Rights And Responsibilities Agreement Between Chapter 13 Debtors And Their Attorneys {2016-2(a)}

LOCAL BANKRUPTCY FORM 2016-2(a) IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: : : : : : : CHAPTER 13 CASE NO. -bk- Debtor(s) RIGHTS AND RESPONSIBILITIES AGREEMENT BETWEEN CHAPTER 13 DEBTORS AND THEIR ATTORNEYS It is important for persons who file for bankruptcy under Chapter 13 to understand their rights and responsibilities. It is also important for them to know what their attorneys' responsibilities are and to appreciate the necessity of communicating openly with their attorneys to achieve successful results. These clients are entitled to expect certain services to be performed by their attorneys. The following Rights and Responsibilities Agreement has been adopted by the Bankruptcy Court for the Middle District of Pennsylvania. By signing this Rights and Responsibilities Agreement, attorneys and their clients accept the responsibilities outlined in this Agreement. Under the rules of the Bankruptcy Court an attorney who files a bankruptcy case or who appears on behalf of a client filing for bankruptcy, other than as special counsel, is required to represent the client throughout the case, unless the client hires a new attorney or decides to represent himself or herself. However, an attorney may ask the Bankruptcy Court for permission to withdraw from a case. An attorney may request the Bankruptcy Court to approve additional fees, beyond those described in the Agreement, but only after the client has been given an opportunity to object and Court approval is obtained. NOTICE TO ATTORNEYS: Attorneys have additional responsibilities which are imposed by the Bankruptcy Code and the Rules of Professional Conduct. NOTICE TO CLIENTS: Your attorney may be unable to provide the services described in this Agreement if you do not provide accurate and complete information promptly and if you do not cooperate with your attorney during your case. BEFORE THE CASE IS FILED: You agree to: 1. Provide your attorney with complete and accurate financial information, as promptly as possible, including any forms your attorney asks you to complete and copies of any documents that have been requested. American LegalNet, Inc. www.FormsWorkFlow.com 2. 3. Discuss your financial goals with your attorney. Review all documents prepared by your attorney, advise your attorney about any necessary corrections or additions, and ask for explanations of any statements that you do not understand. Your attorney agrees to: 1. 2. Meet with you to review your debts, assets, liabilities, income, and expenses. Discuss with you alternatives to bankruptcy, credit counseling, and the availability of relief under other chapters of the Bankruptcy Code. Make all the disclosures required of your attorney as a debt relief agency. Discuss the terms under which your attorney will represent you and prepare a written agreement describing the fee arrangement, including how your attorney will be paid. Explain the expenses, in addition to attorneys fees, that will be incurred or may be incurred by you and how they must be paid. Explain to you which payments must be made directly to creditors and which payments must be made to the Chapter 13 trustee. Explain to you where to submit Chapter 13 plan payments, when to begin making payments, and the day of the month payments are due. Explain to you the importance of insuring that your attorney is informed as to all changes in your contact information, including your phone number, mailing address, any email address, and place of employment. Explain to you the consequences of failing to make direct payments to creditors, such as mortgage and auto payments, and failing to make payments to the Chapter 13 trustee. Advise you concerning your obligation to attend the meeting of creditors. Advise you of the necessity of maintaining appropriate insurance, such as homeowner's insurance and liability, collision, and comprehensive insurance on vehicles. Timely prepare, file, and serve the bankruptcy petition, as well as statements, schedules, the plan, and other required documents and certificates, unless these documents are filed after the petition as permitted under the Bankruptcy Rules. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. AFTER THE CASE IS FILED: You agree to: 1. Begin making plan payments to the Chapter 13 trustee as instructed by your attorney. 2 American LegalNet, Inc. www.FormsWorkFlow.com 2. Attend the meeting of creditors and any other court proceeding for which you receive notice unless informed by your attorney that your presence is not necessary. Review and comply with notices you receive from the Court and respond to communications from your attorney. Keep your attorney and the Chapter 13 trustee informed of any changes to your contact information, including phone numbers and mailing addresses. Keep your attorney informed of any significant changes in your situation, including job loss or layoff, significant health problems requiring absence from work, and divorce or separation. Inform your attorney immediately if contacted by a creditor or if any action is taken against any of your assets or against you. Contact your attorney before buying, selling, or refinancing major assets such as a home or vehicle. Promptly provide copies of all documents requested by your attorney. Reimburse your attorney for all fees paid to third parties and charges advanced on your behalf (for example, credit counseling fees or credit report charges) unless your attorney agrees that these amounts will be paid through the plan. 3. 4. 5. 6. 7. 8. 9. The attorney agrees to provide all services necessary for representation and specifically to: 1. Submit to the Chapter 13 trustee properly documented proof of all sources of income and most recently filed tax return for you. Appear at the meeting of creditors with you. Respond to objections to plan confirmation and, where necessary, prepare an amended plan. Prepare, file, and serve all statements, schedules, and the plan (if not filed with the petition) as well as any required amendments to any of these documents. Prepare, file, and serve motions to buy, sell, or refinance real estate or personal property. Review the file to ascertain if all required tax returns were filed and obtain and file the PreConfirmation Certification. Obtain the Domestic Support Obligation Certification, if necessary, and forward it to the Chapter 13 trustee. Attempt to obtain all secured Proofs of Claim, and/or prepare and file Proofs of Claim on behalf of