I (We), the undersigned client(s), do hereby retain HOMER M. SCARBOROUGH, JR., to represent me (us) in connection with my (our) Bankruptcy matter, namely: Individual _____, Joint _____, Chapter _____ Bankruptcy.
I (We) have discussed Homer M. Scarborough, Jr.'s representation of me (us) in my (our) Bankruptcy matter, and I (we) have been made fully aware of the parameters of such representation as described below:
1. The primary duty of HOMER M. SCARBOROUGH, JR., Attorney at Law, will be to represent me (us) in my (our) Bankruptcy matter and in connection with this duty he shall proivide the following services:
(a) meet with the client(s) for consultation;
(b) prepare all necessary Bankruptcy forms and petitions; file a Bankruptcy petition with the Clerk of the U. S. Bankruptcy Court;
(d) file any necessary Amendments (except in Chapter 7 Bankruptcy), modifications, etc., pertaining to the case, up to the Confirmation Hearing;
(e) represent client(s) at the 341(a) First Meeting of Creditors, and other necessary hearings up to the Confirmation Hearing, if necessary;
2. The services of HOMER M. SCARBOROUGH, JR., Attorney at Law, shall terminate upon the entry of a Discharge, or dismissal of my (our) Bankruptcy matter.
3. The following services are not included in this agreement, and the client understands that an additional fee will be charged in the event the performance of such additional services should become necessary:
(a) court appearances other than those described in Paragraph 1 above;
(b) conducting any discovery regarding litigation in the Bankruptcy Court;
(c) conducting or attending depositions;
(d) preparation and filing of Amendments (only applicable in Chapter 7 Bankruptcy);
(e) extended negotiations prior to or in lieu of additional Court appearances;
(f) attending hearings on creditor motions;
(g) defending Objections to Discharge, including any Court appearances necessary to this;
(h) all other adversary proceedings and contested matters;
4. The client(s) understand(s) that HOMER M. SCARBOROUGH, JR., Attorney at Law, cannot and does not guarantee the results of this Bankruptcy matter.
5. Client(s) agree(s) that HOMER M. SCARBOROUGH, JR., Attorney at Law, may withdraw as attorney of record in this matter in the event one or more of the following circumstances or events occur:
(a) client(s) demand(s) that Attorney do something illegal;
(b) client(s) refuse(s) to follow Attorney's advice;
(c) client(s) refuse(s) to cooperate with Attorney;
(d) client(s) commit(s) perjury or announce(s) the intention to do so; and
(e) for other good and valid reason.
6. Client(s) agree(s) to cooperate fully with Attorney and agree(s) to communicate on a regular basis. Client(s) understand(s) that in order to successfully conclude this matter, client(s) must perform the following duties and responsibilities:
(a) Client(s) shall be responsible
for providing Attorney with a list of correct
names and address of all creditors owed;
(b) Client(s) shall be responsible
for attending the Section 341(a) First Meeting of Creditors and the Confirmation
Hearing, if necessary;
(c) If, for any reason, client(s) fail(s) to attend any of the aforesaid hearings when required to do so, client(s) agree(s) to pay Attorney an additional fee of $75.00 no less than three (3) days prior to the date of the rescheduled hearing;
(d) Client(s) shall be responsible for supplying Attorney with a current and correct address and telephone number for Client(s);
(e) Client(s) shall be responsible for providing an accurate and current list of all property belonging to the client(s) as well as a fair market evaluation of the value of said property;
(f) Client(s) shall be responsible for the total amount of attorney's fees agreed upon whether or not said fee is paid through a Chapter 13 Plan;
(g) Client(s) shall be responsible for making all payments required under a Chapter 13 Plan directly to the Bankruptcy Trustee;
7. Client(s) agree(s) and understand(s) that all costs and expenses incurred in the course of handling the Bankruptcy case, including but not limited to, filing fees, postage, photocopying, long distance phone calls and miscellaneous out-of-pocket expenses shall be the responsibility of the client(s).
8. Client(s) agree(s) and understand(s) that Attorney
will bill client(s) at the rate of $150.00 per hour for all additional
services performed by Attorney on behalf of client(s) as listed in Paragraph
3 above.
_____ Client agrees to pay an Attorney's Fee in the sum of $_______, together with Court costs of $_______. Said fee and court costs to be paid in full prior to the filing of the Bankruptcy petition.
_____ Client(s) has (have) paid to the Attorney at the execution of this Agreement the sum of $________, the receipt of which is hereby acknowledged, of which $________ is a fee for the preparation of pleadings and schedules and for appearances as hereinabove set forth, and $________ is an advance toward anticipated filing fees and other costs. The remaining balance of $________ for Attorney's Fee to be paid through the Trustee's Office under client's Chapter 13 plan.
IN WITNESS WHEREOF, the parties have set their signatures hereto this ____ day of ___________________, 19_____.
__________________________________
HOMER M. SCARBOROUGH, JR.
__________________________________
Client
___________________________________
Client
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