Ttggggg information to identify your case: Fill in this Debtor 1 Debtor 2 __________________________________________________________________ First Name Middle Name Last Name ________________________________________________________________ Middle Name Last Name (Spouse, if filing) First Name United States Bankruptcy Court - District of Hawaii Case number (If known) ___________________________ Local Form H2016rr (7/16) Rights and Responsibilities of Chapter 13 Debtors and Attorneys A debtor in a Chapter 13 bankruptcy case must understand the debtor's rights and responsibilities. The debtor must also know and understand his or her attorney's responsibilities and the importance of communicating with the attorney to make the case successful. In order to assure a mutual understanding of these rights and responsibilities in the bankruptcy process, the debtor and the attorney agree as stated below. Reference to a debtor includes both Debtor 1 and Debtor 2 in a joint case. BEFORE THE PETITION IS FILED DEBTOR agrees to: 1. Discuss with the attorney the debtor's objectives in filing the bankruptcy case. 2. Inform the attorney of any and all prior bankruptcy cases filed by the debtor or a spouse. 3. Provide the attorney with accurate, complete information about the debtor's financial situation, including assets and debts, income and expenses, domestic support obligations such as alimony, child support, and divorce agreements, and the status of tax returns and payments. 4. Provide the names and addresses of creditors to be notified of the bankruptcy case and automatic stay, including any address where the creditor has requested correspondence and notices be sent (as opposed to addresses to send payments). 5. For the time period specified by the attorney, timely provide copies of: a. Pay stubs or other evidence of compensation received from an employer; b. All federal tax returns or transcripts of the returns; and c. All bills, notices, statements, or communications from creditors. ATTORNEY agrees to do the following personally: 1. Meet with the debtor to review the debtor's financial information and discuss the alternatives of filing a case under Chapter 7 or Chapter 13, as well as non-bankruptcy options. 2. Explain to the debtor the need to obtain credit counseling before filing the bankruptcy petition and to complete a debtor education course after filing the petition, and emphasize the difference to the debtor. 3. Explain to the debtor the matters in which the attorney will represent the debtor and describe the services that are being excluded. 4. Explain to the debtor the petition, schedules, statements, plan, and any other documents to be filed on the debtor's behalf and that they must be signed by the debtor under penalty of perjury. American LegalNet, Inc. www.FormsWorkFlow.com Debtor 1 _______________________________________________________ First Name Middle Name Last Name Case number (if known)_____________________________________ 5. If filed online, ensure that the debtor's original signature is obtained on the petition and any documents filed together with the petition before the petition is filed, and explain that the attorney must retain the originally signed documents (or digital copies thereof) for one year after the bankruptcy case is closed. 6. Prepare (or, if prepared by a member of the attorney's staff, review) the petition, schedules, statements, plan and plan motions to value collateral or to avoid liens to be filed with the petition. 7. Advise the debtor that, unless an extension is granted, a failure to file the required schedules, statements, and plan by certain deadlines may result in dismissal of the case with a 180-day bar to refiling. 8. Explain which payments will be made directly by the debtor and which payments will be made by the trustee to creditors through the plan, with particular attention to mortgage and vehicle loan or lease payments, as well as any other claims that accrue interest. 9. Explain that the debtor must make monthly plan payments to the trustee beginning 30 days after the petition is filed (even before the plan is confirmed). 10. Explain to the debtor how, when, and where to make the plan payments to the trustee, and discuss the availability of a wage order as a means to ensure timely plan payments. 11. Explain to the debtor how the fees of the attorney and the trustee will be paid, and provide to the debtor an executed copy of this Rights and Responsibilities of Chapter 13 Debtors and Attorneys. 12. Explain that the court will send a notice of the date, time, and location of the §341 meeting of creditors and advise the debtor of the requirement to attend the meeting and be questioned under oath. 13. Advise the debtor of the need to maintain liability, collision, and comprehensive insurance on vehicles securing loans or leases, and any appropriate insurance if the case involves a business. 14. Advise the debtor that failure to file current and any delinquent tax returns will prohibit confirmation of a plan, delay the case, and may result in dismissal of the case. 15. Advise the debtor that for each year during the bankruptcy case, the debtor must provide the Trustee with copies of all federal and state tax returns, or transcripts of the returns, and must turn over any tax refunds to the Trustee, or the case may be dismissed. 16. Advise the debtor that court approval is required for post-confirmation sales of real or personal property and any new debt exceeding $1,000. AFTER THE PETITION IS FILED DEBTOR agrees to: 1. Appear punctually at the § 341 meeting of creditors with a government issued photo ID, proof of Social Security number, proof of income, and financial documentation requested by the attorney or Trustee. 2. Timely make the required plan payments ­ including the turnover of tax refunds - to the Trustee, and timely pay any creditors being paid directly, such as mortgages and payments on car loans and leases. 3. Timely pay any domestic support obligations, such as alimony and child support. 4. Promptly inform the attorney if the debtor loses his or her job or has other financial problems, including missing payments to the Trustee, on a mortgage or other secured debt, or domestic support obligation. American LegalNet, Inc. www.FormsWorkFlow.com Debtor 1 _______________________________________________________ First Name Middle Name Last Name Case number (if known)_____________________________________ 5. Provide the Trustee annually w