Chapter 13 Bankruptcy Pre-Documents

CHAPTER 13 BANKRUPTCY PRE-DOCUMENTS RETAINER AGREEMENT

This Retainer Agreement for preparation of pre-petition documents for a Chapter 13 bankruptcy case (the Agreement) is made as of Date: by and between Client Name: (the Debtor), and Attorney/Firm Name: (Counsel). The parties agree as follows.

RECITALS

WHEREAS, the Debtor contemplates filing a voluntary petition under Chapter 13 of the Bankruptcy Code and requires preparation of pre-petition documents to enable filing; and

WHEREAS, Counsel has the requisite experience to prepare bankruptcy schedules, statements, and a proposed Chapter 13 plan and to advise the Debtor regarding pre-petition obligations; and

WHEREAS, the parties desire to set forth herein the scope of Counsel's engagement, Client responsibilities, fees and other terms governing the preparation of pre-petition documents.

NOW, THEREFORE, in consideration of the mutual promises contained below, the parties agree as follows:

1. SCOPE OF ENGAGEMENT

Counsel shall prepare, on behalf of the Debtor, the following pre-petition documents necessary for a Chapter 13 filing: Schedules A through J, Statement of Financial Affairs, Means Test (Form 122-C/122-C-1 as applicable), Declaration Concerning Debtor's Schedules, a proposed Chapter 13 Plan, Statement of Intention, and any required declarations or local forms identified by counsel. Counsel will review the Debtor's financial information, draft the documents, deliver drafts for Client review, and file the documents only upon the Client's express authorization to file. Counsel's obligations are limited to preparing and, if authorized, filing the foregoing pre-petition documents and providing legal advice related thereto; counsel does not undertake to represent the Debtor in adversary proceedings, contested matters, or ongoing litigation unless expressly agreed in writing.

2. CLIENT REPRESENTATIONS AND CERTIFICATIONS

The Debtor represents, warrants, and certifies that all information provided to Counsel is true, complete and accurate to the best of the Debtor's knowledge, including but not limited to statements of income, assets, liabilities, recent transfers of property, business interests, and prior bankruptcy filings. The Debtor understands that willful false statements made in bankruptcy filings are subject to criminal penalties and may result in denial of relief.

Client acknowledges and agrees to notify Counsel promptly of any material change in financial condition, any communication from creditors, or any transfer or disposition of assets occurring before the filing of the petition.

3. DOCUMENT CHECKLIST

The Debtor shall provide the documents listed below prior to Counsel completing pre-petition documents. Check each document provided:

Recent pay stubs (last 6 months)

Federal tax returns (last 2 years)

Bank statements (last 3 months)

Mortgage/loan statements and secured creditor information

Vehicle titles and registration documents

4. FEES, RETAINER AND COSTS

The fee for preparation of the pre-petition documents described herein shall be a flat fee of $ , payable as follows. A retainer in the amount of $ is due upon execution of this Agreement and will be applied against the flat fee. Any balances due for the services described must be paid prior to filing unless otherwise agreed in writing.

The Debtor is responsible for all out-of-pocket expenses incurred by Counsel in connection with the preparation of documents, including courier, copying, and administrative costs. Court filing fees are separate and are the responsibility of the Debtor unless Counsel agrees in writing to advance such fees.

5. TURNAROUNDS, DEADLINES AND CLIENT COOPERATION

The Debtor shall provide all required documents and information no later than . Failure to provide requested information within the stated deadlines may delay preparation and filing and may result in the termination of this Agreement. Client agrees to cooperate fully and to execute any required declarations or authorizations promptly.

6. LIMITATIONS AND NO GUARANTEE

Counsel will exercise reasonable professional skill and judgment in preparing documents. Counsel makes no guarantee as to the outcome of the bankruptcy process, the confirmation of any plan, the discharge of debts, or the treatment of specific creditors. Decisions of the bankruptcy court, the Chapter 13 trustee, or the actions of third parties may affect outcomes beyond Counsel's control.

7. CONFIDENTIALITY AND RECORDS

All information provided by the Debtor to Counsel in the context of this engagement shall be maintained as confidential except as required by law or court order. Counsel will retain copies of client files for a reasonable period and may destroy paper or electronic files in accordance with Counsel's document retention policies unless the Debtor requests return of the files in writing.

8. NOTICES

All notices required under this Agreement shall be in writing and shall be deemed given when delivered personally, by verified electronic transmission, or three business days after deposit in the United States mail, postage prepaid, to the addresses provided above or to any other address a party designates in writing to the other.

9. AMENDMENTS; WAIVER; COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both parties. No waiver by either party of any breach or default shall be deemed a waiver of any subsequent breach or default. This Agreement may be executed in counterparts, each of which shall be an original but all of which together shall constitute one instrument.

10. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by and construed in accordance with the laws of the state in which Counsel maintains its principal office, without regard to its conflict of laws principles. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral. If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect.

11. CLIENT ACKNOWLEDGMENT

The Debtor acknowledges receipt of a copy of this Agreement, understands its terms, and affirms that the explanations provided by Counsel regarding the nature and scope of the engagement and the fees have been adequate. The Debtor certifies under penalty of perjury that the information supplied to Counsel is accurate and complete.

12. MISCELLANEOUS

If any bankruptcy petition is not filed within a reasonable time due to the Debtor's failure to provide complete information or to pay amounts due under this Agreement, Counsel may withdraw from the representation and shall be entitled to compensation for services performed and reimbursement of expenses incurred to the date of withdrawal.

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