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

Agreement made between Test Weekes ('Client') and Weekes Law, with principal address at 493 S Spanish Trails Blvd Spanish Fork, Utah 84660 ('Attorney').

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 Attorney. In the event that Client fails to comply with Client’s obligations under this Agreement or otherwise fails to sign the contemplated second agreement after filing, Attorney may seek permission to withdraw from the case by filing a motion with the Bankruptcy Court. Attorney 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 Attorney to withdraw from the Case.

  1. Purpose of Employment

Client hires Attorney to provide legal services in connection with the filing of a Chapter 7 Bankruptcy.

  1. Pre‐Petition Services:

Client understands that Attorney is going to charge for the following pre‐ petition bankruptcy services: meeting and consulting with Client as needed; detailed analysis of Client’s questionnaire; and preparation and filing of a Chapter 7 Voluntary Petition, Statement About Social Security Numbers, Pre‐filing Credit Counseling Briefing Certificate and List of Creditors. Client also understands that Attorney may incur costs for items such as credit reports for which it will not seek reimbursement. Client understands that once the bankruptcy is filed, Client will not be legally obligated to pay any fees for pre‐petition services to Attorney. If any pre‐petition fees are owed to Attorney and not paid as of the filing of the bankruptcy case, they will be discharged in the bankruptcy and may not be collected by Attorney or its assignees.

  1. Post‐Petition Options:

This contract contemplates that Attorney will provide all the necessary services required for commencing a Chapter 7 bankruptcy case on Client’s behalf. Attorney’s contractual responsibilities will end upon completion of the filing of the bankruptcy case. However, Attorney will remain professionally obligated to serve as counsel for Client in the case until the Bankruptcy Court allows Attorney to formally withdraw. Client understands that there remains post‐petition legal work necessary to finish the bankruptcy case and receive a discharge. After my bankruptcy case is filed, client shall have three options regarding post‐petition representation:

a. Client may retain Attorney to represent Client in the post‐petition proceedings. Client will be presented with a second retainer agreement where Client will promise to pay the attorney’s fees in the amount of $ (plus any necessary post‐petition costs) for Attorney to represent Client in the post‐petition proceedings, including the following services:

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

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

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

iV. Review of any redemption agreements;

V. Review of any reaffirmation agreements;

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

vii. File motions to reopen (if necessary).

b. Client may seek to retain other legal counsel; OR

c. If the Court grants attorney’s motion to withdraw as counsel, Client will then proceed without legal representation (pro se). Although Client is not prohibited from proceeding pro se, Client recognizes that choosing this option may result in the remainder of the bankruptcy proceeding without any legal representation.

Client shall have ten (10) days from the date the bankruptcy case is filed to retain Attorney for the post‐petition services in this case. If Client does not formally retain Attorney within that period, then Client understands that Attorney may file a motion with the court seeking withdrawal as counsel. Client is further advised that they should seek the advice of independent counsel before entering into this Agreement with Attorney.

  1. 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.

  1. 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.

  1. 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.

  1. 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.

  1. FORFEITURE OF FEES:

Upon payment of the initial fee, Attorney will take phone calls from creditors prior to filing. In order to stop harassing phone calls, many clients pay the initial fee prior to turning in the documents necessary to complete the paperwork. Attorney will only take phone calls for 14 days after fees are paid without the paperwork being turned in. After the two weeks have expired, if Attorney has not received the paperwork, Client will be billed for the time spent stalling creditors. If the bankruptcy is not filed within 90 days of payment of the initial fee (due to delay on Client's part) any fees paid will be forfeited and deemed earned by Attorney.

  1. CREDIT REPORT:

Client's signature on this form shall be authorization for Attorney to obtain credit reports on Client's behalf. Furthermore, Client agrees to execute any other authorization needed to obtain a credit report as may be required by the provider.

  1. 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.

  1. 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.

  1. FAVORABLE OUTCOME NOT WARRANTED:

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

  1. 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.

  1. Court Filing Fee:

Client agrees to pay the court filing fee of $338 directly to the Court. The fee shall be paid as follows:

i. $100 within two (2) weeks fo filing;

ii. $100 within four (4) weeks fo filing; and

iii. $138 within six (6) weeks fo filing.

  1. How To Make Court Filing Fee Payment:

The Bankruptcy Court will accept cash, and U. S. Postal Service money orders, cashier’s checks, travelers checks (payable to U.S. Bankruptcy Court), American Express, Discover, MasterCard, and VISA for payment of fees. Client will call 801‐524‐6687 to make the payment by phone.

  1. Dismissal of Bankruptcy If The Court Fees Aren't Timely Paid:

Client understands that if the payments are not paid to the Court as stated above, that the Court may dismiss Client’s bankruptcy without any notice. Client agrees to pay Attorney $500.00 to file a motion to reopen the bankruptcy. Said fee shall be paid to Attorney prior to filing. If the bankruptcy is dismissed, Client will not be protected by the bankruptcy automatic stay until the case is reinstated.

  1. 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.

  1. 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.

  1. 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.

 

BANKRUPTCY DISCLOSURES

  1. Bank Accounts, Tax Returns, Money, and Property in Client’s Possession at the Time of Filing:

Any money or property in Client’s possession, tax refunds due or coming due or in Client’s bank account at the time of filing of the bankruptcy is property of the bankruptcy estate and may no longer by Client’s. If Client received a tax refund prior to filing, the trustee may require Client to provide a detailed accounting as to how the refund was spent.

  1. Meeting of Creditors:

Client must attend the first meeting of creditors and bring the required items requested by the trustee. Failure to do so may result in Client’s case being dismissed.

  1. Trustee:

Do not contact the Trustee. The Trustee is not interested in Client’s problems. The Trustee represents Client’s creditors. At the meeting of Creditors, the Trustee may ask for additional documents. Please provide those documents directly to Attorney and the Attorney will give the requested documents to the Trustee.

  1. Credit Repair:

Client has hired Attorney to file for bankruptcy. Absent a separate fee agreement to repair Client’s credit, it is Client’s responsibility to monitor Client’s credit report. Client understands the filing of a bankruptcy will reflect as a negative mark on Client’s credit report and will be on record for up to 10 years. The filing of a bankruptcy will remain on Client’s credit even if the case is dismissed (voluntarily or involuntarily).

  1. Utilities:

Client will remain current on all utility bills. Client understands that if they are not current on the utilities, their services may be shut down. Client further understands that the utility companies may charge a deposit upon the filing of the bankruptcy.

  1. Debts that are Generally Not Dischargeable:

The following is a list of debts that are generally not dischargeable in a bankruptcy:

a. Secured Loans (if Client retains the collateral);

b. Credit card charges or other debts incurred within 90 days before filing and/or speaking with Attorney;

c.  Student Loans:

d. Most tax obligations;

e.  Alimony and child support payments; and

f. Fines and criminal penalties.

  1. Garnishments:

If Client is being garnished, Client is required to properly notify the appropriate party at Client’s place of employment of the filing of the bankruptcy. Client must also verify with the appropriate authority at Client’s place of employment that the garnishment has stopped. Bankruptcy will only protect wages that are earned after the bankruptcy is filed. If any wages are garnished from Client’s earnings after the filing of the bankruptcy, it can take time for a reimbursement check to be processed.

  1. Reaffirmation Agreements:

In Chapter 7 Bankruptcy, if a debt is secured by property that Client wants to keep (for example: car or home) Client must keep making the payment on the debt during the bankruptcy. The bank must agree to allow Client to keep the asset.

  1. Incur Debt:

If client incurs debt after the filing of the bankruptcy, it will not be included in the bankruptcy. This means that Client will be responsible for paying back any new obligations or debts incurred.

  1. Do not Dispose of any Property During the Bankruptcy:

Everything that Client owns or may have a legal or equitable right to when the bankruptcy is filed is considered property of the bankruptcy estate, which is subject to Trustee and Court supervision. If Client disposes of property of the bankruptcy estate that the Trustee has a right to receive, Client’s discharge may be revoked, and the Trustee can sue Client for the value of the property sold and/or disposed of. Client may also be charged criminally.

  1. Preferential Transfers:

If Client paid more than $600 to a creditor within the last 90 days before the filing of the bankruptcy, the Trustee may be able to get that money back for the bankruptcy estate. If the creditor was a family member or friend, the look back period is 1 year before the filing of the bankruptcy.

  1. Inheritance:

If Client is entitled to receive any life insurance proceeds or an inheritance within six months after the bankruptcy is filed in a Chapter 7 bankruptcy, that property is part of the bankruptcy estate. In a Chapter 13 Bankruptcy any inheritance received during the bankruptcy is part of the bankruptcy estate.

  1. Tax Refunds:

Tax refunds are part of the bankruptcy estate. If Client receives a refund prior to or during the bankruptcy, do not dispose of or spend the refund without first talking to Attorney.

  1. Communication:

It is Client’s duty to notify Attorney of any changes in address, phone number, email or other change in circumstances. The primary form of communication will be by email.

  1. Personal Decision:

Client understands that the decision to file a bankruptcy is a personal decision and not a legal one. Client has been advised as to the legal consequences of filing and chooses to file the bankruptcy on Client’s own free will and accord.

  1. Debts:

Client must list ALL creditors (ie: mortgage companies, credit union, child support and alimony, credit cards, disputed debts, co‐signed debts, business and personal loans, debts to family and friends, and student loans, even if not due yet or current). Client understands that it is a crime to willfully refuse to list all creditors.

  1. Property:

Client must list ALL property, both real or personal, that Client owns or may have a legal or equitable interest in (ie: property, furniture, stocks, bonds, lawsuits, potential lawsuits, debts owed to Client, jewelry, cars equipment, accounts receivables, interest in property, money in accounts, livestock, life insurance cash surrender values, and anything else of value). Client knows it is a crime to willfully refuse to list all property.

  1. Changes in Information:

Client must inform Attorney of any changes that occur subsequent to the filing of the bankruptcy case with the Court or after the filing of the case.

  1. Post‐Petition Debts:

Client is not allowed to incur debt while in a Chapter 13 case, without the express written approval from the Bankruptcy Court, including the purchase of vehicles or houses. Client is not allowed to incur debts like credit cards, check loans, or similar while in the Chapter 13 bankruptcy.

  1. Insurance Coverage:

Client is required AT ALL TIMES to maintain adequate insurance coverage on my vehicles or on any property secured by a loan, unless insurance coverage is waived in writing by the lender. Client understands that failure to maintain required insurance coverage is cause for the Court to allow the secured creditor to repossess or foreclose. Problems with Client’s case caused by failure to maintain insurance coverage will result in additional attorney’s fees.

  1. Criminal Matters:

Client understands that bankruptcy will not protect client as to criminal prosecutions, fines, or restitutions (ie: bounced checks, DWI, DUI, theft, public/government benefits fraud, school or disability benefits received fraudulently, …) or charges resulting from a failure to have automobile liability insurance.

  1. Perjury:

Client understands that if information is withheld or misrepresented information in the statements, schedules, and/or under oath may be subject to criminal prosecution by the U.S. Trustee’s Office, acting under the authority of the U.S. Department of Justice. If such an investigation did occur, Client would have rights against self‐ incrimination.

  1. Immigration Status:

If the Client is in the country illegally, the filing of the bankruptcy may result in an investigation as to Client’s immigration status.

  1. Domestic Support Obligations:

Client must continue to make current ongoing alimony or child support payments directly, and Client could face state court action. If Client is in a Chapter 13 Bankruptcy, failure to make the ongoing payments could result in a dismissal or conversion of the case to a Chapter 7 Bankruptcy. These fees are NOT paid by the Trustee.

  1. Post‐Petition Mortgage Payments:

If Client intends to keep their home, Client must make regular monthly payments to the mortgage company. That payment is not included in the Trustee payment. Only past‐due mortgage payments are included in the payment to the Trustee.

  1. Post‐Petition homeowner Association Fees:

If Client owes any Homeowners Association (HOA) fees, the filing of a bankruptcy will only resolve payments due prior to the filing of the case. Client is not protected for any post‐petition HOA fees incurred. If client is filing a Chapter 13 Bankruptcy, only past due fees at the time of filing will be paid through the Chapter 13 Plan. If Client is filing a Chapter 7 Bankruptcy, only pre‐petition past due fees will be discharged if Client is surrendering the property. For both Chapter 7 and Chapter 13 Bankruptcy cases where Client is surrendering the Property, all HOA fees that become due after the case is filed are the Client’s responsibility until someone else assumes the ownership of the property, which requires more than merely surrendering or moving out of the property.

  1. Surrendered Property:

Client understands that if property is surrendered to a creditor, Client may be responsible for loss or damage to the property, other than normal wear and tear. Client understands that creditor will be able to repossess or foreclose on such property.

  1. Student Loans:

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 above. 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 $285.00 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.

Initial Retainer Payment Date:

Retainer Amount:  

Card Number:  

Exp Date:  

CIV:  

Cardholder Address: 

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

Dated: 

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Signed by Russell Weekes
Signed On: August 17, 2022


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Document name: Ind Ch 7 Prepetition Agreement
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