CONTRACT TO EMPLOY ATTORNEY FOR Post‐PETITION
LEGAL SERVICES IN A CHAPTER 7 BANKRUPTCY

Agreement made between ('Client') and Weekes Law of 493 S Spanish Trails Blvd, Spanish Fork, Utah 84660 ('Attorney'). 

Client has been advised that Client is not obligated to sign this agreement for legal services and that Client has further been advised to seek counsel from another attorney regarding this Agreement. Client has further been advised that Client may choose to retain another attorney apart from Attorney or proceed without legal representation (though Attorney will continue to represent Client until such time when the court enters an order authorizing Attorney to withdraw as my attorney in the bankruptcy case, or the bankruptcy case is closed or dismissed). Notwithstanding these disclosures, Client agrees to the following.

1. Purpose of Employment

Client hereby retains Attorney to represent Client’s legal interests in the post‐ petition proceedings of the bankruptcy case filed under Chapter 7 of the United States Bankruptcy Code. Client promises to pay Attorney $ (plus any necessary post‐petition costs) as a non‐refundable, flat fee to Attorney. Such representation includes services represented below.

a. Preparation and filing of my Statement of Financial Affairs and Schedules;

b. Preparation for and attendance at the Meeting of Creditors;

c. Review and attendance (if necessary) to motions for stay relief;

d. Review of any redemption agreements;

e. Review of any reaffirmation agreements;

f. Follow through with case administration and monitor the court docket; and

g. File motions to reopen (if necessary).

2. Additional Fees That May Be Incurred:

Unless otherwise specified below, Client agrees to pay Attorney at the hourly rate of $300.00 and any assistant at the hourly rate of $85.00. Client understands that it is the practice of Attorney to compute fees at a minimum of 1/10 an hour.

a. Additional Meetings With Clients: The quoted fee includes one initial meeting, the meeting to turn in paperwork, and the meeting to sign the paperwork. Client may be billed for any additional meetings.

b. Incomplete Paperwork: The quoted fee presumes that Client will provide all the information necessary to prepare the bankruptcy in a timely manner, and no later than 14 days after signing this agreement. If you have questions while preparing the paperwork please call or email Attorney. Client will be billed for any additional efforts to collect the information.

c. Unreasonable Delay. Client will be billed for time that is spent dealing with creditors, or amendments to paperwork caused by unreasonable delays in getting paperwork filed. Attorney will take phone calls from creditors upon payment of the initial retainer. If the paperwork is not turned in within 14 days Client will be billed for the time spent stalling creditors. If Client's paperwork must be updated due to delays on Clients part, then Client will billed for time spent amending the paperwork.

d. Changes At The Time of Signing. Any substantial changes to Client's paperwork at the time of signing due to incomplete information being provided or delay on Client's part will be additional fees.

e. 341 Meetings. An additional fee of $500.00 will be charged if Client does not appear at the meeting of creditors or it is necessary to continue the meeting.

f. Amendments To Paperwork Filed With The Court. In addition to any filing fee, Client will be billed for any amendment to paperwork filed with the court. This includes, but is not limited to amending budget, amending assets/exemption schedules, and statement of financial affairs.

g. Contact With Creditors. Client will not be charged for providing creditors listed in the bankruptcy with information about the petition, schedules, Statement of Financial Affairs, Statement of Intent and Plan. However, other interaction with creditors will be billed to Client. Client will be billed for time dealing with creditors that were omitted from the bankruptcy paperwork. There are no guarantees that creditors will comply with the bankruptcy laws, if it is necessary to inform creditors about Client's rights or otherwise force them to comply with the bankruptcy laws Client will be billed for time spent on those matters.

h. Inquiries From Clients. In order to maintain the fee quoted above, any inquiries from Client (including but not limited to, phone calls, letters, or meetings) after the bankruptcy is filed will be billed to Client. This includes inquiries made on behalf of Client (e.g., real estate agents, mortgage brokers, or other attorneys representing the Client).

i. Garnishment. Any funds garnished prior to the bankruptcy and subsequently recovered by Attorney will be first applied to any unpaid filing fee, then to any unpaid attorney fees, and then the balance being paid over to Client.

j. Audits. The U.S. Trustee’s office audits a small percentage of the bankruptcy cases. The time and cost of responding to any audit is not included in the base fee and will be billed to Client.

Depositions. A party may schedule Client's deposition. Responding to requests for information or appearing at a deposition is not covered by the base bankruptcy fee and will be billed to Client.

k. Trustee and United States Trustee (UST). The trustee or UST may request information that was not required to be provided at the time of filing (e.g., verification of property values, verification of expenses, or documents regarding transfers). This is common if Client's household income is above the median income. Time spent dealing with the trustee or UST is not included in the base fee and will be billed to Client.

l. Adding Creditors. After the filing of the bankruptcy, if it is necessary to add additional creditors, Client will pay a fee of $60.00 plus $10.00 per creditor added to the bankruptcy.

m. Reaffirmation Agreement. It may become necessary to negotiate, execute, and file with the Court a Reaffirmation agreement for the Client to retain property secured by a loan/lien. Client agrees to pay $100.00 per reaffirmation agreement.

n. Adversary Proceedings and Motions. Client will be billed at the hourly rate stated above plus filing fee if any responding and/or initiating any adversary proceeding or motion.

o. Real Estate. If Client owns real estate it is Client's duty to pull a title report and request Attorney in writing through a separate representation agreement to address or otherwise resolve any liens or claims that may be attached to the real estate.

3. ADDITIONAL COPIES OF PAPERWORK:

You will be supplied one complete copy of your bankruptcy paperwork. You will need to keep these for your records. Additional copies of any paperwork will be a flat fee of $50.00.

4. CLIENT'S DUTIES:

Client shall be truthful with Attorney, cooperate with Attorney, provide Attorney with all documents and information requested within a timely manner, keep Attorney informed of developments, abide by this Agreement, and keep Attorney advised of Client’s address, telephone number and whereabouts.

5. RETURNED CHECKS:

If a check is returned due to insufficient funds, Client will be charged a $40.00 fee. Future payment will only be accepted in the form of a money order or cashier’s check.

6. AFFECT ON CREDIT:

Client acknowledges and agrees that the filing of a Bankruptcy may negatively affect Client's credit report and rating and could negatively affect the credit report and rating of a co‐debtor. Attorney is not responsible for any problems a codebtor may have with their credit report as a result of Client's bankruptcy. It is the duty of Client to notify any co‐debtors of the bankruptcy filing. Client further understands that it is Client's responsibility to determine whether or not any damage to Client's credit will impact employment.

7. SUBSTITUTION OF ATTORNEY:

Client shall not substitute Attorney without the consent of Attorney, except for misconduct or incapacity of Attorney to act. If substitution is effected in violation of this agreement, Attorney shall be entitled to the full share and fee stated above.

8. LIEN:

Client hereby grants to Attorney a lien on Client’s real estate, file, papers, pleadings, research, or work product in Attorney’s possession until representation of Client by Attorney is concluded or terminated and all fees and costs due to Attorney from Client have been paid in full. Client authorizes Attorney to file any other lien permitted by law to secure payment of any amounts owed under this agreement, including but not limited to an Attorney's Lien or Notice of Interest on Client's property.

9. FAVORABLE OUTCOME NOT WARRANTED:

Attorney makes no warranties regarding the successful outcome of the bankruptcy.

10. ATTORNEY'S FEES:

If any action is filed in relation to this agreement, the unsuccessful party in the action shall pay the prevailing party’s reasonable attorney’s fees and costs.

11. REVIEWS:

You agree that they have an absolute duty to inform and consult with Attorney PRIOR to posting any negative, critical and/or defamatory statements online and to give Attorney 30 days written notice to cure and/or remedy your concerns. If Attorney is unable to cure/remedy concerns within 30 days, then you may post online. You agree that any breach of this paragraph is a material breach of contract and will give rise to liquidated damages to Attorney in the amount of $2500 per violation of this part.

18. ENTIRE AGREEMENT:

This agreement constitutes the entire agreement between the parties, and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding on either party except to the extent incorporated into this agreement.

12. Modification of Agreement:

Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if in writing and signed by each party or an authorized representative of each party.

Retainer and Payment Schedule

I authorize the payment schedule below and all future payments to be automatically billed to my debit/credit card account listed below. I understand payment will be processed on the dates listed for the services I have requested. Should Ascent not be able to collect payment from my debit/credit card, work on my case may be ceased without notice, which could result in delay in court filing, delayed replies to the court on my behalf as well as additional court fees, legal fees and penalties which could negatively impact my case. Additional charges may be incurred and would be owed by me for work on my case, as per the retainer agreement. Ascent will attempt to contact me at the phone number and/or address provided for matters regarding my case or payment. I understand and agree that it is my responsibility to provide an active, authorized debit/credit card for payment on file and update contact or payment information for the continued processing of my case. I further understand that I cannot use a credit card to pay for any bankruptcy services. I understand that until the final agreement to retain the law firm has been signed, I will be billed at an hourly rate of $300.00 for attorney’s and $150.00 for paralegal/legal assistants who might work on this matter. If this matter is terminated early, Ascent shall be entitled to a minimum fee of $200.00 as a file set up fee.

Remainder Amount: $2000

Initial Post-petition Payment Date:

Card Number:  

Exp Date:  

CIV:  

Cardholder Address:  

Each party to this Contract to Employ Attorney for Post-Petition Legal Services in a Chapter 7 Bankruptcy and Payment Schedule has caused it to be executed and binding on the date indicated below.

Dated: 

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Document name: Ch 7 Post-Petition Agreement

Unique Document ID: b78b1c917b6059d7fc5dc38d9c1ab7f8ae0a0024

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Timestamp	Audit
March 14, 2022 7:42 pm MDT	Ch 7 Post-Petition Agreement Uploaded by Russell Weekes - admin@weekes-law.com IP 67.199.176.154

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