Bankruptcy callers often arrive with a chapter already in mind. A friend filed Chapter 7, so they want Chapter 7. An ad said Chapter 13 saves your house, so they want that.
Intake's job isn't to agree or disagree. It's to ask the questions that help the attorney figure out which path fits, so the consult starts with facts instead of assumptions. This post covers what to ask and why each question matters.
The ground rule
Intake never decides the chapter. Not even informally.
When a caller asks "Should I file 7 or 13?", the answer is always some version of this:
"That's exactly what the attorney will help you figure out. It depends on things like your income, what you own and what you want to keep. I'm going to ask a few questions now so they have what they need."
That line does two things. It keeps intake out of legal advice, and it tells the caller their question is being taken seriously.
Questions about income
Income is usually the first fork in the road. The means test, which looks at income compared to state median figures, can affect whether Chapter 7 is available. We cover that screen in detail in means-test screening at intake.
At a minimum, ask:
"What state do you live in, and who's in your household?"
"What has your income looked like over the last six months, before taxes? Include any overtime, side work, benefits or support you receive."
"Is your income steady, or does it change a lot month to month?"
Steady income matters for a different reason too. Chapter 13 involves a repayment plan over several years, so the attorney will want to know whether the caller can realistically keep up with one.
Questions about the house and car
This is often where the chapter decision really gets made. People who are behind on a mortgage or car loan and want to keep the property may need a different approach than people who are current or willing to let it go.
"Do you own or rent your home?"
"If you own, are you current on the mortgage? If not, roughly how far behind?"
"Has the lender sent any foreclosure notices, or set a sale date?"
"Do you have a car loan? Are you current on it?"
"Is there anything you're especially worried about keeping? A house, a car, tools for work?"
If there's a foreclosure sale date or a repossession threat, that's urgent. Capture the date and escalate per your firm's rules. Our post on urgent calls involving garnishment and creditor harassment covers how.
Questions about what they own
Property and equity can matter a lot. Each state has its own exemption rules, and in some cases people can choose between state and federal exemptions. The attorney works through all of that. Intake just gets a rough inventory.
"Besides your home and car, do you own anything of significant value? Other real estate, a business, investments, retirement accounts, anything like that?"
"Roughly what do you think your home is worth, and how much do you still owe on it?"
Don't push for exact figures. "Maybe around this much" is fine for intake.
Questions about prior bankruptcies
Prior filings can affect what's available now and when. The rules depend on the chapter of the earlier case and how long ago it was filed.
"Have you ever filed for bankruptcy before? If so, about when, and do you remember which chapter?"
If they're not sure of the date, note that. The attorney can look it up.
Questions about the kinds of debt
Not all debt is treated the same way in bankruptcy, and the mix can steer the attorney toward one chapter or the other.
"What kinds of debt are you dealing with? Credit cards, medical bills, personal loans, student loans, taxes, anything else?"
"Do you owe any back taxes? Roughly what years?"
"Are you behind on child support or alimony?"
Intake should not tell the caller which of these can or can't be wiped out. A caller who hears "student loans can't be discharged" from a receptionist may never book the consult. Let the attorney explain.
Questions about recent transactions
These feel awkward to ask, but they're some of the most useful questions on the list. Recent payments to family, transfers of property and big purchases on credit can all affect how the attorney approaches the case and when to file.
"In the last couple of years, have you paid back any money to family or friends, or put property in someone else's name?"
"In the last few months, have you made any large purchases or taken cash advances on credit cards?"
Ask them in a neutral, routine tone. You're not accusing anyone. Most people answer honestly when it's clear everyone gets asked.
"These are standard questions we ask everyone. They just help the attorney plan."
Questions about co-signers and business debt
"Did anyone co-sign on any of your debts?"
"Do you own a business, or did you in the past few years?"
Co-signers can make some people lean toward one approach. Business debt can change whether the means test applies. Either way, the attorney needs to know.
Questions about goals
End with a simple, open question.
"If this goes the way you hope, what does that look like for you?"
Some callers want a fresh start as fast as possible. Some want to save a house. Some mostly want the calls to stop. That answer helps the attorney frame the consult around what the person actually cares about.
How to record it
Put answers in fields, not paragraphs. A short summary at the top helps the attorney too. Something like:
"Owns home, 3 months behind, no sale date known. One car, current. Steady income, married, spouse works part time. Mostly credit cards and medical. Filed once before, caller thinks about 9 years ago. Wants to keep house."
That's a consult the attorney can walk into ready. Pair this with a document list sent by text, and the first meeting can focus on options instead of fact-finding.
Where IntakeGenius fits
The IntakeGenius AI voice agent asks your bankruptcy question set on every call, including the house, car, prior filing and recent transaction questions, and it hands the chapter question to the attorney every time. IntakeCRM keeps the answers on the lead so the attorney can review them before the consult. We build the script with your team so it matches how your attorneys like to work.
Want to hear it run a bankruptcy intake? Book a 15-minute call. No slides, just a walkthrough. More on our bankruptcy page.