Rights And Responsibilities Of Chapter 13 Debtors And Their Attorrneys (Canton)

IN THE UNITED STATES BANKRUPTCY COURTFOR THE NORTHERN DISTRICT OF OHIOIn Re:) Chapter 13 ))Case No.)Debtor(s)) Judge Russ Kendig)RIGHTS AND RESPONSIBILITIES OFCHAPTER 13 DEBTORS AND THEIR ATTORNEYSIt is important for debtors who file a bankruptcy case under Chapter 13 to understand theirrights and responsibilities. It is also important that the debtors know what their attorney222sresponsibilities are, and understand the importance of communicating with their attorney to makethe case successful. Debtors should also know that they may expect certain services to be performedby their attorney. In order to ensure that debtors and their attorneys understand their rights andresponsibilities in the bankruptcy process, the following guidelines provided by the Court are herebyagreed to by the debtors and their counsel.This document is not a fee agreement. Debtors and attorneys are encouraged to execute feeagreements and should review Administrative Order No. 05-06 as to services that must be providedwithin certain fixed fees.A. Before the case is filed:The debtor agrees to:1.Provide the attorney with accurate and, to the best of the debtor222s ability, completefinancial information.2.Discuss with the attorney the debtor222s objectives in filing the case.3.Keep all scheduled meetings and/or appointments, both with the attorney and withother parties to the case.4.Respond to all attorney requests as soon as possible.5.Provide the attorney with a working telephone number or other form ofcommunication. American LegalNet, Inc. www.FormsWorkFlow.com 2The attorney agrees to:1.Personally meet with the debtor to review the debtor222s assets, liabilities, income, andexpenses.2.Counsel the debtor regarding the advisability of filing either a Chapter 7 or a Chapter13 case, discuss both procedures with the debtor, and answer the debtor222s questions.3.Explain what payments will be made directly by the debtor, such as mortgages andvehicle lease payments, and what payments will be made through the Chapter 13plan.4.Explain to the debtor how, when, and where to make the required Chapter 13 planpayments.5.Explain to the debtor how the attorney222s fees and Trustee222s fees are paid, and providean executed copy of this document to the debtor.6.Explain to the debtor that the first plan payment must be made to the Trustee within 10 days of the date that the plan is filed.7.Advise the debtor of the requirement to attend the 247341 Meeting of Creditors andbring to the meeting a valid, unexpired, government issued picture identification,proof of social security number, most recent tax return, two (2) current concurrentpaystubs for each debtor, and proof of car insurance.8.Advise the debtor of the necessity of maintaining liability, collision, andcomprehensive insurance on vehicles owned or leased by the debtor.9.Advise the debtor of the necessity of maintaining insurance on any real property thatthe debtor may own.10.Timely prepare and file the debtor222s petition, plan, statements, and schedules, as wellas any required amendments thereto. American LegalNet, Inc. www.FormsWorkFlow.com 3B. After the case is filed:The debtor agrees to:1.Keep the Trustee and the attorney informed as to debtor222s current address andtelephone number.2.Timely make all Chapter 13 payments to the Chapter 13 Trustee.3. Timely make all post-petition payments to any creditors that the debtor has agreedto pay directly, and, if appropriate, maintain proper insurance coverage and pay post-petition tax obligations concerning the same in a timely fashion. 4.Cooperate with the attorney in preparing all pleadings and attending all hearings asrequired.5.Prepare and file all delinquent federal, state, and local tax returns within 30 days, andthereafter file all required tax returns in a timely manner.6.Promptly inform the attorney of any wage garnishments or attachments of assetswhich 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.8.Contact the attorney regarding any changes in employment, increases or decreasesin income, or any other financial problems or changes. 9.Cooperate with the attorney and the Trustee in timely producing any financial orsupporting 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 any long-term loan or leaseagreements. American LegalNet, Inc. www.FormsWorkFlow.com 4The attorney agrees to:1.Continue to represent the debtor through the conclusion of the case, whether bydismissal or discharge.2.Instruct the debtor as to the date, time, and location of the 247341 Meeting of Creditors,and appear at the 247341 Meeting of Creditors with the debtor and advise debtor aboutdocuments required for the 341 meeting.3.Respond to objections to plan confirmation, and, when necessary, prepare anamended 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 schedules in accordancewith information provided by the debtor.6.Prepare, file, and serve necessary motions to incur debt, or to buy, sell, or refinancereal property when appropriate.7.Object to improper or invalid claims, if necessary, based upon documentationprovided by the debtor.8.Be available to respond to the debtor222s questions throughout the life of the plan.9.Represent the debtor in motions for relief from stay and motions to dismiss orconvert.10.Provide such other legal services as are necessary to the administration of the casebefore the Bankruptcy Court, which include, but are not limited to, meeting with thedebtor, presenting appropriate legal pleadings, and making necessary courtappearances.11.File an executed copy of this document with the Court, and provide executed copiesof it to the debtor and the Chapter 13 Trustee.Dated: DebtorDated: DebtorDated: Attorney for Debtors(s) American LegalNet, Inc. www.FormsWorkFlow.com