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Rights And Responsibilities Agreement Between Chapter 13 Debtors And Their Attorneys Form. This is a California form and can be use in USBC Central Federal.
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Tags: Rights And Responsibilities Agreement Between Chapter 13 Debtors And Their Attorneys, F 3015-1.7.RARA, California Federal, USBC Central
223Bankruptcy Code224 and 22311 U.S.C.224 refer to the United States Bankruptcy Code, Title 11 of the United States Code. 223FRBP224 refers to the Federal Rules of Bankruptcy Procedure. 223LBR224 and 223LBRs224 refer to the Local Bankruptcy Rule(s) of this court. This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2017 Page 1 F 3015-1.7.RARA Attorney for Debtor Name, Address, Telephone & FAX Numbers, State Bar Number & Email Address FOR COURT USE ONLY UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - DIVISION In re: Debtor(s). CASE NUMBER: CHAPTER 13 RIGHTS AND RESPONSIBILITIES AGREEMENT BETWEEN DEBTOR AND ATTORNEY FOR DEBTOR IN A CHAPTER 13 CASE (RARA) [LBR 3017-1(v)] TO DEBTOR (INCLUDING BOTH DEBTOR 1 AND DEBTOR 2 IF THIS IS A JOINT CASE): It is important for a Debtor who files a Chapter 13 bankruptcy case to understand his or her rights and responsibilities. It is also important for a Debtor to know what the attorney222s responsibilities are and to communicate carefully with the attorney to make the case successful. A Debtor is also entitled to expect certain services to be performed by the attorney. In order to assure that Debtor and the attorney understand their rights and responsibilities in the Chapter 13 process, the following rights and responsibilities have been adopted by the court. The signatures below indicate that the responsibilities outlined in the agreement have been accepted by Debtor(s) and the attorney. Nothing in this agreement is intended to modify, enlarge or abridge the rights and responsibilities of a 223debt relief agency,224 as that term is defined and used in 11 U.S.C. 247101, et seq . Once an attorney is retained to represent a Debtor in a Chapter 13 case, the attorney is responsible for representing Debtor on all matters arising in the case, other than adversary proceedings, unless otherwise ordered by the court. (Once retained, the attorney is referred to as Attorney for Debtor, or Attorney.) Attorney may not withdraw absent consent of Debtor for withdrawal or substitution of counsel and/or approval by the court of a motion for withdrawal or substitution of counsel considered after notice and a hearing. When This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2017 Page 2F 3015-1.7.RARA appropriate, Attorney may apply to the court for compensation additional to the maximum initial fees set forth below in this agreement. BEFORE THE CASE IS FILED, DEBTOR AGREES TO: 1.Discuss with Attorney why the case is being filed. 2.Timely provide Attorney with accurate information, financial and otherwise. 3.Timely provide Attorney with all documentation requested by Attorney, including but not limited to, trueand correct copies of the following documents*: a.Certificate of Credit Counseling, together with the debt repayment plan, if any, prepared by thenonprofit budget and credit counseling agency that provided individual counseling services toDebtor prior to bankruptcy. b.Proof of income from all sources received during the period of six (6) months before the date ofthe filing of the petition, including but not limited to paycheck stubs, Social Security statements,worker222s compensation, rental, pension, disability, and self-employment income, and other paymentadvices. For businesses, Debtor should provide report(s) disclosing monthly income and expensesfor the period of 6 months before the date of the filing of the bankruptcy petition for businesses withannualized gross income of less than $120,000 and 12 months of monthly income and expenses forbusinesses with annualized gross income of $120,000 or more. c.Proof of ability to pay from any person contributing financial assistance to Debtor in the case,including a declaration with copies of paystubs or other deposits or checks to show the person222s abilityto make the contribution. d.Federal and state income tax returns, or transcripts of such returns, for the most recent tax yearending immediately before the commencement of the case. e.Proof of debtor222s identity, including a driver222s license, passport, or other document containing aphotograph of Debtor. Also proof of Debtor222s Social Security number or Individual Tax IdentificationNumber (ITIN). f.A record of Debtor222s interest, if any, in an educational individual retirement account or under aqualified State tuition program. g.The name, address and telephone number of any person to whom Debtor owes back child orspousal support, the name, address and telephone number of any person to whom Debtor makescurrent child or spousal support payments and all supporting documents for the child or spousalsupport payments. Examples of supporting documents are a court order, declaration of voluntarysupport payments, separation agreement, marital dissolution or divorce decree and a propertysettlement agreement. h.Insurance policies owned by Debtor, including homeowner222s insurance, business insurance,automobile insurance, fire insurance, flood insurance, earthquake insurance, and credit lifeinsurance. *All documents submitted to Attorney must be copies as the documents will not be returned toDebtor. This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. December 2017 Page 3F 3015-1.7.RARA AFTER THE CASE IS FILED, DEBTOR AGREES TO: 1.Timely make the required monthly payments. 2.Comply with the Chapter 13 rules and procedures. 3.Keep the Chapter 13 Trustee and Attorney informed of Debtor222s current address and telephonenumber, and Debtor222s employment status. 4.Sign a payroll deduction order, if one is required. 5.Inform Attorney of any change in Debtor222s marital status, the commencement of any child supportor spousal support obligation, or a change in any existing child support or spousal support obligation. 6.Inform Attorney of any wage garnishments or liens or levies on assets that occur or continue after thefiling of the case. 7.Contact Attorney promptly if Debtor loses his or her job, encounters other new or unexpected financialproblems, if Debtor222s income increases, or if Debtor receives, or learns of the right to receive, money orother proceeds of an inheritance or legal action. 8.Timely inform Attorney of any change in a creditor222s address or payment amount. 9.Keep records of all mortgage, vehicle and personal property payments made to all secured creditorsduring the case. 10.Provide Attorney with any federal tax returns or transcripts requested pursuant to 11 U.S.C. 247 521(f). 11.Contact Attorney promptly if Debtor is sued during the case or if Debtor commences a lawsuit orintends to settle any dispute. 12.Inform Attorney if any tax refunds to which Debtor is entitled are seized or not received whenexpected by Debtor from the IRS or Franchise Tax Board. 13.Contact Attorney promptly before buying, refinancing, or selling real property, and before incurringsubstantial additional debt such as for the purchase of a car. 14.Pay directly to Attorney any court filing fees. 15.Cooperate with Attorney to identify and preserve electronically stored information (ESI). BEFORE THE CASE IS FILED, ATTORNEY AGREES TO PROVIDE AT LEAST THE FOLLOWING LEGAL SERVICES FOR THE BASE FEE AGREED TO WITH DEBTOR: As used herein, the term 223Personally224 means that the described service must be performed only by an attorney who is a member in good standing of the State Bar of California and admitted to practice before this court. The service must not be performed by a non-attorney even if such individual is employed by the attorney and under the direct supervision and control of such attorney. 1.Personally meet with Debtor to review Debtor's assets, liabilities, income, and expenses. 2.Personally counsel Debtor regarding the advisability of filing either a Chapter 13 or aChapter 7 bankruptcy case, discuss both procedures with Debtor, and answer Debtor's questions.This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central Distric