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Rights And Responsibilities Of Chapter 13 Debtors And Attorneys hib 2016-1g1 - Hawaii
| Rights And Responsibilities Of Chapter 13 Debtors And Attorneys Form. This is a Hawaii form and can be used in Chapter 13 Bankruptcy Court Federal . |
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Filer's Name, Address, Phone, Fax, Email: UNITED STATES BANKRUPTCY COURT DISTRICT OF HAWAII 1132 Bishop Street, Suite 250 Honolulu, Hawaii 96813 hib_2016-1g1 (12/09) Debtor: Joint Debtor: (if any) Case No.: Chapter 13 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 a joint debtor, if any. 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. 3. Timely 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. For the pre-bankruptcy period specified by the attorney, timely provide copies of: a. Pay stubs or other evidence of payment 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: 1. Personally meet with the debtor to review the debtor's financial information. 2. Personally counsel the debtor regarding the advisability of filing either a Chapter 7 or Chapter 13 case, discuss both procedures with the debtor as well as non-bankruptcy options, and answer the debtor's questions. 3. Personally explain to the debtor the requirement for obtaining budget and credit counseling from an approved agency prior to filing the bankruptcy petition and the need to file a certificate issued by the agency. 4. Personally explain to the debtor the requirement to complete a personal financial management course before a discharge may be granted. 5. Personally explain to the debtor the matters in which the attorney will represent the debtor. 6. Personally review with the debtor and obtain the debtor's signature on the completed petition, schedules, statements, and plan, or Declaration re: Electronic Filing if the documents are filed via ECF. (Clerical or paralegal staff may prepare the documents, but the attorney must perform the review.) American LegalNet, Inc. www.FormsWorkFlow.com 7. Timely prepare and file on the debtor's behalf the completed petition, schedules, statements (including the Statement of Current Monthly Income and Calculation of Commitment Period and Disposable Income), plan with related motions to value collateral or to avoid liens, and any amendments before or after the petition is filed. 8. Personally advise the debtor that, unless an extension is granted, a failure to file the schedules, statements and plan by certain deadlines may result in dismissal of the bankruptcy case with a 180-day bar to refiling. 9. Personally explain which payments will be made directly by the debtor and which payments will be made through the plan, with particular attention to mortgage and vehicle loan or lease payments, as well as any other claims which accrue interest. 10. Personally explain to the debtor how, when, and where to make the Chapter 13 plan payments, and discuss the availability of a wage order as a means to ensure payments to the Trustee. 11. Personally explain to the debtor that the plan payment must be made to the trustee monthly beginning 30 days after the petition is filed. 12. Personally explain to the debtor how the attorney's fees and the trustee's fees are paid and provide an executed copy of this document to the debtor. 13. Personally advise the debtor of the requirement to attend the § 341 meeting of creditors, and instruct the debtor as to the date, time and place of the meeting and other information which will be sent by the court in the notice of the commencement of the case. 14. Personally advise the debtor of the necessity of maintaining liability, collision and comprehensive insurance on vehicles securing loans or leases, and appropriate insurance if the case involves a business. 15. Personally advise the debtor that failure to file current and delinquent tax returns will prohibit confirmation of a plan, delay the case, and may result in dismissal of the case. 16. Personally advise the debtor of the requirement to provide the Trustee with a copy of each federal tax return, or transcript of the return, for each tax year during the bankruptcy case. 17. Personally advise the debtor that a failure to be current on domestic support obligations will prohibit confirmation of the plan and delay the case. 18. Personally advise the debtor that court approval is required for post-confirmation sales of real or personal property and incurring new debt that exceeds $1,000. AFTER THE PETITION IS FILED Debtor agrees to: 1. Appear punctually at the § 341 meeting of creditors with recent proof of income, a photo identification card, proof of Social Security number, and any financial documentation as requested by the attorney or the Trustee. 2. Timely make the required payments to the Trustee and to any creditors being paid directly. 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. 5. Provide the Trustee annually with copies of the most recent federal tax return and updated schedules "I" and "J" for income and expenses, and a statement of monthly income that shows how income, expenditures, and monthly income are calculated. 6. Keep the trustee and the attorney informed of the debtor's current address and telephone number. 7. Inform the attorney of any wage garnishments or attachments of assets which occur or continue after the filing of the case. 8. Inform the attorney if the debtor is sued or wishes to file a lawsuit during the case. American LegalNet, Inc. www.FormsWorkFlow.com 9. Contact the attorney before buying, refinancing, or selling real property and before entering into any long-term
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