Legal Chapter 7 Post Docs

LEGAL CHAPTER 7 POST DOCS

This Chapter 7 Post-Filing Documentation Agreement (the Agreement) is entered into on by and between Debtor Name: and Counsel Name: . The parties agree as set forth below.

RECITALS

WHEREAS, Debtor has filed a voluntary petition under Chapter 7 of the Bankruptcy Code in the United States Bankruptcy Court for the , Case No. on (the Petition); and

WHEREAS, following the filing of the Petition, certain post-petition documents, verifications, and certifications (collectively, Post Documents) are required to be delivered to the Trustee, to creditors, or filed with the Court; and

WHEREAS, Counsel is engaged to prepare, verify, and file the Post Documents described herein and Debtor desires Counsel to take such actions subject to the terms and conditions of this Agreement.

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

1. DEFINITIONS

For purposes of this Agreement, "Post Documents" means any and all documents, statements, affidavits, proofs of claim, reaffirmation agreements, statements of intention, pay advices, tax returns, bank statements, vehicle titles, insurance certificates, deeds, and any other records required to be provided or filed after the Petition in order to comply with applicable law, the directions of the Trustee, or the requirements of the Court.

2. SCOPE OF SERVICES

Counsel shall, at Debtor's direction and consistent with applicable law and rules of professional responsibility, prepare, review for completeness, and file or deliver to the Trustee and/or creditors the Post Documents identified in Section 4. Counsel's services shall include reasonable correspondence with the Trustee, preparation of required affidavits, and transmission of documents to creditors where necessary to effectuate the administration of the Chapter 7 case. Counsel does not guarantee a particular outcome from the Trustee or Court's review of any Post Document.

3. DEBTOR OBLIGATIONS

Debtor shall provide to Counsel, within days of the Agreement date, originals or true copies of all requested documents necessary for preparation of Post Documents. Debtor represents and warrants that all information and documents furnished to Counsel shall be complete, accurate, and not misleading. Failure to timely provide requested materials may result in counsel withdrawing from representation or the filing of incomplete submissions, for which Counsel shall not be liable so long as Counsel acts in accordance with reasonable professional standards.

4. POST-FILING DOCUMENTS CHECKLIST

The following items are commonly required as Post Documents. Debtor must indicate which documents are to be prepared or provided:

5. AUTHORIZATION AND CONSENT

Debtor authorizes Counsel to assemble, sign ministerial notations on, and file Post Documents on Debtor's behalf where such signature is routine and limited to authentication of completeness. Debtor expressly authorizes Counsel to communicate with the Trustee, creditors, and their agents to obtain necessary information or to deliver Post Documents. This authorization is limited to acts reasonably necessary to prepare and deliver the Post Documents and does not authorize Counsel to settle claims or otherwise modify Debtor's substantive rights without Debtor's separate written consent.

6. FEES AND EXPENSES

Debtor agrees to pay Counsel the sum of $ for preparation and filing of the Post Documents, plus any out-of-pocket expenses reasonably incurred. Payment is due days from invoice. If payment is not received when due, Counsel may cease work and, if required by applicable rules, seek withdrawal from representation.

7. REPRESENTATIONS AND WARRANTIES

Debtor represents that (a) all information provided to Counsel is true and correct to the best of Debtor's knowledge; (b) Debtor has not concealed, altered, or destroyed material records; and (c) Debtor will promptly notify Counsel of any changes in circumstances or additional claims or obligations that may affect Post Documents. Counsel represents that it will perform services in a manner consistent with the standards of the legal profession.

8. CONFIDENTIALITY

Counsel shall maintain the confidentiality of Debtor's nonpublic information to the extent required by law and professional rules. Counsel may disclose information to the Trustee, creditors, and other parties where such disclosure is reasonably necessary to carry out the services described in this Agreement or is compelled by Court order.

9. INDEMNIFICATION

Debtor agrees to indemnify and hold harmless Counsel from and against any and all liabilities, losses, claims, demands, costs, and expenses (including reasonable attorneys' fees) arising out of Debtor's misrepresentations, omissions, or failure to provide complete and accurate information, except to the extent caused by Counsel's gross negligence or willful misconduct.

10. NOTICES

All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered upon personal delivery, electronic delivery with confirmation, or three (3) business days after deposit in the United States mail, certified and postage prepaid, addressed to the respective party at the address provided above or such other address as a party may specify in writing.

11. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of without regard to its conflicts of law provisions, except to the extent that federal law (including the Bankruptcy Code) controls.

12. ENTIRE AGREEMENT; SEVERABILITY

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior written or oral agreements. If any provision of this Agreement is held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.

13. AMENDMENTS; WAIVER; COUNTERPARTS

No amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties. Waiver by either party of a breach of any provision shall not operate or be construed as a waiver of any subsequent breach. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

14. CERTIFICATION

Debtor certifies under penalty of perjury that the documents provided to Counsel and any Post Documents prepared pursuant to this Agreement are true, complete, and accurate to the best of Debtor's knowledge. Debtor acknowledges that knowingly making a false statement or presenting a false document in connection with a bankruptcy proceeding may constitute fraud and subject Debtor to sanctions under law.

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