SF Division CH 13 Rights & Responsibilities 320 August 28, 2015 1 United States Bankruptcy Court Northern District of California San Francisco Division RIGHTS AND RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND THEIR ATTORNEYS It is important for debtors who file a bankruptcy case under Chapter 13 to understand their rights and responsibilities. It is also important that the debtors know what their attorney's responsibilities are, and understand the importance of communicating with their attorney to make the case successful. Debtors should also know that they may expect certain services to be performed by their attorney. In order to assure that debtors and their attorney understand their rights and responsibilities in the bankruptcy process, the following guidelines provided by the court are hereby agreed to by the debtors and their attorneys. Unless the Court orders otherwise, I. BEFORE THE CASE IS FILED A. The debtor agrees to: 1.Provide the attorney with accurate financial informationconcerning income and expenses, and assets and liabilities.2.Discuss with the attorney the debtor's objectives in filing thecase. B. The attorney agrees to perform the following 322Basic Services323: 1.Meet with the debtor to review the debtor's assets, liabilities,income, and expenses.2.Counsel the debtor regarding the advisability of filing either aChapter 7 or Chapter 13 case, discuss both procedures with thedebtor, and answer the debtor's questions.3.Advise the debtor of the requirement (and procedures involved)for obtaining a credit counseling certificate and completing thedebtor financial management course.4.Advise the debtor of the requirement for providing documentationon income and tax return filings.5.Explain what payments will be made directly by the debtor andwhat payments will be made through the debtor's Chapter 13 plan,with particular attention to mortgage and vehicle loan payments,as well as any other claims which accrue interest.6.Explain to the debtor how, when, and where to make the Chapter 13plan payments.7.Explain to the debtor how the attorney's fees and trustee's feesare paid and provide an executed copy of this document to thedebtor.8. American LegalNet, Inc. www.FormsWorkFlow.com SF Division CH 13 Rights & Responsibilities 320 August 28, 2015 2 9.Advise the debtor of the requirement to attend the 341 Meeting ofCreditors, and instruct the debtor as to the date, time and placeof the meeting.10.Advise the debtor of the necessity of maintaining liability,collision and comprehensive insurance on vehicles securing loansor leases.11.Timely prepare and file the debtor's petition, plan, statements andschedules.II.AFTER THE CASE IS FILEDA. The debtor agrees to:1.Keep the Chapter 13 trustee and attorney informed of the debtor'saddress, e-mail address and telephone number.2.Inform the attorney of any wage garnishments or attachments ofassets which occur or continue after the filing of the case.3.Inform the attorney promptly if the debtor loses his/her job orhas other financial problems.4.Inform the attorney if the debtor is sued during the case.5.Inform the attorney if any tax refunds the debtor is entitled toare seized or not returned to the debtor by the IRS or FranchiseTax Board.6.Inform the attorney before buying, refinancing, or selling realproperty or before entering into any long-term loan agreements,to find out what approvals are required.7.Pay directly to the attorney any filing fees and expenses thatmay be incurred.8.Inform the attorney about any loan modification applications,including requests for additional documents, and the grant ordenial or other action on any such application.B. The attorney agrees to provide the following Basic Services: 1.Appear at the 341 Meeting of Creditors with the debtor.2.Respond to objections to plan confirmation, and where necessary,prepare an amended plan.3.Prepare, file, and serve necessary modifications to the planwhich may include suspending, lowering, or increasing planpayments4.Prepare, file, and serve necessary amended statements andschedules, in accordance with information provided by the debtor.5.Prepare, file, and serve necessary motions to sell or refinancereal property when appropriate.6.Object to improper or invalid claims, if necessary, based upondocumentation provided by the debtor.7.Represent the debtor in motions for relief from stay.8.Represent the debtor in motions to dismiss or convert.9.Where appropriate, prepare, file, and serve necessary motions toavoid liens on real or personal property.10.Review debtor325s annual reports. American LegalNet, Inc. www.FormsWorkFlow.com SF Division CH 13 Rights & Responsibilities 320 August 28, 2015 3 11.Monitor debtors325 submission of annual tax returns to Chapter 13trustee.12.Respond to continuing creditor inquiries.13.Maintain contact with debtors regarding changes in financialsituations during Chapter 13 case.14.Assist with and ensure debtor325s submission of appropriatedeclarations and other requirements for obtaining discharge.15.In connection with any of debtor(s)325 loan modificationapplications, keep the Chapter 13 trustee up to date and amendthe Chapter 13 plan as appropriate.16.Provide such other legal services as are necessary for theadministration of the present case before the Bankruptcy Court.III.GUIDELINE FEESThe "Guidelines for Payment of Attorney's Fees in Chapter 13 Cases" (Effective August 15, 2015) for the San Francisco Division provide for maximum initial fees in the following amounts: $4,000 for Basic Services; and an additional: $850 if the case involves real property claims; $500 for each additional parcel of real property with an encumbrance of at least $10,000; $700 if the case involves unfiled tax returns or objections to claims of taxing agencies; $500 if the case involves vehicle loans or leases; $1,800 if the case involves an operating business; $300 if the debtor has twenty-five or more creditors; $800 if the case involves domestic support claims; $300 if the case involves student loans; $500 if the case involves Motions to Extend Stay; $600 if the case involves Motions to Avoid Lien as to Personal Property; $1,250 if the case involves Motions To Avoid Lien as to Real Property, in which case Counsel325s fee under this provision includes final disposition of the lien following completion of a confirmed plan; American LegalNet, Inc. www.FormsWorkFlow.com SF Division CH 13 Rights & Responsibilities 320 August 28, 2015 4 $2,500 for attorney325s fees and $100 for costs if the case involves entry into and completion of the Mortgage Modification Mediation Program (the 322MMM Program323).1 Additional fees for services rendered may be automatically approved upon application by Counsel, without requiring the submission of time records and without a hearing, as follows: (a) Plan modifications filed after one year from the petition date: $400; (b) Permission to resell or refinance real property (unless the order confirming the plan permits sale or refinance without an order of the court), or for one or more motions to avoid judicial lien(s): i.Not requiring court hearing: $300;ii.Requiring court hearing: $400;(c) New motions for relief from automatic stay, excluding unopposed motions, filed after one year from the petition date: i.Regarding personal property: $400;ii.Regarding real property: $700;(d) Motions to dismiss, convert, or reconvert (excluding Chapter 13 Trustee325s motions to dismiss regarding plan payments and also excluding unopposed motions: $450; (e) Assistance with preparation of tax returns: $200; (f) Motions for plan modifications filed by the Chapter 13 Trustee more than one year after the petition date based on trustee325s review of post-confirmation income, excluding unopposed motions: $400; (g) Chapter 13 Trustee325s motions to dismiss regarding plan payments filed more than one year after the petition date, but only if Counsel appears at the hearing, the motion is later withdrawn and the Debtor has not filed a motion to modify the plan: $200. IV.ADDITIONAL FEESAbsent unexpected and unusual circumstances, the Guideline Fees described in Part III are intended to be the only allowed compensation for all those