Bankruptcy Retainer Agreement

Bankruptcy Retainer Agreement

This Bankruptcy Retainer Agreement (Agreement) is entered into on by and between Client Name: whose address is and Attorney/Firm Name: whose office address is .

RECITALS

WHEREAS, Client seeks legal representation in connection with Client's potential filing of a bankruptcy petition under the United States Bankruptcy Code; and

WHEREAS, Attorney is duly admitted to practice law and has represented debtors in bankruptcy proceedings and is willing to represent Client subject to the terms and conditions set forth herein; and

WHEREAS, the parties wish to memorialize their agreement regarding scope of representation, fees, costs, and responsibilities.

NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows:

1. SCOPE OF REPRESENTATION

Attorney will provide legal services to Client in connection with Client's bankruptcy matter, including preparing and filing the bankruptcy petition, schedules, statement of financial affairs, representation at the meeting of creditors (341 hearing), communication with the bankruptcy trustee, and other services customarily provided in such matters. Attorney does not guarantee any particular result and will not provide services beyond those expressly agreed without a written amendment signed by both parties.

2. CHAPTER SELECTION

Client acknowledges that the choice of bankruptcy chapter will affect Client's rights and obligations. Client selects (check one or consult with Attorney):

Chapter 7 — Liquidation under Title 11 of the United States Code.
Chapter 13 — Repayment plan under Title 11 of the United States Code.

3. FEES AND RETAINER

Client agrees to pay Attorney a retainer and fees as follows. The retainer amount to be deposited into Attorney's trust account is . The fee arrangement is:

Flat fee for all bankruptcy work in the amount of .
Hourly fee at the rate of per hour for attorney time and per hour for paralegal time.

The retainer will be applied first to costs and expenses and then to fees. Attorney will provide an accounting of fees and disbursements at least monthly or upon request.

4. COSTS AND EXPENSES

Client is responsible for all filing fees, court costs, credit counseling fees, mailing and service costs, investigation fees, expert fees, and other out-of-pocket expenses incurred in connection with the representation. Attorney may advance such costs from Client's retainer. If expenses exceed the retainer, Client will promptly reimburse Attorney upon billing.

5. BILLING, PAYMENT, AND TRUST ACCOUNT

Attorney will maintain trust and operating accounts in accordance with applicable professional rules. All payments by Client to Attorney will be held in a trust account until earned. Withdrawals from the trust account will be made in accordance with earned fees and costs. Payments are due within 14 days of invoice unless otherwise agreed in writing.

6. CLIENT RESPONSIBILITIES

Client agrees to cooperate fully, provide complete and accurate information and documentation necessary for the bankruptcy filing, attend required hearings, provide truthful testimony, and promptly respond to Attorney inquiries. Client certifies that Client has disclosed all assets, liabilities, income, and recent transfers as required by bankruptcy law.

7. CONFLICTS, DISCLOSURES AND PRIOR REPRESENTATION

Attorney has performed a conflicts check. To the extent a potential conflict exists, Client acknowledges receipt of the following disclosure and consents to representation as described below. If additional conflicts are discovered, Attorney will take steps required by law and professional rules.

8. WITHDRAWAL AND TERMINATION

Attorney may withdraw for good cause, including non-payment of fees, client misrepresentation or refusal to cooperate, or other conflicts or circumstances that make continued representation unethical or impracticable. Client may terminate Attorney's services upon written notice. In the event of termination, Attorney will be entitled to compensation for services rendered and reimbursement for costs incurred through the date of termination. Withdrawal may require court approval if the matter is active.

9. RECORDS, FILES, AND RETURN OF PROPERTY

Client acknowledges that Attorney may retain a copy of Client's file in accordance with professional obligations. Original documents provided by Client will be returned upon request, subject to reasonable copying charges. Attorney may destroy files after a reasonable retention period unless Client requests delivery or preservation in writing.

10. CONFIDENTIALITY

Attorney will maintain the confidentiality of information provided by Client to the extent required by law and professional rules, except as required to represent Client in the bankruptcy case, to comply with court orders, to respond to inquiries from the bankruptcy trustee, or as otherwise authorized by Client in writing.

11. BANKRUPTCY-SPECIFIC ACKNOWLEDGMENTS

Client acknowledges that certain actions (including transfers of property or payments to creditors) made prior to filing may be subject to avoidance by the bankruptcy trustee. Client will provide full disclosure of such actions and authorize Attorney to advise Client regarding risks and potential defenses. Client understands that discharge of certain debts is subject to exceptions under law.

12. NOTICES

All notices, requests, demands, or other communications required or permitted under this Agreement shall be in writing and deemed delivered when personally delivered, or sent by certified mail, return receipt requested, or by other method agreed in writing. Notices shall be sent to the parties at the addresses set forth below or at any other address provided in writing.

13. GOVERNING LAW; VENUE

This Agreement shall be governed by and construed in accordance with the laws of the state in which Attorney's office is located, except to the extent federal bankruptcy law applies. Venue for disputes regarding this Agreement shall be in the state or federal courts located in that state.

14. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENT; WAIVER; COUNTERPARTS

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties. Failure to enforce any provision shall not be deemed a waiver of that provision. This Agreement may be executed in counterparts, each of which shall be deemed an original, and facsimile or electronic signatures shall be binding.

15. ACKNOWLEDGMENT

By signing below, Client acknowledges that Client has read this Agreement, had the opportunity to ask questions, and consents to the terms herein. Client acknowledges receipt of any required disclosures and the opportunity to obtain independent advice prior to signing.

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