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Rights And Responsibilities Agreement Between Chapter 13 Debtors And Their Attorneys MOW 2016-1.4 - Missouri
| Rights And Responsibilities Agreement Between Chapter 13 Debtors And Their Attorneys Form. This is a Missouri form and can be used in Western District Bankruptcy Court Federal . |
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MOW 2016-1.4 (8/07) IN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MISSOURI IN RE: ) ) ) ) ) ) Case No. Debtors. 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. 1. 2. BEFORE THE CASE IS FILED, YOU AGREE TO TIMELY: Discuss with your attorney your goals in filing the case. Cooperate with your attorney in preparing all required bankruptcy papers and documents, thoroughly reviewing drafts of documents, and advising your attorney of corrections needed. Provide your attorney with all documentation he or she requests, including but not 3. American LegalNet, Inc. www.FormsWorkflow.com limited to accurate 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 you prior to bankruptcy. 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. If another person is expected to contribute to your Chapter 13 case, proof of that person's income and ability to pay. 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. Proof of your identity and Social Security number. Some examples are your driver's license, passport, or other document containing your photograph. A record of your interest, if any, in an educational individual retirement account or a qualified State tuition program. 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. Any insurance policies requested by your attorney. Documents relating to any inheritance to which you are entitled. Documents relating to any legal action in which you are a party. b. c. d. e. f. g. h. i. j. II. 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: 2 American LegalNet, Inc. www.FormsWorkflow.com 1. Keep the chapter 13 trustee and your attorney informed of your current address and telephone number and employment status. Attend the § 341(a) meeting of creditors at the time(s) ordered. Make all required Chapter 13 plan payments on time. Sign a payroll deduction order, if one is required. 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. Inform your attorney of any wage garnishments, seizure of assets or liens that occur or continue after the filing of your bankruptcy case. 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. Inform your attorney of any change in a creditor's address or in the amount of any payment you are required to make. Keep records of all mortgage payments you make to secured creditors during the case. 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. Contact your attorney if any tax refunds are seized or are not received when expected. 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. 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. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. Provide on a timely basis all information or documentation requested by your 3 American LegalNet, Inc. www.FormsWorkflow.com attorney, including all information need
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