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Rights And Responsibilities Of Chapter 13 Debtors And Their Attorrneys (Cleveland) - Ohio

Rights And Responsibilities Of Chapter 13 Debtors And Their Attorrneys (Cleveland) Form. This is a Ohio form and can be used in USBC Northern Federal .
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EXHIBIT A TO ADMINISTRATIVE ORDER 07-2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF OHIO In Re: Debtor(s) ) ) ) ) Chapter 13 Case No. Bankruptcy Judge RIGHTS AND RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND THEIR ATTORNEYS Chapter 13 gives debtors important rights, such as the right to keep property that could otherwise be lost through repossession or foreclosure ­ but Chapter 13 also places responsibilities on debtors, such as the responsibility to make a complete and truthful disclosure of their financial situation. 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. It is also important for debtors to know the costs of attorney's fees through the life of the plan. In order to ensure that debtors and their attorney understand their rights and responsibilities in the bankruptcy process, the debtors and their counsel hereby agree to the following guidelines provided by the United States Bankruptcy Court for the Northern District of Ohio at Cleveland: A. Before the case is filed: The debtor agrees to: 1. Provide the attorney with accurate, and, to the best of the debtor's ability, complete financial information. 2. Discuss with the attorney the debtor's objectives in filing the case. 3. Keep all scheduled meetings and/or appointments, both with the attorney and with other parties to the case. 4. Respond to all attorney requests as soon as possible. American LegalNet, Inc. www.FormsWorkFlow.com 5. Provide the attorney with a working telephone number or other form of communication. 6. Obtain credit counseling from an approved nonprofit budget credit counseling agency during the 180-day period preceding the date of the petition or provide the attorney with accurate information to prepare a certificate of exigent circumstances, as required by 11 U.S.C. § 109(h). 7. Inform the attorney about any pending lawsuits brought by or against the debtor and any claims the debtor may have against third parties. The attorney agrees to: 1. Personally meet with the debtor to review the debtor's assets, liabilities, income, and expenses. 2. Counsel the debtor regarding the advisability of filing either a Chapter 7 or Chapter 13 case, discuss both procedures with the debtor, and answer the debtor's questions. 3. Explain what payments will be made directly by the debtor to a creditor, such as mortgages, adequate protection, and vehicle lease payments, and what payments will be made through the Chapter 13 plan. 4. Explain to the debtor how, when, and where to make the required Chapter 13 plan payments and that the first month's plan payment must be made to the Trustee within thirty (30) days of the date the case is filed with the Court. 5. Explain to the debtor how the attorney's fees and Trustee's fees are paid, and provide an executed copy of this document to the debtor. 6. Advise and assist the debtor in complying with the credit counseling requirements of 11 U.S.C. § 109(h). 7. Advise the debtor of the requirement to attend the §341 Meeting of Creditors and to bring to the meeting a valid, unexpired picture identification and proof of social security number. 8. Advise the debtor of the necessity of maintaining liability, collision, and comprehensive insurance on vehicles owned or leased by the debtor. American LegalNet, Inc. www.FormsWorkFlow.com 9. Advise the debtor of the necessity of maintaining insurance on any real property that the debtor may own. 10. Timely prepare and file the debtor's petition, plan, statements, schedules, Form B22C, and all documents required by 11 U.S.C. § 521, as well as any required amendments thereto. 11. Advise the debtor as to his/her eligibility for a bankruptcy discharge. 12. Advise the debtor in writing if the attorney does not maintain professional liability (malpractice) insurance of at least $100,000 per occurrence and $300,000 in the aggregate, pursuant to Rule 1.4 of the Ohio Rules of Professional Conduct and Northern District of Ohio Local Civil Rule 83.5. B. After the case is filed: The debtor agrees to: 1. Keep the Trustee and the attorney informed as to debtor's current address and telephone number. 2. Timely make all Chapter 13 payments to the Chapter 13 Trustee. 3. Timely make all post-petition payments to the mortgage company and any other creditors that the debtor has agreed to pay directly, and, if appropriate, maintain proper insurance coverage and timely pay post-petition tax obligations. 4. Cooperate with the attorney in preparing all pleadings and attending all hearings as required. 5. Prepare and file all delinquent federal, state, and local tax returns within 30 days, and thereafter file all required tax returns in a timely manner. 6. Promptly inform the attorney of any wage garnishments or attachments of assets which occur or continue to occur after the filing of the case. 7. Let the attorney know if the debtor is sued at any time during the case. 3 American LegalNet, Inc. www.FormsWorkFlow.com 8. Contact the attorney regarding any changes in employment, increases or decreases in income, or any other financial problems or changes. 9. Cooperate with the attorney and the Trustee in timely producing any financial or supporting documents requested by the attorney or the Trustee. 10. Contact the attorney to find out what approvals are required before buying, refinancing, or selling real property, or before entering into any long-term loan or lease agreements. 11. Complete an instruction course concerning personal financial management, as required by 11 U.S.C. § 1328(g). The attorney agrees to: 1. Continue to represent the debtor through the conclusion of the case, whether by dismissal or discharge, unless removed as counsel by order of the Court. 2. Instruct the debtor as to the date, time, and location of the §341 Meeting of Creditors, and appear at the §341 Meeting of Creditors with the debtor. 3. Respond to objections to plan confirmation, and, when necessary, prepare an amended plan. 4. Prepare, file, and serve necessary plan modifications which may include suspending, decreasing, or increasing plan payments. 5. Prepare, file, and serve necessary amended statements and schedu
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