Chapter 13 Retainer Agreement

CHAPTER 13 RETAINER AGREEMENT

This Chapter 13 Retainer Agreement ("Agreement") is made on between Attorney: of Firm: , Bar Number: , Address: (collectively "Attorney"), and Client Name(s): Address: (collectively "Client" or "Debtor").

RECITALS

WHEREAS, Client desires to retain Attorney to represent Client in a Chapter 13 bankruptcy proceeding to be filed in the United States Bankruptcy Court with respect to Client's debts and assets; and

WHEREAS, Attorney has the experience and competence to represent Client in a Chapter 13 case and related proceedings as described in this Agreement; and

WHEREAS, the parties desire to set forth their respective duties, expectations, and the terms for compensation and costs.

NOW THEREFORE

In consideration of the mutual covenants contained herein, the parties agree as follows:

1. SCOPE OF REPRESENTATION

Attorney will represent Client solely in the preparation and filing of a Chapter 13 petition, schedules, statement of financial affairs, proposed plan, and related pleadings and appearances reasonably necessary to pursue confirmation of a Chapter 13 plan. Representation includes attendance at the meeting of creditors (341 meeting) and the confirmation hearing, communication with the Chapter 13 trustee, and routine negotiations incident to confirmation. Attorney's representation does not include appeals, adversary proceedings, contested hearings not related to plan confirmation, or non-bankruptcy litigation unless the parties execute a separate written agreement addressing scope and compensation for those matters.

2. CLIENT COOPERATION

Client shall provide complete, accurate, and timely information and documentation requested by Attorney, including but not limited to tax returns, bank statements, pay stubs, creditor information, and asset documentation. Client certifies that all information provided is true and acknowledges that omission or falsification of information may result in dismissal, denial of discharge, sanctions, or other legal consequences. Client shall attend all scheduled meetings and court hearings and shall cooperate fully with Attorney's lawful strategy and advice.

3. FEES, RETAINER AND METHOD OF PAYMENT

Client agrees to pay Attorney a total flat fee of $ for representation in the Chapter 13 case, subject to the terms below. The parties agree that the flat fee may be allocated between prepetition and postpetition services as follows: Prepetition payment due from Client at signing: $ .

Select fee payment arrangement (check applicable box):

Fee to be paid through Chapter 13 Plan Fee to be paid directly to Attorney outside of plan

If the fee is to be paid through the Chapter 13 Plan, Client acknowledges that plan payments must be approved by the Bankruptcy Court and the Chapter 13 trustee and that payments to Attorney are subject to the trustee's distribution and applicable bankruptcy law. Attorney will seek allowance of compensation from the Bankruptcy Court as necessary. Client remains responsible for amounts not paid by the trustee or if plan payments cease.

Additional services beyond the scope of Section 1 may be billed at an hourly rate of $ per hour, subject to Client's prior consent. Attorney will inform Client promptly if additional services are necessary and will seek approval prior to incurring substantial additional fees.

4. COSTS AND EXPENSES

Client is responsible for all filing fees, trustee fees, costs of service, postage, photocopying, courier charges, credit reports, required credit counseling, and other expenses incidental to the representation. Estimated aggregate expenses are $ . Attorney may advance reasonable costs and seek reimbursement either directly from Client or through the Chapter 13 Plan if permitted by the Court.

5. PLAN PAYMENTS, ADEQUATE PROTECTION, AND CLAIMS

Client agrees to commence plan payments to the Chapter 13 trustee in the amount of $ per month or as stated in the confirmed plan. Client remains obligated to make plan payments; if Client fails to make payments or the case is dismissed or converted, Client remains liable for Attorney's unpaid fees and costs unless otherwise ordered by the Court.

6. WITHDRAWAL, TERMINATION, CONVERSION OR DISMISSAL

Attorney may withdraw from representation for good cause, including but not limited to nonpayment of fees, a conflict of interest, Client's failure to cooperate, or as otherwise permitted by the Bankruptcy Code and Rules and by order of the Bankruptcy Court. Client may terminate this Agreement upon written notice to Attorney; however, withdrawal or termination may require Court approval and may not affect Attorney's right to compensation for work performed or costs advanced through allowance by the Court or as otherwise permitted by law. If the case is converted to Chapter 7 or dismissed, Attorney shall be entitled to compensation for services rendered and reimbursement for costs incurred to the extent allowed by the Court or applicable law.

7. FEE APPLICATIONS AND BANKRUPTCY COURT APPROVAL

To the extent required by the Bankruptcy Code, Attorney will apply to the Bankruptcy Court for allowance of compensation and reimbursement of expenses. Client consents that Attorney may request payment of allowed fees through the Chapter 13 Plan and that any agreed flat fee may be subject to modification by the Court. Attorney will notify Client of any fee application and of any order granting fees in whole or in part.

8. CONFLICTS OF INTEREST; PRIVILEGE

Attorney represents that, except as disclosed in writing, no conflict of interest exists that would prevent Attorney from representing Client in the Chapter 13 matter. Client must promptly disclose to Attorney any potential conflicts that arise. Communications between Attorney and Client are protected by the attorney-client privilege to the extent applicable; however, Client understands that certain communications may be subject to mandatory disclosure under bankruptcy law or court order.

9. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses set forth below by personal service, hand delivery, overnight courier, or first-class mail, postage prepaid, or by email if the parties have expressly agreed in writing. Notices are effective upon receipt.

10. RECORDS, RETENTION, AND PRIVACY

Client authorizes Attorney to maintain electronic and physical files related to the representation. Upon conclusion of the matter, Attorney may destroy file materials after a reasonable retention period unless Client requests delivery or further retention in writing. Attorney will take reasonable measures to protect Client's confidential information in accordance with professional responsibilities.

11. GOVERNING LAW; ENTIRE AGREEMENT; SEVERABILITY

This Agreement shall be governed by the laws of the State of (or applicable state law), except to the extent preempted by federal bankruptcy law. This Agreement constitutes the entire understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, oral or written. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

12. AMENDMENTS; WAIVER; COUNTERPARTS

No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. A failure to enforce any provision shall not constitute a waiver of that provision. This Agreement may be executed in counterparts and delivered by facsimile or electronic image, each of which shall be deemed an original.

13. MISCELLANEOUS

Client acknowledges receipt of a copy of this Agreement and agrees that Attorney has made no guarantees as to the outcome of the Chapter 13 case. Client understands that the Bankruptcy Court may require additional disclosures, and that Attorney will comply with applicable rules and orders of the Court.

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