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.
"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.
"What city and county do you live in?"
Confirms the district. Out-of-area callers get a polite referral, not a consult slot.
"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.
"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.
"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.
"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 mentions | Why it matters | Intake's next step |
|---|---|---|
| Recently paid back a relative, or transferred a car or property to family | Possible preference or transfer issues a trustee may look at | Note it, flag for attorney review before booking |
| Recent large purchases or cash advances | Some recent debts can face dischargeability challenges | Note amounts and dates roughly, don't comment |
| Prior bankruptcy | Timing rules can limit a new discharge | Get chapter and year |
| Pending injury claim, inheritance, or expected large refund | Could be an asset in the case | Flag for attorney |
| Owns a business or has business debts | May be outside a consumer practice | Attorney decides whether to book |
| Income looks above median | May point to Chapter 13 instead of Chapter 7 | Book with a Chapter 13 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.
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.
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.