Chapter 13 Agreement Between Debtor And Counsel Rights And Responsibilities {8}

UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS ___________________________________ ) In re ) Chapter ) Case No. ) Debtor(s) ) __________________________________ ) CHAPTER 13 AGREEMENT BETWEEN DEBTOR AND COUNSEL RIGHTS AND RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND THEIR ATTORNEYS It is important for debtors who file bankruptcy cases under Chapter 13 t o understand theirrights and responsibilities. It is also useful for debtors to know what their attorneys responsibilities are,and understand the importance of communicating with their attorney to ma ke the case successful. Debtors should also know that they may expect certain services to be per formed by their attorney. Toencourage that debtors and their attorneys understand their rights and r esponsibilities in the bankruptcyprocess, the following terms are agreed to by the debtors and their atto rneys. BEFORE THE CASE IS FILED: The DEBTOR agrees to: 1. Provide the attorney with accurate financial information; and 2. Discuss with the attorney the debtors objectives in filing the case. The ATTORNEY agrees to: 1. Meet with the debtor to review the debtors debts, assets, income and expenses;<<<<<<<<<********>>>>>>>>>>>>> 2In re:_____________________________________ Case No.________________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 debtors ques tions;3. Explain what payments will be made through the plan, and what payments w ill be made directly by the debtor for mortgage and vehicle loan payments, as well as which c laims accrue interest;4. Explain to the debtor how, when, and where to make the Chapter 13 plan p ayments, as well as the debtors obligation to continue making mortgage payments, without interruption, and the likely consequences for failure to do so; 5. Explain to the debtor how the attorneys fees and trustees fees a re paid, and provide an executed copy of this document to the debtor; 6. Explain to the debtor that the first plan payment must be made to the Tr ustee within 30 days of the date the plan is filed; 7. Advise the debtor of the requirement to attend the 341 Meeting of Credit ors, and instruct debtor as to the date, time and place of the meeting; 8. Advise the debtor of the necessity of maintaining appropriate insurance on all real estate, motor vehicles and business assets; and 9. Timely prepare and file the debtors petition, plan and schedules. AFTER THE CASE IS FILED: The DEBTOR agrees to: 1. Keep the Trustee and attorney informed for the debtors address and t elephone number;2. Inform the attorney of any wage garnishments or attachments of assets wh ich occur or continue after the filing of the case; 3. Contact the attorney if the debtor loses his/her job or has other financ ial problems (the attorney may be able to have the Chapter 13 plan payments reduced or suspended in those circumstances), or alternatively obtains a material increase in income or assets;4. Advise counsel if the debtor is sued during the case; 5. Inform the attorney if tax refunds to which the debtor is entitled are s eized or not received;6. Advise counsel and the Trustee before buying or selling property or befo re entering into any long-term loan agreements, to determine what approvals are required; 7. Provide the Trustee and the attorney, prior to the Section 341 meeting o f creditors, with documentary evidence as to debtors income from all sources and the v alue of any asset in which the debtor has an interest, together with a copy of any declaratio n of homestead<<<<<<<<<********>>>>>>>>>>>>> 3In re:_____________________________________ Case No.________________ covering the debtors real estate, proof of insurance on any real pro perty or automobiles in which the debtor has an interest, and any other documents which the Trus tee might reasonably request in order to assess whether the debtors proposed plan should be confirmed. The ATTORNEY agrees to provide the following legal services in considera tion of thecompensation further described below: 1. Appear at the 341 Meeting of Creditors with the debtor; 2. Respond to objections to plan confirmation, and where necessary, prepare an amended plan;3. Prepare, file and serve one necessary modification to the plan which may include suspending, lowering, or increasing plan payments; 4. Prepare, file and serve necessary amended schedules in accordance with i nformation provided by the debtor; 5. Prepare, file and serve necessary motions to buy, sell or refinance real property;6. Object to improper or invalid claims, if necessary, based upon documenta tion provided by the debtor; 7. Represent the debtor in motions for relief from stay; 8. Where appropriate, prepare, file and serve necessary motions to avoid li ens on real or personal property; and 9. Provide such other legal services as necessary for the administration of the case.The initial fees charged in this case are $______________. Any and all additional terms of compensation and additional services agreed to be rendered, if any, are set forth in writing and annexedhereto. If the initial fees are not sufficient to compensate the attorne y for the legal services rendered inthis case, the attorney further agrees to apply to the court for additio nal fees. If the debtor disputes thelegal services provided or the fees charged by the attorney, an objectio n may be filed with the court andthe matter set for hearing. Debtor signature: __________________________________Dated:___________ Co-debtor signature:__________________________________Dated:___________ Attorney for the debtor (s) signature:_______________________Dated:___________