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Rights And Responsibilities Agreement Between Chapter 13 Debtors And Their Attorneys Form. This is a Missouri form and can be use in Bankruptcy Court Federal.
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Tags: Rights And Responsibilities Agreement Between Chapter 13 Debtors And Their Attorneys, MOW 2016-1.4, Missouri Federal, Bankruptcy Court
MOW 2016-1.4 (8/07)
IN THE UNITED STATES BANKRUPTCY COURT FOR THE
WESTERN DISTRICT OF MISSOURI
IN RE:
Debtors.
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Case No.
RIGHTS AND RESPONSIBILITIES AGREEMENT BETWEEN
CHAPTER 13 DEBTORS AND THEIR ATTORNEYS
It is important for persons who file a Chapter 13 bankruptcy case to understand their
rights and responsibilities. It is also important for them to know what their attorneys’
responsibilities are and the necessity of communicating openly with their attorneys to
make the case successful. Attorneys’ clients also are entitled to expect certain services to
be performed by their attorneys. In order to assure that clients and their attorneys
understand their rights and responsibilities in the bankruptcy process, the following
Rights and Responsibilities have been adopted by the Bankruptcy Court for the Western
District of Missouri. The signatures below indicate that the responsibilities outlined in
the agreement have been accepted by the Clients and their attorneys. Nothing in this
agreement is intended to modify, enlarge or abridge the rights and responsibilities of a
“debt relief agency,” as that term is defined and used in 11 U.S.C. § 101, et. seq.
Any attorney retained to represent you in a Chapter 13 case is responsible for representing
you on all matters arising in the case (unless otherwise agreed as to adversary proceedings
or otherwise ordered by the Court). The attorney may not withdraw from a bankruptcy
case in this District unless (a) the attorney and you agree to the attorney’s withdrawal and
another attorney enters the case on your behalf, or (b) the Court, after notice and a
hearing, approves an attorney’s motion for withdrawal or substitution of attorneys. When
appropriate, the attorney may apply to the Court for compensation that is additional to the
maximum initial fees set out in this agreement.
I.
BEFORE THE CASE IS FILED, YOU AGREE TO TIMELY:
1.
Discuss with your attorney your goals in filing the case.
2.
Cooperate with your attorney in preparing all required bankruptcy papers and
documents, thoroughly reviewing drafts of documents, and advising your attorney
of corrections needed.
3.
Provide your attorney with all documentation he or she requests, including but not
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limited to accurate copies of the following documents:
a.
b.
Proof of income you received from all sources in the 6-month period before
your case was filed. Some examples include paycheck stubs, Social
Security statements, worker’s compensation payments, income from rental
property, pensions, disability payments, self-employment income, child and
spousal support, and other payments. If you are self-employed or own a
business, you should provide report(s) disclosing monthly income and
expenses for the 6-month period before the filing date.
c.
If another person is expected to contribute to your Chapter 13 case, proof of
that person’s income and ability to pay.
d.
Copies of federal and state income tax returns, or transcripts of returns, for
the most recently ended tax year, as well as any other returns requested by
your attorney.
e.
Proof of your identity and Social Security number. Some examples are
your driver’s license, passport, or other document containing your
photograph.
f.
A record of your interest, if any, in an educational individual retirement
account or a qualified State tuition program.
g.
The name, address and telephone number of any person or state agency to
whom you owe back child or spousal support or make current child or
spousal support payments. Include all supporting documents for the
payments. Some examples of supporting documents are a court order, a
declaration of voluntary support payments, a separation agreement, a
divorce decree, and a property settlement agreement.
h.
Any insurance policies requested by your attorney.
i.
Documents relating to any inheritance to which you are entitled.
j.
II.
Certificate of Credit Counseling, together with the debt repayment plan, if
any, prepared by the nonprofit budget and credit counseling agency that
provided individual counseling services to you prior to bankruptcy.
Documents relating to any legal action in which you are a party.
AFTER THE CASE IS FILED, YOU AGREE TO TIMELY AND
PROMPTLY COMPLY WITH ALL APPLICABLE CHAPTER 13 RULES
AND PROCEDURES, INCLUDING BUT NOT LIMITED TO:
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1.
Keep the chapter 13 trustee and your attorney informed of your current address
and telephone number and employment status.
2.
Attend the § 341(a) meeting of creditors at the time(s) ordered.
3.
Make all required Chapter 13 plan payments on time.
4.
Sign a payroll deduction order, if one is required.
5.
Inform your attorney of any change in your marital status, the commencement of
any child support or spousal support obligation, or any change in any existing child
support or spousal support obligation.
6.
Inform your attorney of any wage garnishments, seizure of assets or liens that
occur or continue after the filing of your bankruptcy case.
7.
Contact your attorney if you lose your job, if your income increases, if you have
new or unexpected financial problems, or if you receive (or find out that you might
be entitled to receive) any money or property from an inheritance or legal action.
8.
Inform your attorney of any change in a creditor’s address or in the amount of any
payment you are required to make.
9.
Keep records of all mortgage payments you make to secured creditors during the
case.
10.
Provide copies of all federal and state tax returns or transcripts to your attorney
when requested, and pay over to your attorney or the trustee, as directed, the
nonexempt portion of any tax refunds.
11.
Contact your attorney if any tax refunds are seized or are not received when
expected.
12.
Contact your attorney if you are sued during the case or if you file a lawsuit or
intend to settle any dispute relating to events that occurred either before or after the
filing of your bankruptcy case.
13.
Contact your attorney before buying or selling any real estate, before buying or selling
any unencumbered personal property with a value of more than $2,500.00, or before
incurring any debt in excess of $2,500.00. Requests to incur debt of $2,500 or less may
be submitted directly to the Chapter 13 trustee.
14.
Provide on a timely basis all information or documentation requested by your
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attorney, including all information needed to respond to any motion or objection
seeking relief in your bankruptcy case.
15.
Provide your attorney with all documentation necessary to comply with any audit
request.
16.
Respond promptly to all communications from your attorney.
III.
BEFORE THE CASE IS FILED, YOUR ATTORNEY AGREES TO
PROVIDE ALL SERVICES NECESSARY FOR REPRESENTATION,
INCLUDING BUT NOT LIMITED TO:
Attorney will personally:*
1.
Meet with you to review your assets, liabilities, income, and expenses.
2.
Counsel you regarding the advisability of filing either a Chapter 13 or a Chapter 7
case, discuss bankruptcy procedures, and answer your questions.
3.
Review the completed bankruptcy petition, statements, schedules, and all
amendments with you.
4.
Explain to you that the attorney is being engaged to represent you on all matters
arising in the Chapter 13 case, and reach an agreement with you on whether the
attorney is to represent you in adversary proceedings that might be filed in the
case.
5.
Explain to you the attorney’s fees that are being charged in the case, how and
when those attorney’s fees are determined and paid, and whether additional fees
will be charged for representation in adversary proceedings that might be filed in
the case.
6.
Explain to you which payments must be made directly to creditors by you and
which payments will be made through the Chapter 13 plan.
7.
Explain to you how, when, and where to make the Chapter 13 plan payments.
8.
Explain to you how, when, and where to make your mortgage payments after the
bankruptcy case is filed.
9.
Advise you of the need to maintain appropriate insurance, such as homeowner’s
insurance on your home and liability, collision, and comprehensive insurance on
vehicles that are leased or are security for a loan.
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10.
Provide a fully signed copy of this agreement to you.
With the assistance of staff under his or her supervision, your attorney will:
11.
Verify the number and status of any prior bankruptcy case(s) filed by you or any
related entity.
12.
Timely prepare and file your petition, statements, schedules, required documents
and certificates, and all necessary amendments to these filings.
* The term “personally” means that the described service will be performed only by an
attorney who is a member in good standing of the Bar and admitted to practice before the
bankruptcy court. The service shall not be performed by a non-attorney even if that
individual is employed by the attorney and is under the direct supervision and control of
that attorney.
IV. AFTER THE CASE IS FILED, YOUR ATTORNEY AGREES TO PROVIDE
ALL SERVICES NECESSARY FOR REPRESENTATION, INCLUDING BUT
NOT LIMITED TO:
1.
Advise you of the requirement to attend the § 341(a) meeting of creditors and
inform you of the date, time, and place of the meeting. In the case of a joint filing,
inform you and your spouse that both of you must appear at the meeting.
2.
Inform you that you must be punctual for the § 341(a) meeting of creditors or the
meeting may be continued to a later date.
3.
Attend the § 341(a) meetings and any court hearings, either personally or through
another attorney from his or her firm or through an appearance attorney who has
been adequately briefed on the case.
4.
Advise you if an appearance attorney will stand in for him or her at the § 341(a)
meeting or any court hearing, and explain to you in advance, if possible, the role
and identity of the appearance attorney. In any event, it is your attorney’s
responsibility to adequately prepare the appearance attorney for the meeting or
hearing by providing all documents and information in sufficient time to allow for
proper representation of you.
5.
Serve the Chapter 13 plan on all creditors and other parties on a timely basis.
6.
Submit to the Chapter 13 trustee on a timely basis properly documented proof of
all sources of income for you.
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7.
Notify you on a timely basis if any pleading seeking relief against you is filed.
This notification shall specify a deadline by which you should contact your
attorney to discuss a response to the pleading and may state that if you do not
contact the attorney timely, such attorney may choose not to file a response. Such
notification should explain the potential consequences of not filing a response to
the pleading.
8.
If your attorney is contacted by you on a timely basis, as provided in paragraph 7,
such attorney will timely respond in an appropriate manner to any pleading
seeking relief against you.
9.
Prepare, file, and serve on a timely basis any necessary amended statements and
schedules and any change of address, based on information provided by you.
10.
Monitor all information filed in your case for accuracy and completeness,
including but not limited to reviewing the order of confirmation, the claims
register, and notices concerning the payment of claims, and promptly notify the
trustee of any problems or discrepancies.
11.
File objections to claims when appropriate.
12.
Prepare and file proofs of claim for creditors when appropriate.
13.
Prepare, file, and serve timely motions to modify the plan after confirmation, when
necessary.
14.
Explain to you that additional legal fees may be charged for filing or responding to
motions after confirmation, and explain that the fees for those services are set or
approved by the Court.
15.
Prepare, file, and serve motions to buy, sell, or refinance real estate or personal
property, when appropriate.
16.
Prepare, file, and serve any other motion that may be necessary to appropriately
represent you in the bankruptcy case, including but not limited to motions to
impose or extend the automatic stay, motions to avoid liens on real or personal
property, and motions to value the collateral of secured creditors.
17.
Respond promptly to your questions and communications throughout the term of
the plan, and provide all other legal services that are necessary for the
administration of the bankruptcy case.
18.
Unless otherwise agreed before the bankruptcy case is filed, your attorney will
represent you in adversary proceedings, including but not limited to objections to
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discharge and/or dischargeability.
19.
If your attorney has not been retained to represent you in adversary proceedings,
and an adversary proceeding is then filed against you, the attorney will explain to
you the estimated cost of providing representation in the adversary proceeding,
the risks and consequences of an adverse judgment, and the risks and
consequences of proceeding without counsel.
20.
Advise you of the requirement to complete an instructional course in personal
financial management, and the consequences of not doing so.
21.
Represent you at a discharge hearing, if required.
22.
Represent you in connection with any audit request.
V.
ALLOWANCE AND PAYMENT OF ATTORNEYS’ FEES
The guidelines in this District for payment of attorneys’ fees in Chapter 13 cases without
a detailed fee application provide for maximum initial fees of $3,000 for legal services
provided up to confirmation of the Chapter 13 Plan. In this case, the parties agree that the
fee for these preconfirmation services will be $________, payable as follows:
________________________________________________________________________
____________________________________________________________________.
Such fee does/does not (circle the appropriate verb) include representation in adversary
proceedings. (If neither is circled, representation in adversary proceeding is included)
Fees for postconfirmation services are subject to court approval, based on the schedule
contained in Local Rule 2016-1, or based on actual time records submitted by the
attorney.
Other than the initial retainer, your attorney may not receive fees directly from you. All
other fees due shall be paid through the Chapter 13 Plan unless otherwise ordered by the
Court.
If you dispute the legal services provided or the fees charged by your attorney, you may
file an objection with the court. Should your attorney’s continued representation create a
hardship, such attorney may seek a court order allowing him or her to withdraw from the
case. Under Local Rule 2090-1, such attorney will not be allowed to withdraw until
another attorney enters the case, unless good cause is shown to permit the withdrawal.
Client’s Signature. By signing this agreement, you certify that you have read the
agreement and understand and agree to carry out the terms of the agreement to the best of
your ability, and that you have received a signed copy of the agreement.
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Attorney’s Signature. By signing this agreement, your attorney certifies that, before the
case was filed, he or she personally met with you and counseled and explained to you all
matters as required by this agreement.
_________________________________
Debtor
_________________________________
Date
_________________________________
Debtor
_________________________________
Date
_________________________________
Attorney
_________________________________
Date
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