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  • Re: Chapter 13 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 bankruptcy 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) verification of representation with creditors; (d) reviewing the questionnaires and documents provided by You in anticipation of preparing your case; (e) preparation and filing of Your Petition, schedules, statement of affairs, and plan; (f) representing You at the 341 meeting of creditors (“341 Meeting”) and Chapter 13 Plan confirmation hearing; (g) responding to court and/or trustee directives; (h) reviewing and objecting to proofs of claim filed with the Court in connection with Your case; and (h) filing a certificate of completion upon completion of Your Plan payments.
  • 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 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 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. The remaining amount of the chapter 13 fees and any additional cost will generally be paid to the Firm by Your chapter 13 trustee from Your chapter 13 plan payments. You agree that reasonable compensation for the Services described herein is the Court adopted “no look fee” amount or hourly billing at the Firm’s then prevailing hourly rates, whichever is higher. The Firm’s current hourly rate for attorneys ranges from $175-$300 and office staff rates range from $75 - $125 per hour. The Firm shall be entitled to any and all fees awarded by the Bankruptcy Court. You understand and agree that if the chapter 13 case is dismissed or converted to a chapter 7 prior to payment of the attorney’s fee in full, You irrevocably assign any refund or excess funds held by the trustee to the Firm to be applied to any unpaid fees and that You are responsible for any amount charged hereunder not paid through the Plan. You authorize the Firm to negotiate and cash any refund from the Trustee.
  • 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), including motions to extend time, motion to continue 341 or meeting or confirmation hearing, motion to modify the plan, adversary proceedings or other contested matters, or we incur additional cost associated with Additional Legal Services, an additional is required. The Firm will provide Additional Legal Services at the Firm’s prevailing hourly rates and may seek compensation from the plan payment before seeking payment from You. You are responsible for any amounts not paid through the Plan.
  • 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; (h) bankruptcy’s automatic stay, which prevents creditors from collecting against You, does not apply until Your case if filed with the court; (i) You will be required to contribute a portion of Your tax refunds for the first three years of the Plan; (j) You have an ongoing obligation to inform the Court of any new property acquired during the term of Your chapter 13 Plan.
  • 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.