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Russell B. Weekes
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Idaho 7 Agreement
Idaho 7 Agreement
Idaho 7 Agreement
Idaho Chapter 7 Agreement
Step 1 of 3
Re: Chapter 7 Retainer Agreement (“Agreement”)
Thanks for choosing Weekes Law, PLLC d/b/a Capstone Law, LLC (our “Firm”) to assist you. This Agreement sets forth our responsibilities to each other and should help us avoid any misunderstanding.
1. Our Legal Services.
We will provide legal services for the filing of your Petition for the purpose obtaining a discharge (“Services”). The Services are divided into Pre-petition Services and Post-petition Services. The Pre-petition Services include: (a) an initial consultation with an attorney; (b) Analysis of your financial situation and exemption planning; (c) reviewing the questionnaires and documents provided by You in anticipation of preparing your case; (d) preparation and filing of a bare-bones Petition, Statement of Social Security number, Certificate of Credit Counseling, & application to pay the court’s filing fee in installments. The Pre-petition Services do not cover all the paperwork or filings to complete a bankruptcy case. The Post-petition services include: (e) preparing and filing your bankruptcy Schedules, & Statement of Affairs, and related bankruptcy papers (e) providing Your bank statements, pay advises and tax returns to the trustee; (f) representing you at the 341 meeting of creditors (“341 Meeting”); and (g) communicating with you in regards to court and/or trustee directives. Reaffirmation agreements, adversary actions and contested motions are not included in the Pre-petition Services or the Post-petition Services. This exclusion includes but is not limited, motions to turn over property, motions for relief of stay, and adversary proceedings.
2. What We Need From You.
You agree that: (a) All information that You are required to provide with a petition and thereafter during a case under this title must be complete, accurate and truthful; (b) provide all helpful or necessary documentation to support Your Client Profile, Petition, Statements, Schedules and Plan; (c) timely comply with any and all trustee directives; (d) completely and accurately disclose ALL of Your assets and liabilities along with the replacement value thereof; (e) completely and accurately provide Your current monthly income and disposable income; and (f) completely and accurately disclose ALL transfers of any property interest within the four years immediately before filing.
3. Legal Fees For Our Services.
The amount due to the Firm prior to filing Your petition for Pre-petition Services is the Prepetition Amount set forth above, and will be paid according to the accompanying “Check Draft Authorization”. Fees received will be applied to the work performed, including without limitation consultation, exemption planning, administrative tasks, creditor representation verification, and costs and will not be refunded. You promise to pay to the order of Capstone Law, PLLC the Post-petition Services Fee, in the amount as set forth as the Prepetition Amount above, The Post-petition Services Fee shall be paid by equal automatic withdrawal or debit, according to the accompanying “Post-Petition Check Draft Authorization”, with a payment due every four weeks, commencing within 28 days after your initial petition is filed (“Petition Date”), unless An Application to pay the Court Filing Fee in Installments is filed in connection with your case. In the event an Application to pay the Court Filing Fee in installments is filed in connection with your case, the first payment due after your case is filed is within 60 days of your case being filed. The entire balance shall be paid no later than 10 months after the petition date. Reasonably earned Fees will not be refunded. The Firm cannot file your Petition until the Pre-petition Services Fee is fully paid. You are responsible for all actual costs associated with your bankruptcy (“Costs”). The Fee includes estimated Costs for the court filing fee, credit counseling and debtor education courses are included in the Fee. You are responsible for any additional Costs other than those set forth herein.
4. Fees For Additional Legal Services.
. In the event you need additional legal services (“Additional Legal Services”) that exceed the scope described above (Paragraph 1) an additional fee for those services is required. The Firm will provide Additional Legal Services at the Firm’s prevailing hourly rates. The Firm’s current hourly rate for attorneys ranges from $175-$300 and office staff rates range from $75 - $125 per hour. Additional Legal Services include, without limitation, discharge proceedings, including those related to student loans, taxes or undue hardships; (b) motions for relief from, or continuation, defense or enforcement of the Automatic Stay; (c) motions to redeem personal property; (d) rule 2004 examinations; (e) motions to avoid liens/judgments; (f) contested matters or adversary proceedings; (g) contested matters regarding Debtors’ claim of exempt property; (h) amend any list, schedule, statement, and/or other document required to be filed with the petition as may be necessary or appropriate based on any omission by the Debtors; (i) motions to continue3 the 341 meeting or the creditors and/or appearing for a continued 341 meeting due to Debtors’ failure to appear; (j) motions or adversary complaints to abandon, refinance, sell, or purchase property; (k) assisting in carrying out the Debtors’ Statement of Intentions; (l) monitoring an “asset case”; (m) re-opening a bankruptcy case to submit post-filing proof of pre-discharge counseling (a/k/a debtor education); and (n) review, negotiation, execution, or appearance in support of a reaffirmation agreement.
5. Disclaimer and Acknowledgement.
The Firm disclaims any responsibility for inaccurate or incomplete personal or financial information. You acknowledge: (a) that the Firm has not made representations or warranties regarding the outcome of your matter; (b) you cannot file repeated bankruptcy petitions within a year without losing the “automatic stay”; (c) we cannot advise you to incur debt; (d) you cannot file bankruptcy in bad faith or if you have the “means” to repay your creditors; (e) acknowledge that within three business days of initial contact with us, we provided and you understand the obligations set forth in Section “527A and 527B Disclosures”, attached as Exhibit A and incorporated by this reference in their entirety; (f) your bankruptcy case may be dismissed for failure to timely file documents, attend hearings, or meet deadlines; and (g) bankruptcy may require that you liquidate or surrender all non-exempt assets to the bankruptcy trustee; and (h) bankruptcy’s automatic stay, which prevents creditors from collecting against you, does not apply until your case if filed with the court. The bankruptcy trustee will be the owner of all your non-exempt property (including cash and tax returns) and will attempt to liquidate your non-exempt property.
6. Governing Law, Jurisdiction, Venue.
The laws of the State of Idaho will govern this Agreement and the jurisdiction and venue for the enforcement of this Agreement shall be found exclusively in, and the parties submit to personal jurisdiction of the courts of Ada County, State of Idaho.
7. Documents Obtained From Client.
This office does NOT ever retain the paper documents you provide to us to prepare your case, including inter alia, your tax returns, paystubs and other documents. Unless required by the court in an evidentiary matter, in which case You will be informed in advance, You agree not to submit any original documents to the Firm and authorize the Firm to digitize any documents submitted and then destroy the paper form. Unless otherwise required, Your files and any documents, pleadings, correspondence, or other items contained therein, will be kept for one year after Your case has ended or representation by this office has ended, whichever occurs earlier. After that time, they will be destroyed. Within that year, You may request copies of items in the file for a cost of $50 storage retrieval and processing.
In the event that the entire Fee is not paid within 12 months of filing your emergency petition as required hereunder or a period paid is not made within 14 days of its due date, you will be charged a late fee in the amount of $100 and the remaining balance will become due and owing and charged interest at the rate of 36% per annum. You understand and agree that failure to make timely payments hereunder may result in your filing fee not being paid to the court and may result in a dismissal without a discharge, we will seek court approval to withdrawal as counsel, a collection action being brought against you, and a negative payment history may be reported to credit agencies. In the event that litigation becomes necessary to enforce any part of this Agreement, You acknowledge and agree that we will be entitled to recover reasonable attorney’s fees, costs, and expenses of every kink associated with the enforcement of this Agreement. You further grant the Firm the right to assert both common law and statutory attorney’s lien rights, including pursuant to Title 3 Chapter 2, Section 3-205, against all funds, property or proceeds that is subject of or in connection with the work performed by the Firm for you, in connection with all sums which become due under this Agreement during the course of the Firm’s representation of you. If, after a judgment or decree is entered, or the Firm has withdrawn from the case if that occurs prior to the entry of judgment, payment of the balance due is not made within three (3) days of billing or if arrangement for the payment of the balance due is not made, the firm reserves the right to file an attorney’s lien on the Client’s claim, settlement, judgment, return of chapter 13 payments, and/or tax refund pertaining to this matter, including any real property or personal property or proceeds therefrom, whether the Firm continues to represent the Client or not, to protect the Firm’s rights in that property. This reservation and notice of the Firm’s right to and your acceptance of the Firm’s rights to file an attorney’s lien is in accordance with the applicable statutes of the State of Idaho.
The foregoing terms and conditions are set forth to promote a clear understanding of our expectations as to Fee for Services. By signing below, the Client acknowledges and agrees that they have read, understand, and agree to all of the foregoing terms and conditions.
Date Format: MM slash DD slash YYYY
Capstone Law, LLC
/s/ Shawn Miller
I, the undersigned, (hereinafter “You”) authorize the charges to your checking account or debit card to pay for Your legal fees as set forth below. You will be charged the amount indicated below for each billing period indicated until your Fee, as defined in paragraph 3 of the Affordable Bankruptcy Program Retainer Agreement is paid in full. You agree that no prior-notification will be provided prior to processing a payment as outlined herein. You understand that this authorization will remain in effect until You cancel it in writing, and You agree to notify Capstone Law, LLC in writing of any changes in the account information or termination of this authorization at least 7 days prior to the next billing date. If the noted payment dates fall on a weekend or holiday, You understand that the payments may be process on the day indicated or executed on the next business day. Your further understand and agree that subsequent attempts to process a declined payment may be attempted up to three additional times. By signing below You certify that You are an authorized user of the provided account and will not dispute these scheduled transactions with Your bank or credit card company, so long as the transactions correspond to the terms indicated in this authorization form.
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Bankruptcy Disclouses - EXHIBIT A
Section 527(A) Disclosure
In the event I file a bankruptcy case and retain Capstone Law, PLLC to represent me in connection with that bankruptcy case, I understand the following: 1. All information that I am required to provide with a petition and thereafter during a case under this title must be complete, accurate and truthful. 2. All of my property, whether I possess it or not, and all of my assets and all of my liabilities must be completely and accurately disclosed in the documents filed to commence the case, and I must disclose the replacement value of each asset as defined in §506 of the Bankruptcy Code in the documents I file where requested after I have made a reasonable inquiry to establish such value. 3. My current monthly income, my actual living expenses (the amounts specified in §707(b)(2)), and, in a case under Chapter 13 of this title, all of my disposable income (which will be determined in accordance with §707(b)(2)) must be fully accurately stated after I have made reasonable inquiry. 4. I understand that information I provide during my case may be audited pursuant to this title, and that failure to provide such information may result in dismissal of the case under this title or other sanction, including criminal sanctions. I acknowledge that my attorney has fully explained these obligations to me.
Section 527(b) Disclosure
\IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICES FROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in some localities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITION PREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARER WILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to the see the contract before you hire anyone. The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service you need. Although bankruptcy can be complex, many cases are routine. Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief available under the Bankruptcy Code and which form of relief is most likely to be beneficial for you. Be sure you understand the relief you can obtain and its limitations. To file a bankruptcy case, documents called a Petition, Schedules, and Statement of Financial Affairs, as well as in some cases a Statement of Intention, need to be prepared correctly and filed with the bankruptcy court. You will have to pay a filing fee to the bankruptcy court. Once your case starts, you will have to attend the required first meeting of creditors where you may be questioned by a court official called a “trustee” and by creditors. If you choose to file a Chapter 7 case, you may be asked by a creditor to reaffirm a debt. You may want help deciding whether to do so. A creditor is not permitted to coerce you into reaffirming your debts. If you choose to file a Chapter 13 case in which you repay your creditors what you can afford over 3 to 5 years, you may also want help with preparing your Chapter 13 plan and with the confirmation hearing on your plan which will be before a bankruptcy judge. If you select another type of relief under the Bankruptcy Code other than Chapter 7 or Chapter 13, you will want to find out what should be done from someone familiar with that type of relief. Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but only attorneys, not bankruptcy petition preparers, can give you legal advice.
I/we acknowledge that my attorney has fully explained these obligations to me.
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