Ch 13 Flat Fee Agreement Page 2

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employment as required by statute, and filing certificate of pre-discharge education, and
preparing and filing prior to confirmation a certification that the debtor is current in all
post -petition support obligations and filed all applicable and required federal, state and
local tax returns and filing prior to discharge a certification regarding domestic support
obligations as provided in 11 USC 1328(a);
Representation at the Meeting of Creditors or Examinations held pursuant to FRBP 2004;
filing motion and statement in support of confirmation; and appearance at initial
confirmation hearing, if required;
Responding to and resolving common and foreseeable issues and objections to include but
not be limited to objections to confirmation, motions for relief from the automatic stay,
assumption or rejection of unexpired leases or executory contracts, valuation of collateral,
pre-confirmation adequate protection payments, income directives, objections to proofs of
claim, tax refunds and bonuses, license reinstatements and post petition repossessions and
garnishments, requests from the office of the United States trustee and routine motions to
dismiss;
In business cases, assisting in the preparation and filing of required financial reports.
3.
Debtor agrees to pay legal fees and filing fees as follows:
a.
An agreed flat fee of $ _____________ for the legal services and associated
expenses set out in paragraph (2) above, and filing fees of $_____________.
b.
A retainer of $___________, which will be deposited in the attorneys trust
account. Any transfer from the trust account will only occur after confirmation of
the plan. The balance of $___________remaining between the agreed flat fee of
$_________ and the retainer paid of $__________ will be paid from monies paid
to the Chapter 13 trustee and in accordance with the Chapter 13 plan.
c.
Additional fees for legal services not included in those set out above, and for
which the attorney may submit a supplemental application, before or after
confirmation, for such services in accordance with local rules and that if the fees
are approved they will be paid from monies paid to the Chapter 13 trustee and in
accordance with the Chapter 13 Plan. Additional fees will be on an hourly rate
basis of $_________ per hour.
4.
It is understood that by agreeing to a flat fee, the attorney need not keep detailed time
records, and that if the case is dismissed, before or after confirmation of the plan, that
payment of the balance of the flat fee agreed to is the responsibility of the debtor, but if
the case is converted to a case under Chapter 7, any fees remaining due and owing are
payable to the attorney only if reaffirmed by the debtor in accordance with section 524(c)
of the Bankruptcy Code.

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