Rights And Responsibilities Of Chapter 13 Debtors And Their Attorneys (Business Case)

1 Revised: 12/01/17Name, 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 Last four digits of Soc. Sec. or Debtor. Individual - Taxpayer I.D.(ITIN)/Complete EIN : BANKRUPTCY NO. UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA RIGHTS AND RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND THEIR ATTORNEY (Business Case) It is important for debtors in Chapter 13 bankruptcy to understand their rights and responsibilities. It is also important that they know what their attorney222s responsibilities are, and appreciate the importance of communicating with their attorney to make the case successful. Debtors can expect their attorney to provide certain services for them. And they should know the costs of attorneys222 fees through the life of a plan. To assure that debtors and their attorney understand their rights and responsibilities in the bankruptcy process, the Bankruptcy Court has made the following rights and responsibilities binding on them under Local Bankruptcy Rule 1002-1(c) and General Order 180-A. (Nothing in this agreement should be construed to excuse an attorney from any ethical duties or responsibilities under any other applicable law.) Debtors222 attorneys can be paid in one of two ways: through guideline fees; or by formal fee application. The choice, agreed upon by the debtors and their attorney, must be made at the start of the representation. Once an attorney accepts any type of guideline fee in any amount, guideline fees will apply for the duration of the case. In this case, the attorney [check one]: will be paid guideline fees (subject to increase through a fee application only in atypical cases as discussed below). waives guideline fees and will instead prepare fee applications for all work done. American LegalNet, Inc. www.FormsWorkFlow.com 2 UNLESS THE COURT ORDERS OTHERWISE, in every case 226 regardless of fee regime 226 the following rights and responsibilities apply: The debtor must: 1. Provide accurate financial information. 2. Provide information in a timely manner. 3. Cooperate and communicate with the attorney. 4. Discuss with the attorney the debtor222s objectives in filing the case. 5. Keep the trustee and attorney informed of the debtor222s address and telephone number. 6. Inform the attorney of any wage garnishments or attachments of assets which occur or continue after the filing of the case. 7. Contact the attorney promptly if the debtor loses his/her job or has other financial problems. 8. Let the attorney know immediately if the debtor is sued before or during the case. 9. Inform the attorney if any tax refunds the debtor is entitled to are seized or not returned to the debtor by the IRS or Franchise Tax Board. 10. Contact the attorney before buying, refinancing, or selling real property or before entering into any long-term loan agreements to find out what approvals are required. 11. Pay any filing fees and filing expenses that may be incurred directly to the attorney. 12. Pay appropriate attorney222s fees commensurate with this agreement and the United States Bankruptcy Court Guidelines regarding Chapter 13 Attorney Fees. Any future increase or other change in 223additional fees224 under the guidelines will also automatically apply to this case until it is finally closed. If a court order is entered regarding attorney222s fees, fees should be paid in accordance with the court222s order. To receive $4,400, which is within the United States Bankruptcy Court222s parameters for 223initial fees,224 the attorney must: 1. Meet with the debtor to review the debtor222s assets, liabilities, income and expenses. 2. Analyze the debtor222s financial situation, and render advice to the debtor in determining whether to file a petition in bankruptcy. 3. 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 debtor222s questions. 4. Explain to the debtor how the attorney222s fees and trustee222s fees are paid. 5. Explain what payments will be made directly by the debtor and when to make those payments, and what payments will be made through the debtor222s chapter 13 plan (with particular attention to mortgage and vehicle loan payments, as well as any other claims with accrued interest). 6. Explain to the debtor how, when, and where to make the chapter 13 plan payments. 7. Explain to the debtor that the first plan payment must be made to the Trustee within 30 days of the date the plan is filed. 8. Advise the debtor of the requirement to attend the 247 341(a) Meeting of Creditors, and instruct the debtor as to the date, time and place of the meeting. 9. Advise the debtor of the necessity of maintaining liability, collision and comprehensive insurance on vehicles securing loans or leases. 10. Timely prepare, file and serve the debtor222s petition, plan, schedules, statement of financial affairs, and any necessary amendments thereto, which may be required. 11. Prepare a Questionnaire for Chapter 13 Business Owners. 12. Provide documents and information requested by the Chapter 13 Trustee and the Court, including, but not limited to, an itemized list of all business assets and a profit and loss statement for each of the three months prior to the filing. 13. Attend on-site inspections of business at the Chapter 13 Trustee222s request. American LegalNet, Inc. www.FormsWorkFlow.com 3 14. Provide an executed copy of the Rights and Responsibilities of Chapter 13 Debtors and their Attorneys and a copy of the Court222s Guidelines regarding Chapter 13 Attorney Fees to the debtor. 15. Appear and represent the debtor at the 247 341(a) Meeting of Creditors and any confirmation hearings. 16. Respond to the objections to plan confirmation, and where necessary, prepare, file and serve an amended plan. 17. Assist the Debtor in performing duties pursuant to 11 U.S.C. 247 1304, including but not limited to, the filing of periodic operating reports. 18. Provide Certification of Eligibility for Discharge pursuant to Local Bankruptcy Rule 4004-1. 19. Provide such other legal services as are necessary for the administration of the case before the Bankruptcy Court, which include, but are not limited to, a continuing obligation to assist the debtor by returning telephone calls, answering questions and reviewing and sending correspondence. Additional services may be required, but are not included in the guideline 223initial fees224 of $4,400. If necessary and when appropriate, the attorney, at the debtor222s request and only with the debtor222s cooperation, must provide the following services for 223additional fees224 described below: 1. Prepare, file and serve necessary modifications to the plan post-confirmation, which may include suspending, lowering or increasing plan payments. 2. Prepare, file and serve necessary motions to buy, sell or refinance real property and authorize use of cash collateral or assume executory contracts or unexpired leases. 3. Object to improper or invalid claims. 4. Represent the debtor in motions for relief from stay. 5. Prepare, file and serve necessary motions to avoid liens on real or personal property. 6. Prepare, file and serve necessary oppositions to motions for dismissal of case. 7. Provide such other legal services as are necessary for the administration of the case before the Bankruptcy Court, which include but are not limited to, presenting appropriate legal pleadings and making appropriate court appearances. Should additional services be provided and 223additional fees224 requested, the attorney must: 1. Provide proper notice in accordance with Federal Rule of Bankruptcy Procedure 2002. 2. Advise the debtor of all 223additional fees224 requested and file a declaration with the court stating that counsel has so advised the debtor of the fees requested and the debtor has no objection to the requested fees. The 223Guidelines Regarding Chapter 13 Attorney Fees224 provide for 223additional fees224 within the United States Bankruptcy Court222s parameters for 223additional fees224 in the following amounts and