Rights And Responsibilities Of Chapter 7 Debtors And Their Attorney | Pdf Fpdf Doc Docx | California

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Rights And Responsibilities Of Chapter 7 Debtors And Their Attorney | Pdf Fpdf Doc Docx | California

Last updated: 5/30/2015

Rights And Responsibilities Of Chapter 7 Debtors And Their Attorney

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Revised: 01/24/13 Name, Address, Telephone No. & I.D. No. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA 325 West "F" Street, San Diego, California 92101-6991 In Re BANKRUPTCY NO. Last four digits of Soc.Sec. or Individual-Taxpayer I.D.(ITIN)/Complete EIN: Debtor. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA RIGHTS AND RESPONSIBILITIES OF CHAPTER 7 DEBTORS AND THEIR ATTORNEY In order for debtors and their attorneys to understand their rights and responsibilities in the bankruptcy process, the following terms of engagement are hereby agreed to by the parties. Nothing in this agreement should be construed to excuse an attorney from any ethical duties or responsibilities under Federal Rule of Bankruptcy Procedure 9011 and the Local Bankruptcy Rules. I. Services Included in the Initial Fee Charged The following are services that an attorney must provide as part of the initial fee charged for representation in a Chapter 7 case: 1. 2. 3. Meet with the debtor to review the debtor's assets, liabilities, income and expenses. Analyze the debtor's financial situation, and render advice to the debtor in determining whether to file a petition in bankruptcy. Describe the purpose, benefits, and costs of the Chapters the debtor may file, counsel the debtor regarding the advisability of filing either a Chapter 7, 11 or 13 case, and answer the debtor's questions. Advise the debtor of the requirement to attend the Section 341(a) Meeting of Creditors, and instruct the debtor as to the date, time and place of the meeting. Advise the debtor of the necessity of maintaining liability, collision and comprehensive insurance on vehicles securing loans or leases. American LegalNet, Inc. www.FormsWorkFlow.com 4. 5. 6. 7. 8. 9. 10. 11. 12. Timely prepare, file and serve, as required, the debtor's petition, schedules, Statement of Financial Affairs, and any necessary amendments to Schedule C. Provide documents pursuant to the Trustee Guidelines and any other information requested by the Chapter 7 Trustee or the Office of the United States Trustee. Provide an executed copy of the Rights and Responsibilities of Chapter 7 Debtors and their Attorneys to the debtor. Appear and represent the debtor at the Section 341(a) Meeting of Creditors, and any continued meeting, except as further set out in Section II. File the Certificate of Debtor Education if completed by the debtor and provided to the attorney before the case is closed. Attorney shall have a continuing obligation to assist the debtor by returning telephone calls, answering questions and reviewing and sending correspondence. Respond to and defend objections to claim(s) of exemption arising from attorney error(s) in Schedule C. II. Services Included as Part of Chapter 7 Representation, Subject to an Additional Fee The following are services, included as part of the representation of the debtor, for which the attorney may charge additional fees: 1. 2. 3. 4. 5. 6. 7. 8. 9. Representation at any continued meeting of creditors due to client's failure to appear or failure to provide required documents or acceptable identification; Amendments, except that no fee shall be charged for any amendment to Schedule C that may be required as a result of attorney error; Opposing Motions for Relief from Stay; Reaffirmation Agreements and hearings on Reaffirmation Agreements; Redemption Motions and hearings on Redemption Motions; Preparing, filing, or objecting to Proof of Claims, when appropriate, and if applicable; Representation in a Motion to Dismiss or Convert debtor's case; Motions to Reinstate or Extend the Automatic Stay; Negotiations with Chapter 7 Trustee in aid of resolving nonexempt asset, turnover or asset administration issues. 2 American LegalNet, Inc. www.FormsWorkFlow.com III. Additional Services Not Included in the Initial Fee Which Will Require a Separate Fee Agreement The following services are not included as part of the representation in a Chapter 7 case, unless the attorney and debtor negotiate representation in these post-filing matters at mutually agreed upon terms in advance of any obligation of the attorney to render services. Unless a new fee agreement is negotiated between debtor and attorney, attorney will not be required to represent the debtor in these matters: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Defense of Complaint to Determine Non-Dischargeability of a Debt or filing Complaint to Determine Dischargeability of Debt; Defense of a Complaint objecting to discharge; Objections to Claim of Exemption, except where an objection arises due to an error on Schedule C; Sheriff levy releases; Section 522(f) Lien Avoidance Motions; Opposing a request for, or appearing at a 2004 examination; All other Motions or Applications in the case, including to Buy, Sell, or Refinance Real or other Property; Motions or other proceedings to enforce the automatic stay or discharge injunction; Filing or responding to an appeal; An audit of the debtor's case conducted by a contract auditor pursuant to 28 U.S.C. Section 586(f). IV. Duties and Responsibilities of the Debtor As the debtor filing for a Chapter 7 bankruptcy, you must: 1. 2. 3. 4. 5. Fully disclose everything you own, lease, or otherwise believe you have a right or interest in prior to filing the case; List everyone to whom you owe money, including your friends, relatives or someone you want to repay after the bankruptcy is filed; Provide accurate and complete financial information; Provide all requested information and documentation in a timely manner, in accordance with the Chapter 7 Trustee Guidelines; Cooperate and communicate with your attorney; 3 American LegalNet, Inc. www.FormsWorkFlow.com 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. Discuss the objectives of the case with your attorney before you file; Keep the attorney updated with any changes in contact information, including email address; Keep the attorney updated on any and all collection activities by any creditor, including lawsuits, judgments, garnishments, levies and executions on debtor's property; Keep the attorney updated on any changes in the household income and expenses; Timely file all statutorily required tax returns; Inform the attorney if there are any pending lawsuits or rights to pursue any lawsuits; Appear at the Section 341(a) Meeting of Creditors, and any continued Meeting of Creditors; Bring proof of social security number and government issued photo identification to the Section 341(a) Meetin

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