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Rights And Responsibilities Agreement Between Chapter 13 Debtors And Their Attorneys F 3015-1.7.RARA - California
| Rights And Responsibilities Agreement Between Chapter 13 Debtors And Their Attorneys Form. This is a California form and can be used in 1010-1 Thru F 9075-1 Local USBC Central Federal . |
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Attorney for Debtor Name, Address, Telephone & FAX Nos., State Bar No. & Email Address FOR COURT USE ONLY UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA - **SELECT DIVISION** In re: CASE NO.: CHAPTER 13 RIGHTS AND RESPONSIBILITIES AGREEMENT BETWEEN CHAPTER 13 DEBTORS AND THEIR ATTORNEYS Debtor(s). It is important for Debtors who file a chapter 13 bankruptcy case to understand their rights and responsibilities. It is also important for Debtors to know what their attorneys' responsibilities are and to communicate carefully with their attorneys to make the case successful. Debtors also are entitled to expect certain services to be performed by their attorneys. In order to assure that Debtors and their attorneys understand their rights and responsibilities in the bankruptcy 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 the Debtors 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 a Debtor in a chapter 13 case is responsible for representing the Debtor on all matters arising in the case, other than adversary proceedings, unless otherwise ordered by the court. The attorney may not withdraw absent a consensual withdrawal or substitution of counsel or approval by the court of a motion for withdrawal or substitution of counsel considered after notice and a hearing. When appropriate, the attorney may apply to the court for compensation additional to the maximum initial fees set forth below in this agreement. This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. February 2012 Page 1 F 3015-1.7.RARA BEFORE THE CASE IS FILED, THE DEBTOR AGREES TO: 1. 2. 3. Discuss with the attorney the Debtor's objectives in filing the case. Timely provide the attorney with accurate information, financial and otherwise. Timely provide the attorney with all documentation requested by the attorney, including but not limited to, true and correct copies of the following documents*: a. 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 the debtor prior to bankruptcy. Proof of income from all sources received during the period of 7 months before the date of the filing of the petition, including but not limited to paycheck stubs, Social Security statements, worker's compensation, rental, pension, disability, and self-employment income, and other payment advices. For businesses, the Debtor should provide report(s) disclosing monthly income and expenses for the period of 6 months before the date of the filing of the petition. Proof of ability to pay from any person contributing income to the case. Federal and state income tax returns, or transcripts of such returns, for the most recent tax year ending immediately before the commencement of the case. Proof of the debtor's identity, including a driver's license, passport, or other document containing a photograph of the debtor. A record of the debtor's interest, if any, in an educational individual retirement account or under a qualified State tuition program. The name, address and telephone number of any person or state agency to whom the Debtor owes back child or spousal support, the name, address and telephone number of any person or state agency to whom the Debtor makes current child or spousal support payments and all supporting documents for the child or spousal support payments. Examples of supporting documents are a court order, declaration of voluntary support payments, separation agreement, divorce decree and a property settlement agreement. Insurance policies owned by the debtor, including homeowner's insurance, business insurance, automobile insurance, fire insurance, flood insurance, earthquake insurance, and credit life insurance. All documents submitted to the attorney must be copies as the documents will not be returned to the Debtor. b. c. d. e. f. g. h. * AFTER THE CASE IS FILED, THE DEBTOR AGREES TO: 1. 2. Timely make the required monthly payments. Comply with the chapter 13 rules and procedures. This form is mandatory. It has been approved for use by the United States Bankruptcy Court for the Central District of California. February 2012 Page 2 F 3015-1.7.RARA 3. Keep the chapter 13 trustee and attorney informed of the Debtor's current address and telephone number, and the Debtor's employment status. Sign a payroll deduction order, if one is required. Inform the attorney of any change in the Debtor's marital status, the commencement of any child support or spousal support obligation, or a change in any existing child support or spousal support obligation. Inform the attorney of any wage garnishments or liens or levies on assets that occur or continue after the filing of the case. Contact the attorney promptly if the Debtor loses his or her job, encounters other new or unexpected financial problems, if the Debtor's income increases, or if the Debtor receives, or learns of the right to receive, money or other proceeds of an inheritance or legal action. Timely inform the attorney of any change in a creditor's address or payment amount. Keep records of all mortgage, vehicle and personal property payments made to all secured creditors during the case. Provide the attorney with any federal tax returns or transcripts requested pursuant to 11 U.S.C. § 521(f). Contact the attorney promptly if the Debtor is sued during the case or if the Debtor commences a lawsuit or intends to settle any dispute. Inform the attorney if any tax refunds to which the Debtor is entitled are seized or not received when expected by the Debtor from the IRS or Franchise Tax Board. Contact the attorney promptly before buying, refinancing, or selling real property, and before incurring substantial additional debt. Pay directly to the attorney any filing fees. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. BEFORE THE CASE IS FILED, THE ATTORNEY AGREES TO PROVIDE AT LEAST THE FOLLOWING LEGAL SERVICES: As used herein, the term "Personally" means that the described service shall be performed only by an attorney who is a member in good st
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