Chapter 7 Retainer Agreement

CHAPTER 7 RETAINER AGREEMENT

This Chapter 7 Retainer Agreement ("Agreement") is made as of between Attorney/Firm: (Bar No.: ), with principal address , and Client Name: , Client address . Attorney and Client are sometimes referred to individually as a "Party" and collectively as the "Parties."

RECITALS

WHEREAS, Client seeks legal representation to pursue relief under Chapter 7 of the United States Bankruptcy Code by filing a voluntary Chapter 7 petition on behalf of Client; and

WHEREAS, Attorney is duly licensed to practice law and has represented Chapter 7 debtors in bankruptcy matters and will provide legal services consistent with the duties imposed by the Bankruptcy Rules and applicable professional conduct rules; and

WHEREAS, the Parties desire to set forth their respective rights and obligations regarding Attorney's representation of Client in the Chapter 7 proceeding.

NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows:

1. SCOPE OF REPRESENTATION

Attorney agrees to represent Client in connection with the filing and prosecution of a Chapter 7 bankruptcy case, including preparation and filing of the voluntary petition, schedules, statement of financial affairs, means test calculations, required declarations, and related pleadings; advising Client regarding exemptions; and attending the meeting of creditors (341 meeting). Representation does not include prosecution or defense of adversary proceedings, adversary complaints, applications for relief from stay, preference or fraudulent transfer litigation, contested valuation or lien disputes, reaffirmation negotiations (except as noted below), or appeals, unless expressly agreed in writing. If adversary matters or contested litigation are necessary or requested, Attorney will advise Client and seek separate written agreement for such additional representation and fees.

2. CLIENT RESPONSIBILITIES

Client shall provide timely, accurate, and complete information and documentation necessary for preparation of the petition and schedules, including but not limited to income records, bank statements, tax returns, loan documents, vehicle titles, property deeds, and a list of creditors. Client must attend the 341 meeting and any required court hearings. Client must be truthful under oath in all statements to Attorney, the Trustee, and the Court. Failure to cooperate or provide requested documentation may result in Attorney's withdrawal and/or dismissal of the case.

3. FEES, RETAINER AND PAYMENT

Client agrees to pay Attorney a retainer in the amount of to be deposited into Attorney's client trust account and applied as set forth herein. Attorney's fee for Chapter 7 services is an aggregate amount of (the "Fee"), unless separate hourly representation is agreed. If representation is on an hourly basis, Attorney's standard hourly rate is and time spent will be billed and payable as described below.

The retainer will be applied first to costs and expenses advanced by Attorney and then to fees earned. Attorney will render periodic written statements or accountings of fees, costs, and the disposition of the retainer. Any amount due beyond the retainer must be paid upon billing. If the retainer exceeds earned fees and costs at case closing, the unearned portion will be refunded to Client, subject to any lawful administrative hold or application by the Bankruptcy Trustee as permitted by law.

4. COSTS AND EXPENSES

Client is responsible for all court filing fees, trustee fees, costs for credit counseling and debtor education, mailing, photocopying, process service, deposition expenses, expert fees, and other out-of-pocket expenses incurred in the representation. Estimated filing fee: . Third-party fees or costs paid by Attorney on behalf of Client shall be reimbursed from the retainer or billed to Client if the retainer is insufficient.

5. TRUST ACCOUNT, EARNED FEES, AND DISCLOSURE

The retainer will be deposited in Attorney's trust account and applied to fees and costs in accordance with applicable law. Upon filing, Attorney will disclose all compensation paid or to be paid in accordance with statutory requirements. Client acknowledges that Attorney must file a statement of compensation and may be required to disclose the amount and source of payment to the Trustee and the Court. By signing this Agreement Client authorizes Attorney to make such disclosures as required by law.

6. BANKRUPTCY PETITION, SCHEDULES AND MEETINGS

Attorney will prepare and file the petition, schedules, statement of financial affairs, and related documents based on information provided by Client. Client has the opportunity to review these documents prior to filing and must certify under penalty of perjury that they are true and correct. Client understands and agrees that the automatic stay becomes effective only upon filing of a proper petition and that certain creditors may seek relief from stay. Attorney will represent Client at the 341 meeting. The Parties acknowledge that discharge is not guaranteed and that the Trustee or creditors may object to discharge or file adversary proceedings.

7. CONFLICTS, WITHDRAWAL AND TERMINATION

Attorney represents no creditor adverse to Client except as disclosed in writing. If a conflict of interest arises that materially impairs Attorney's ability to represent Client, Attorney may seek to withdraw subject to Court approval. Client may terminate this Agreement at any time upon written notice to Attorney; however Client remains responsible for payment of fees and costs incurred prior to termination. Upon termination or withdrawal, Attorney will take reasonable steps to protect Client's interests, including surrendering papers and property, and will refund any unearned portion of the retainer, subject to any required Court order or lawful application.

8. NO GUARANTEE

Attorney makes no promises or guarantees regarding the outcome of the bankruptcy case, including the dischargeability of particular debts, the timing of discharge, or whether the Trustee will administer nonexempt assets. Any statements concerning probable outcomes are expressions of opinion only.

9. PRIVILEGE, CONFIDENTIALITY AND DISCLOSURES

Communications between Attorney and Client are protected by the attorney-client privilege subject to applicable exceptions. Client acknowledges that Attorney has an obligation to disclose information required by bankruptcy law or the bankruptcy court, including the statement of compensation and any information necessary for the administration of the estate.

10. NOTICES

All notices required or permitted under this Agreement shall be in writing and delivered to the addresses above by hand, certified mail, or other delivery service. Notice is effective upon receipt.

11. AMENDMENT, WAIVER AND COUNTERPARTS

This Agreement may be amended only by a written instrument signed by both Parties. No waiver of any provision or breach of this Agreement shall be effective unless in writing and signed by the waiving Party. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.

12. GOVERNING LAW, ENTIRE AGREEMENT, SEVERABILITY

This Agreement shall be governed by the laws of the state in which Attorney maintains principal offices, except to the extent superseded by applicable federal bankruptcy law. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter 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.

13. ADDITIONAL TERMS

14. REPRESENTATIONS AND ACKNOWLEDGEMENTS

Client represents that Client has provided a full and complete disclosure of all assets, liabilities, income, and transfers within the applicable look-back periods and that Client has not withheld information relevant to the bankruptcy filing. Client acknowledges receipt of a completed copy of this Agreement and understands the terms herein, including the method of fee computation, retainer application, and potential for additional fees for contested matters.

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