Utah 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”). Services are: (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 your Petition, schedules, & statement of affairs (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) responding to court and/or trustee directives.
  • 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 and Schedules; (c) timely comply with any 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.
  • 3. Legal Fees For Our Services. The amount due to the Firm for Services, which is due prior to filing your Petition is the Prepetition Amount set forth above (“Fee”). 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. All Fees are earned upon receipt of payment for services rendered and will be deposited into the Firm’s operating account, whether or not a bankruptcy case is filed. Reasonably earned Fees will not be refunded. The Firm cannot file your Petition until the 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, . 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. You are responsible for all actual costs associated with your bankruptcy (“Costs”). The unpaid portion of court filing fee according to the Application to Pay the Filing Fee in Installments is included in the Fee described in this Section 3. You are responsible for any Costs that exceed $200.
  • 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 Utah 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 the City of Orem, Utah County, State of Utah.
  • 7. Documents Obtained From Client. This office does NOT ever retain paper documents from its clients. 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.
  • 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/ Russell B. Weekes
    Russell B. Weekes
    Managing Member