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Utah ABP Agreement
Utah ABP Agreement
Utah ABP Agreement
Utah ABP Agreement
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Re: Affordable Bankruptcy Retainer Agreement a/k/a Two Contract Procedure (“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.
Is a Guarantor Required?
1. Our Legal Services.
Engagement hereunder is contemplated under a two-contract procedure wherein you sign this Affordable Bankruptcy Retainer Agreement to cover the prepetition services. Upon filing an emergency bankruptcy petition, we will provide you with a second agreement (“ABP Completion Agreement”) that will cover the costs and fees associated with all postpetition services. There are attendant risks associated with the two-contract procedure, which are outlined in the attached Two-Contract Disclosure and incorporated herein by this reference. Pursuant to Local Rule 2091-1 of the Local Rules of Practice of the United States Bankruptcy Court for the District of Utah (the “Local Rules”), this agreement does not limit the scope of representation in Client’s chapter 7 case. Rather, this agreement memorializes the fee arrangement between Client and Firm. In the event that Client fails to comply with Client’s obligations under this Agreement or otherwise fails to sign the ABP Completion Agreement, Firm may seek permission to withdraw from the case by filing a motion with the Bankruptcy Court. Firm will continue to be counsel of record for the Client, however, until such time when the case is closed or dismissed, or the Court enters an Order authorizing Firm to withdraw from the Case. The services provide hereunder are for the filing of an emergency bankruptcy petition (“Services”). The Services are: (a) an initial consultation; (b) Analysis of your financial situation; (c) exemption planning; (d) file setup; (e) enrollment in a credit counseling course; (f) prior case records search; (g) putting your case in our schedule; (h) preparing your emergency Petition; (i) preparing an application to pay the filing fee in installments; and (j) filing the emergency Petition and application to pay the filing fee in installments with the Court. You understand and acknowledge that the Services contained herein do not contemplate a complete bankruptcy filing. YOU UNDERSTAND THAT YOU MUST EITHER ENGAGE A PROFESSIONAL TO ASSIST YOU IN COMPLETING YOUR BANKRUPTCY FILINGS OR COMPLETE THEM YOURSELF OR YOUR CASE MAY BE DISMISSED WITHOUT A DISCHARGE.
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 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 for Services, which is due prior to filing your Petition is the Prepetition Amount set forth above (“Fee”). The Fee is earned upon receipt of payment for your consultation, exemptions planning, file setup, questionnaire, records search, and putting your case in our schedule and will be deposited into the Firm’s operating account, whether or not a bankruptcy case is filed. Fees will not be refunded even if your case is not filed with the court. The Fee includes a portion towards your court filing fee, the cost for credit counseling, and the cost for your credit report. The remaining court-filing fee must be paid according to the Application To Pay Filing Fees in Installments or your case will be dismissed without a discharge and you will be ineligible to pay the court’s filing fee in installments in any future filings. You are responsible for all actual costs associated with your bankruptcy (“Costs”).
4. Fees For Additional Legal Services.
To engage us under the ABP Completion Agreement for all postpetition services, including without limitation complete the Additional statements, schedules and related documents required to complete a bankruptcy filing, you will need to do ALL of the following within 7 days: (a) execute an ABP Completion Agreement with us, which requires an additional fee at the Firm’s then prevailing rate, which currently is the Postpetition Amount set forth above; (b) complete and submit the client questionnaire; and (c) provide all of the applicable documents. You acknowledge and agree that your bankruptcy filing will be incomplete if you do not engage us to complete the emergency filing.
If you do not engage and provide ALL the information required to complete your filing within 7 days, your case is subject to dismissal because your bankruptcy filing will be incomplete.
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
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.
Authorized Payment Schedule
Authorized Account-holder Signature
This Two-Contract Disclosure memorializes your understanding about our Two-Contract engagement option and sets forth the options that we have discussed with you. Accordingly, you acknowledge and agree:
the Services contained in the Pre-petition agreement under the Two-Contract Procedure do not contemplate a complete bankruptcy filing;
the fees arising under the ABP Completion Agreement will NOT be discharged in your bankruptcy case and you will be liable for all amounts thereunder;
The Firm has made you aware of other potential ways to pay for attorney's fees and costs other than through the Two-Contract option. Alternative options include client paying the Firm in full prior to filing either by installments, or in one lump sum, which client understands would cost less than the cost of the Two-Contract Procedure; After filing of the emergency Petition under the Two-Contract Procedure, you have the following three options for post-petition legal services:
You can complete your case pro se;
You can hire another bankruptcy attorney to complete the case; or You can hire the Firm to complete the case;
To hire the Firm to complete the case, you will be required to second ABP Completion Agreement after your emergency case has been filed. The amount due under the ABP Completion Agreement is subject to interest, so the faster you pay the balance, the less you will be required to pay.
If you do not hire the Firm to complete the post-petition legal services necessary to complete the case, you must do the following to complete the case or otherwise prevent the case from being dismissed:
Pay the court filing fees by the dates shown on the Application To Pay Court Filing Fees in Installments; File the completed statements, schedules and related documents with the court within 14 days of filing the emergency petition, including without limitation Schedules A, B, C, D, E, F, G, H, I, J, Statement of Financial Affairs, and Chapter 7 Statement of Intention. These form can be found at http://www.uscourts.gov/forms/bankruptcy-forms; and Provide pay advises for the sixty (60) day period immediately before filing the case to the Chapter 7 Trustee within 45 days of the filing of the emergency petition; If you do not hire the Firm for post-petition services the Firm, Pursuant to Rule 2091-1 of the Local Rules of Practice of the United States Bankruptcy Court for the District of Utah (the “Local Rules”), the Firm may file a motion with the Court to withdraw as counsel, but will remain as attorney of record and is obligated to continue to represent you in all respects until such time when the case is closed, dismissed or the Court enters an Order authorizing the Firm to withdraw from the Case.
You have had the opportunity to ask questions about the Two-Contract Procedure and obtain answers to those questions before signing this Disclosure, and you do so consciously and freely.
I (we) have had an opportunity to review the Disclosures herein, seek independent legal advice, if I/we so choose, and acknowledge and consent to the Disclosures contained herein.
Bankruptcy Disclosures - Exhibit A
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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