CHAPTER 7 RETAINER AGREEMENT
I UNDERSTAND THAT MUTUAL COURTESY AND RESPECT ARE ESSENTIAL
FOR THE ATTORNEY/CLIENT RELATIONSHIP TO SUCCEED. ATTORNEY
WILL RESPOND TO ALL LETTERS, AND RESPOND TO ALL EMAILS AND
PHONE CALLS, PROMPTLY. CLIENT AGREES TO DO THE SAME, AND TO
ADVISE ATTORNEY IN ADVANCE IF HE/SHE IS UNABLE TO MAKE AN
APPOINTMENT OR COURT DATE.
I understand that court, deposition and other dates may
involve the shedules of other attorneys. i authorize Mr.
O'Keefe to agree to requested adjournments of all such
matters as a matter of professional courtesy, at his
discretion.
CLIENT AGREES TO IMMEDIATELY INFORM ATTORNEY OF ANY CHANGE
IN HOME OR WORK ADDRESS, PHONE NUMBER, OR EMAIL ADDRESS.
Client understands that major revisions to the bankruptcy
laws took effect October 17, 2005, and the precise meaning
of many of the changes is yet to be determined by the
Courts, and no one can predict with any accuracy exactly
how the law will be applied.
I UNDERSTAND THAT BANKRUPTCY STAYS ON MY CREDIT RECORD FOR
UP TO TEN (10) YEARS.
I do hereby retain Kurt O'Keefe to file and represent me on
a Chapter 7 bankruptcy. Mr. O'Keefe agrees to prepare and
file the Petiton, Schedules and other required pleadings,
and to appear with me at the 341 hearing.
Client acknowledges being advised that bankruptcy law
allows utility companies to require a deposit for continued
service.
Client acknowledges being advised that filing bankruptcy of
itself WILL NOT STOP credit union payroll deductions or
electronic fund transfers from a bank account. Client must
withdraw the written permission given for those deductions
to stop them. Client acknowleges being advised to withdraw
all money from any account at a credit union to which
client owes money, BEFORE THE PETITION IS FILED.
The minimum total cost is:
The minimum agreed attorney fee is:
I have paid $299.00 of the $299.00 filing fee, which goes
to the Clerk of the Court, plus, $50 for credit counseling.
FULL FILING FEE AND DUE BEFORE THE CASE WILL BE FILED
Any work by Mr. O'Keefe besides what is stated above,
including, but not limited to:
A) adversary proceedings
B) objections to
discharge
C) debtor's examination
D) contested motions or other matters
E) objections to exemptions
F) any and all actions to be contested seeking relief from
the automatic stay
G) adjourned court dates
is not covered by this payment and may require additional
compensation.
The current hourly rate charged by Mr. O'Keefe is $320.00
Client agrees to cooperate fully with Attorney, in all
respects, including, but not limited to the following:
A. appearing promptly for office converences when requested
B. Promptly responding to all requests by Attorney, or by
another party, for informationn, such as documents, or by
questions through Interrogatories, Rule 2004 exams, or
other depositions
C. complying with all other requests made by Attorney
relating to furthering Client's case
CLIENT UNDERSTANDS:
ALL DEBTS MUST BE LISTED, including debts that will not be
ischarbed, such as past due child support, student loans,
taxes;
Debts that you want to keep paying,
Debts that you co-signed for someone else, or, that someone
else co-signed for you,
Debts to family members and friends,
Debts that you dispute, that you do not agree you owe
ALL ASSETS must be listed, you will not be able to keep an
asset you do not list
This includes possible lawsuits, or worker's comp claims,
that have not yet been filed by you.
FAILURE TO LIST SUCH A CLAIM MAY RESULT IN YOU NEVER BEING
ABLE TO PURSUE THE CLAIM IN THE FUTURE.
You are under oath in a Federal Court, filing inaccurate
papers can result i you not getting a discharge of your
debts and possible criminal charges against YOU.
Client agrees to cooperate with Attorney, to obey all Court
Orders, to avoid violation of any injunctions, and to
refrain from unlawful conduct.
Any breach of this provision shall entitle Attorney to seek
to withdraw from the case.
CLIENT IS AWARE THAT ATTORNEY'S TIME IS LIMITED, AND THAT
TIME FOR WHICH CLIENT WILL BE BILLED, IF APPLICABLE,
INCLUDES:
A. All time spent on the case by Attorney;
B. All time spent on the telephone by Attorney, with Client
or anyone else regarding the case;
C. All time spent by Attorney traveling between his office,
and a Court, or any other place, in connection with the
case;
D. All time spent by Attorney doing legal research
regarding the case;
E. All time spent writing and/or reading legal documents,
letters or anything else in connection with the case;
F. All time spent by Attorney in Court, including time
spent waiting for Client's case to be called.
Attorney makes no promises or representations as to the
outcome of the case, but agrees to use his best efforts on
behalf of Client.
Client acknowledges that Attorney has not made any promises
or representations as to the ultimate outcome of this legal
matter.
Under no circumstances shall Attorney be required under
this Agreement to:
A. Represent Client in an appeal of any decision;
B. Represent Client in a Motion for Reconsideration or
modification;
C. Represent Client in any proceedings in any other
lawsuits, actions or other proceedings arising out of
his/her conduct in this case, or any other case.
ANY ADVERSARY PROCEEDINGS COST EXTRA
ANY UNITED STATES TRUSTEE ACTIONS REGARDING THE MEANS TEST,
OR OTHER BUDGET ISSUES, COST EXTRA
FOR ANY COURT APPEARNCES CAUSED BY CLIENT MISSING A
HEARING, A MINIMUM ATTORNEY FEE OF $320 WILL BE CHARGED.
FOR ANY 2004 EXAM (DEPOSITION) , A MINIMUM OF $320 ATTORNEY
FEE WILL BE CHARGED.
Client acknowledges that student loans are not
dischargeable unless the debtor can prove hardship.
INCOME TAXES
For income taxes to be discharged, it must be more than 240
days since the tax was assessed, it must be on Client's own
income, for a tax year for which the return was initially
due, including any extensions, more that three years before
the bankruptcy petition is filed, and, the return must have
actually been received by the IRS or other authority more
than two years before the bankruptcy petition is filed. It
is the Client's responsibility to determine the dates
his/her returns were deemed filed, by the IRS.
Pursuant to U. S. Treasury Department Regualtion 31 CFR
Part 10, section 10.35, be advised that, unless otherwise
expressly inicated, any federal tax advice contained in
this communication, including attachments, is not intended
or wtitten to be used, and may not be used, for the purpose
of () avoiding penalties that may be imposed on the
taxpayer and the Internal Revenue Code of 1986 as amended
or (ii) promoting, marketing or recommending to another
party any tas related matters addressed herein.
The source of the payments made by Client to Attorney was
earnings of the Debtor and
The Attorney has not shared or agreed to share with any
other entity any compensation paid, or to be paid, except
as follows:
I understand that any credit card I have may be canceled as
a result of filing bankruptcy.
THE UNITED STATES TRUSTEE HAS STARTED AN
AUDIT PROGRAM. IF YOUR CASE IS AUDITED, FAILURE TO
PROVIDE INFORMATION REQURESTED BY THEM, OR TO OTHERWISE
COOPERATE, COULD RESULT IN DENIAL OF YOUR DISCHARGE.
I acknowledge that, like cell phone calls, emails cannot be
guaranteed to be confidential.
I acknowlege receiving a copy of this agreement. Client
consents to Attorney disposing of his/her physical file,
including all documents, five years after the end of the
representation.
CLIENT FURTHER REPRESENTS THAT HE/SHE/THEY HAVE REVIEWED
ALL OF THE INFORMATION IN THE BANKRUPTCY SCHEDULES AND
UNDERSTAND THAT HE/SHE/THEY MAY POTENTIALLY BE INCARCERTAED
IF HE/SHE/THEY HAVE WITHELD ANY INFORMATION OR PROVIDED ANY
INFORMATION THAT IS INCORRECT.
Date: