Bankruptcy Chapter 13 Docs

Chapter 13 Bankruptcy Engagement Agreement

This Engagement Agreement ("Agreement") is entered into by and between Client Name: and Attorney/Firm Name: .

WHEREAS

WHEREAS, Client seeks legal representation to prepare and prosecute a Chapter 13 bankruptcy case under Title 11 of the United States Code, and to propose and implement a Chapter 13 plan of reorganization; and

WHEREAS, Attorney/Firm is duly licensed and qualified to represent clients in bankruptcy matters and agrees to provide legal services to Client under the terms and conditions set forth herein.

WHEREAS, the parties desire to set forth in writing the scope, fees, duties, and understandings that will govern the attorney-client relationship during the Chapter 13 case.

SCOPE OF REPRESENTATION

Attorney will provide legal services necessary to prepare, file, and prosecute a Chapter 13 bankruptcy petition and related schedules, statements, and plan, including preparation of debtor petitions, schedules of assets and liabilities, statement of financial affairs, plan formulation, motions and objections reasonably necessary to confirm the plan, and representation at the 341 meeting of creditors and at confirmation hearings.

CLIENT RESPONSIBILITIES

Client shall provide complete and accurate financial information and documentation as requested by Attorney, including but not limited to recent paystubs, tax returns for the preceding two years, bank statements, documentation of secured and unsecured debts, and proof of income and expenses. Client acknowledges a continuing duty to disclose all material facts and to cooperate with Attorney.

Most recent federal tax returns

Recent paystubs or proof of income

Bank statements and asset documentation

FEES AND PAYMENT TERMS

Client agrees to pay Attorney a total fee for representation in this Chapter 13 matter as follows.

If payments are to be made through the Chapter 13 plan, Client authorizes Attorney to request that the Trustee disburse the agreed fee pursuant to the confirmed plan. If payments are not made when due outside of a Trustee disbursement, a late fee of will be assessed on overdue amounts.

RETAINER AND TRUST ACCOUNT

Funds received from Client will be held in Attorney's trust account as required by professional conduct rules. The retainer will be applied to fees and costs as earned. Client understands that certain amounts may be refundable if unearned at the conclusion of representation.

BANKRUPTCY-SPECIFIC DISCLOSURES

Attorney will not guarantee a particular outcome, including entry of a discharge. Client acknowledges that filing a Chapter 13 petition involves accuracy in schedules and the means test; failure to disclose assets, income, or transfers may result in denial of relief or other adverse consequences. Client must provide tax returns for the years requested and any requested documents for ongoing case administration.

Case Number (if known): Court District:

TERM AND TERMINATION

This Agreement commences on Effective Date: and continues until the conclusion of the Chapter 13 case, including any appeals or post-confirmation matters that Attorney agrees to handle, unless earlier terminated in accordance with this section.

Either party may terminate this Agreement upon written notice. Client will remain responsible for all fees and costs incurred through the date of termination. Notice period (days):

CONFIDENTIALITY

Attorney will maintain confidences and secrets of Client as required by applicable rules of professional conduct. Confidential information shall not be disclosed except as necessary to carry out the representation, to comply with court orders, or as otherwise required by law.

GOVERNING LAW

This Agreement shall be governed by the laws of the state in which Attorney maintains his or her primary office, except where superseded by federal bankruptcy law.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter herein and supersedes all prior and contemporaneous understandings, agreements, and communications, whether written or oral.

ACKNOWLEDGMENT

By signing below, Client acknowledges that Client has read and understands this Agreement, that Client has had an opportunity to ask questions, and that Client consents to the terms herein.

Sign Now