Client Intake Workflow
45 min estimated
Non-Attorney Reminder
A bankruptcy petition preparer is not an attorney and may not provide legal advice, legal counsel, or legal recommendations of any kind. All content in this module describes operational and organizational procedures only. Reference: 11 U.S.C. § 110.
What Is the Client Intake Stage?
The client intake stage is the structured process of collecting all information and documentation needed to begin the document preparation engagement. It begins at first contact and ends when the BPP has a complete, signed fee agreement, a completed intake questionnaire, and all initial documents organized in a client file.
Intake quality is the single biggest predictor of case quality. Errors made during intake propagate into every subsequent stage: the document checklist, the petition schedules, and ultimately the court filing. A thorough, organized intake process prevents cascading problems downstream and saves time for both the BPP and the client.
The BPP's role during intake is that of an information gatherer. You are collecting what the client tells you, organizing it accurately, and documenting it completely. You are not evaluating the client's financial situation, assessing their eligibility, or recommending any course of action. Every interaction stays within the boundary of information collection.
Key Principle: Gatherer, Not Advisor
If a client asks you to evaluate their financial situation, help them choose between options, or tell them what to do, that is legal advice. Redirect immediately: “That question requires the judgment of a bankruptcy attorney. I can help you organize and document your information, but I cannot advise you on what to do with it.”
The Initial Client Consultation
The first meeting with a client sets the tone for the entire engagement. It is also the point at which your § 110 disclosure obligations are triggered. The initial consultation has two primary purposes: establishing the scope of your services and gathering enough information to determine whether you can assist the client.
What to Cover in the First Meeting
- ✓Your role as a document preparer, not an attorney, and the specific limitations of your services
- ✓The scope of services you will provide, described by document type and task
- ✓Your fee structure, including all charges broken down by service
- ✓The expected timeline from intake through document delivery
- ✓What the client is responsible for: verifying information, attending court hearings, interacting with the trustee
- ✓What you will not do: give legal advice, appear in court, advise on strategy
Required Disclosures at First Contact
Under 11 U.S.C. § 110, your written fee disclosure must be provided before any work begins. First contact is the trigger. You cannot take a retainer, review documents, or begin collecting information without first providing and receiving a signed fee disclosure. This is a hard compliance requirement, not a courtesy.
Consultation Checklist
Before the consultation ends, confirm all six items:
- ✓Written fee disclosure provided and signed by client
- ✓Scope of services clearly described and confirmed by client
- ✓BPP limitations explained: no legal advice, no court appearances
- ✓Client contact information collected: phone, email, mailing address
- ✓Next steps explained: intake questionnaire, document request list
- ✓Follow-up appointment or deadline confirmed in writing
Client Screening and Case Assessment
Screening is the process of collecting basic financial information to determine whether the engagement can proceed. Screening is not an evaluation of the client's legal position. You are collecting data to populate the intake form, not drawing conclusions about eligibility or outcomes.
Information Collected During Screening
- Total approximate debt amount and primary debt types (consumer, medical, tax, student loan, secured)
- Assets: real property, vehicles, bank accounts, retirement accounts, personal property of significant value
- Monthly gross and net income: all sources, all household members contributing to expenses
- Prior bankruptcy filings: chapter, court, year, and outcome of any prior case
- Current legal proceedings: lawsuits, garnishments, foreclosures, repossessions in progress
Escalation Triggers: When to Refer to an Attorney
The following screening findings require an immediate attorney referral. These situations involve legal complexity that is outside the scope of document preparation services. Do not proceed with intake if any of these are present.
Active civil lawsuit against the client as a defendant.
Action: Stop the screening. The interaction between an active lawsuit and a bankruptcy filing involves legal strategy outside your scope. Refer the client to a bankruptcy attorney before accepting the engagement.
Business debts that represent the majority of the client total debt load.
Action: Business debt treatment involves legal analysis of entity liability, personal guarantees, and business asset disposition. Refer to a bankruptcy attorney.
Any mention of fraudulent transfers, payments to insiders, or omitted assets.
Action: These are serious legal issues. Assisting with document preparation when fraud is present or suspected exposes you to significant personal liability. Refer immediately and document the referral.
Prior bankruptcy case dismissed within the last 180 days.
Action: A prior dismissal within 180 days triggers an automatic stay limitation under the Bankruptcy Code. This is a legal issue requiring attorney analysis. Do not proceed.
Screening Form Overview
Your screening form is a structured data collection tool. It captures the fields listed above in a consistent format so every client file starts with the same information. The form does not include legal analysis, recommendations, or conclusions. Fields capture facts: amounts, dates, names, and descriptions. The client fills out the form or you transcribe their verbal responses accurately. You do not interpret their answers.
Completing the Intake Questionnaire
The intake questionnaire is the comprehensive data collection document that feeds directly into the bankruptcy schedules. It is organized to mirror the structure of the court forms so that information flows from one to the other without translation errors.
Standard Intake Questionnaire Structure
- Personal information: full legal name, all aliases used in the past 8 years, address history
- Household and marital status: spouse information, dependents, household income contributions
- Employment and income: employer details, pay frequency, gross and net income for all sources
- Monthly expenses: detailed household budget by category
- Real property: addresses, values, loan balances, ownership interests
- Personal property: vehicles, bank accounts, retirement accounts, insurance policies with cash value, other assets
- Secured debts: lender name, collateral, balance, monthly payment, current status
- Unsecured debts: creditor names, account numbers, balances, account type
- Recent financial transactions: payments over $600 in the past 90 days, transfers in the past 2 years
- Prior bankruptcy history
Walking the Client Through the Questionnaire
Go through the questionnaire section by section with the client. Read each question aloud, record the client's answer exactly as stated, and flag any section where the client is uncertain so they can verify before the form is finalized. Do not fill in answers you are not certain of. Do not skip sections. Every field is present because it maps to a required court form.
Common Errors Clients Make on Intake Forms
- 1
Omitting debts they expect to be forgiven.
All debts must be listed regardless of expected treatment. Omitting a debt does not make it go away and can result in the case being dismissed or discharged debts being reopened.
- 2
Underestimating asset values.
Clients sometimes list assets at sentimental or purchase value rather than current fair market value. Document values must reflect current market value as the client understands it. Flag uncertain valuations for the client to verify.
- 3
Forgetting about retirement accounts, life insurance cash value, or tax refunds.
These are frequently omitted because clients do not think of them as assets. Walk through each asset category explicitly rather than asking a general question.
- 4
Listing monthly expenses that do not match actual spending.
Budget sections are often estimated rather than calculated from actual records. Encourage clients to review bank statements before finalizing expense figures.
- 5
Leaving prior address history incomplete.
Courts require address history for a specific period. Clients often only list their current address. Ask for every address in the required lookback period and verify completeness before moving on.
Handling Incomplete or Uncertain Answers
When a client is uncertain about an answer, the correct response is to flag the field as “pending verification” and instruct the client to verify from their records before the questionnaire is finalized. You do not fill in an estimate. You do not suggest a number. You do not tell the client what the answer should be. Accurate data is the entire point of the intake questionnaire, and an incorrect answer entered at intake becomes an incorrect entry on a court form.
Script for Uncertain Answers
“I am going to flag this field for now. Before we finalize the questionnaire, please check your records and give me the accurate figure. It is important that every number on this form reflects what you can verify, not an estimate. I will follow up with you in [X days] to collect the verified answer.”
Fee Agreement and Disclosure
The written fee agreement is a legal requirement under 11 U.S.C. § 110. It is not a courtesy document or a business practice — it is mandatory. A missing or unsigned fee agreement is a § 110 violation.
What Must Be in the Agreement
- ✓Full legal name and address of the BPP
- ✓Full legal name of the client
- ✓Itemized list of every service to be provided and the fee for each
- ✓Total fee amount (combined, not just per service)
- ✓Statement that the fee does not include court filing fees, which are paid separately by the client
- ✓Statement that the BPP is not an attorney and the services do not constitute legal services
- ✓No contingency fee provisions: fees may not be calculated as a percentage of any outcome
- ✓Date of the agreement and signatures of both parties
Sample Fee Agreement Language
Sample Language (operational guidance only — verify against local court requirements)
“I, [Preparer Full Name], a bankruptcy petition preparer as defined by 11 U.S.C. § 110, agree to provide the following document preparation services to [Client Full Name] for the total fee of $[Amount], itemized as follows: [List each service and its fee]. This fee does not include the court filing fee, which is paid by the client directly to the clerk of the bankruptcy court. No contingency fees are charged. This agreement does not constitute legal services. I am not an attorney. Signed: [BPP Signature / Date] [Client Signature / Date].”
What Happens If the Agreement Is Incomplete or Unsigned
Do Not Proceed Without a Complete, Signed Agreement
Work may not begin without a fully executed fee agreement. If the client cannot sign at first contact, schedule a follow-up for signature before any intake work proceeds. An incomplete agreement (missing fields, unsigned, or missing the itemization) exposes you to fee disgorgement even if the services were properly rendered. Courts have ordered disgorgement of all fees in cases where the agreement was technically defective.
Organizing Client Information
A well-organized client file is not just good practice — it is your protection if questions arise later about the engagement. The file is the record of what you collected, when you collected it, and what you did with it.
File Naming Conventions
Use a consistent naming format for all client files and documents. Recommended format: LastName_FirstName_DocumentType_YYYYMMDD. Example: Smith_John_IntakeQuestionnaire_20240315. This format sorts chronologically and makes any document findable by name and date without opening the file.
Physical vs. Digital File Management
Digital files are preferred for searchability and backup, but physical originals must be handled appropriately. Never keep originals without the client's explicit written consent to hold them. Return originals to the client and retain only copies. If working with a physical file, use labeled tab dividers with the same categories as the digital folder structure to maintain consistency.
Intake Packet Contents Checklist
Every completed intake packet should contain:
- ✓Signed fee agreement and fee disclosure form
- ✓Completed intake questionnaire (all fields, no blanks except flagged pending items)
- ✓Signed client authorization to collect and prepare documents
- ✓Copy of government-issued photo ID for the client
- ✓Initial document collection checklist (completed, with received/pending status for each item)
- ✓Communication log: date of first contact, method, and outcome of each subsequent contact
Escalation Situations During Intake
Certain situations that arise during intake require you to pause the process and refer the client to an attorney before continuing. These are not judgment calls — they are categories of legal complexity that fall outside the scope of document preparation services.
Client asks which chapter they should file.
Action: Redirect immediately. Chapter selection is a legal decision. Respond: "Choosing between Chapter 7 and Chapter 13 requires legal analysis that I am not qualified to provide. A bankruptcy attorney can review your complete financial picture and advise you on that choice."
Client discloses potential fraud or false information on prior legal documents.
Action: Stop the intake. Document the disclosure in writing, decline the engagement, and refer the client to a bankruptcy attorney. Do not proceed with any work. Retain the record of your refusal.
Client is currently represented by an attorney in any related matter.
Action: Confirm the scope of the attorney's representation before proceeding. If the attorney is handling the bankruptcy, you may not also provide document preparation services for the same case. Contact the attorney's office to clarify scope.
Client has non-consumer debts, tax debts exceeding filing thresholds, or other complex debt types.
Action: These debt categories involve legal treatment that goes beyond standard document preparation. Refer to a bankruptcy attorney for an assessment before accepting the engagement.
When to Pause Intake and Refer to an Attorney
Pause the intake process any time the client's situation involves a legal question that requires analysis, any time you are uncertain whether a disclosure or consent requirement has been met, or any time the client expresses distrust, confusion about your role, or pressure for you to advise them. It is always better to pause and refer than to proceed and violate § 110.
Communicating a Referral to the Client
Sample Referral Script
“Based on what you have shared with me today, your situation involves some factors that I am not qualified to address as a document preparer. I want to make sure you get the right help, so I am recommending that you speak with a bankruptcy attorney before we continue. This does not mean I cannot help you eventually — it means there are some legal questions that need to be answered first. I can provide you with a referral list of local bankruptcy attorneys if that would be helpful. Would you like me to do that?”
Module 4 — Knowledge Check
Take a few minutes to reflect on the following questions before moving to Module 5. No answers are provided here. If you are uncertain about any item, return to the relevant section above before continuing.
- 1
What are the six items that must be confirmed before the initial client consultation ends?
- 2
Name three screening red flags that require an immediate attorney referral before the intake can proceed.
- 3
What is the correct response when a client cannot provide a verified answer to an intake questionnaire field?
- 4
What are the required elements of a written fee agreement under 11 U.S.C. § 110?
- 5
A client asks you which chapter they should file. Walk through the correct response from start to finish.