Section 11.26 MOW 2016-1.4 Form, Rights and Responsibilities Agreement Between Chapter 13 Debtors and Their Attorneys

• Library: Bankruptcy 2015 Cum - Forms

This form is available at:

www.mow.uscourts.gov/forms.html

MOW 2016-1.4 (5/22/07)

IN THE UNITED STATES BANKRUPTCY COURT FOR THE

WESTERN DISTRICT OF MISSOURI

IN RE:

Debtor(s)

Case No.

RIGHTS AND RESPONSIBILITIES AGREEMENT BETWEEN

CHAPTER 13 DEBTORS AND THEIR ATTORNEYS

It is important for persons who file a Chapter 13 bankruptcy case to understand their rights and responsibilities. It is also important for them to know what their attorneys’ responsibilities are and the necessity of communicating openly with their attorneys to make the case successful. Attorneys’ clients also are entitled to expect certain services to be performed by their attorneys. In order to assure that clients and their attorneys understand their rights and responsibilities in the bankruptcy process, the following Rights and Responsibilities have been adopted by the Bankruptcy Court for the Western District of Missouri. The signatures below indicate that the responsibilities outlined in the agreement have been accepted by the Clients and their attorneys. Nothing in this agreement is intended to modify, enlarge or abridge the rights and responsibilities of a “debt relief agency,” as that term is defined and used in 11 U.S.C. § 101, et. seq.

Any attorney retained to represent you in a Chapter 13 case is responsible for representing you on all matters arising in the case (unless otherwise agreed as to adversary proceedings or otherwise ordered by the Court). The attorney may not withdraw from a bankruptcy case in this District unless (a) the attorney and you agree to the attorney’s withdrawal and another attorney enters the case on your behalf, or (b) the Court, after notice and a hearing, approves an attorney’s motion for withdrawal or substitution of attorneys. When appropriate, the attorney may apply to the Court for compensation that is additional to the maximum initial fees set out in this agreement.

I. BEFORE THE CASE IS FILED, YOU AGREE TO TIMELY:

1. Discuss with your attorney your goals in filing the case.

2. Cooperate with your attorney in preparing all required bankruptcy papers and documents, thoroughly reviewing drafts of documents, and advising your attorney of corrections needed.

3. Provide your attorney with all documentation he or she requests, including but not limited to accurate copies of the following documents:

a. Certificate of Credit Counseling, together with the debt repayment plan, if any, prepared by the nonprofit budget and credit counseling agency that provided individual counseling services to you prior to bankruptcy.

b. Proof of income you received from all sources in the 6-month period before your case was filed. Some examples include paycheck stubs, Social Security statements, worker’s compensation payments, income from rental property, pensions, disability payments, self-employment income, child and spousal support, and other payments. If you are self-employed or own a business, you should provide report(s) disclosing monthly income and expenses for the 6-month period before the filing date.

c. If another person is expected to contribute to your Chapter 13 case, proof of that person’s income and ability to pay.

d. Copies of federal and state income...