring callers that the consultation is confidential also tends to help.

In most cases, yes. Price is one of the first questions callers ask, and avoiding it often ends the call. Intake can give a Chapter 7 range, explain that it's generally paid before filing, and explain that Chapter 13 fees are often largely paid through the plan. Exact fees should be confirmed by the attorney after reviewing the case.

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About the author

Alon Darvish is a former bankruptcy attorney and the founder of Attorney Pro Marketing, a Beverly Hills agency that does marketing only for law firms. He writes about what turns search traffic into signed clients, and where bar advertising rules affect the work. Nothing on this page is legal advice. More about Alon.

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