OUR CONTRACT AND MUTUAL PROMISES
We agree to prepare and file what is a ”routine“ consumer non-business Chapter 7 case for you for the attorney fee [price] agreed upon once paid. You agree to the restrictions and limitations which are shown and listed here in the agreement [contract].
You understand and agree that “you” or ”client” refers to the proposed debtor in the Chapter 7 case and ”we”, ”us”, ”attorney”, or ”law firm” refers to the lawyer and the law firm that is helping you with obtaining a discharge of your dischargeable debts through the use of Title 11, United States Code, Chapter 7, and seeking a discharge under that chapter.
You agree to tell us about each of your debts, and prior lawsuits and judgments and creditors; and all of your assets [property, real and personal] in the manner set forth in the Frugal Online Bankruptcy materials so that we can correctly and accurately prepare the petition, statements and schedules for your case. We agree that your materials will be prepared by or under the supervision of a licensed Georgia attorney with many years of consumer bankruptcy practical experience, and that this attorney is the one who will consult with you regarding your case and any issues related thereto. You agree that the $800.00 flat fee for attorney"s fees will not apply if any of the following exceptions apply, [some of these restrictions/disqualifications are simply exclusions for service by the attorney which we and you agree do not and will not apply in a case for you because they are agreed to be excluded] and if we determine later that one of the exclusions/exceptions applies, and you agree that you will pay a reasonable fee not to exceed the attorney"s hourly fee of $325 per hour for the amount of time that dealing with the issue that such exception or exclusion requires:
a. No business interests or operated within the past four calendar years [as shown on your federal income tax returns] which have to be listed on the Statement of Financial Affairs;
b. No previous Title 11 bankruptcy case dismissed within the past year where you need the stay extended or imposed
c. No excessive lien avoidance issues where you have three or more judgments entered against you where motions to avoid liens need to be avoided as to each judgment;
d. No recovery of previously garnished funds where more than a simple letter to the creditor or clerk of state court is required to obtain same;
e. No excessive delay in the filing of the petition from the time initial contact/serious interest in filing (date) to date of completion of all requirements including fee payments exceeds sixty [60] days;
f. No attendance at court to contest issues concerning motions for relief from the stay filed by a creditor [unless Chapter 7 trustee is opposing relief the court will grant relief to the creditor in virtually every case anyway];
g. No involvement in obtaining a creditor"s Reaffirmation Agreement for any debt beyond forwarding by email any proposed reaffirmation agreement to the client for his or her use; verifying that client understands the nature and risk of entering into a reaffirmation agreement with a creditor and signing the ”attorney agreement form” that is part of the reaffirmation process; and providing the client with a form which will explain how the client is to complete the Reaffirmation Agreement Cover Sheet which has to be filed along with the Reaffirmation Agreement in any case where the Reaffirmation Agreement is to be filed.
h. No filing of any letter or motion to delay the entry of a discharge or to delay the closing of a case where you might wish to keep the case open in order to file either the certificate of completion of the debtor education/financial management course [Official Form 423] or the Reaffirmation Agreement;
i. No filing of a case where you are at 99% of or higher than the median income for your household size for this State unless you have a long term debt such as a house mortgage or a vehicle loan for which the payment, when added to the monthly median amount for your household size *** will allow [give you] at least a 10% cushion of the amount allowed to be earned by the Means Test for yourincome.
j. No non-routine motions of any kind are included; examples are a motion to sell real estate or other property, motion to redeem collateral, motion to substitute collateral; motion to further extend time for payment of the filing fee balance; contesting or defending any adversary action to deny the debtor his or her discharge; or contesting the dischargeability of any debt of debtor; contesting the validity of any debt where the trustee is liquidating any asset;
k. No emergency filing of any kind is expected to be accommodated by this agreement although we will attempt to work diligently to prepare the documents and make them available for you to review as soon as possible once you have accomplish your necessary
l. Your residence is not within fifty miles of our office in Athens, as the crow flies essentially. It is expected that your case will be qualified to be filed within the Middle District of Georgia, Athens Division.
Additional information concerning most of these restrictions or disqualifications can be found by taking the link next to the particular item that the you may be interested in or disqualified by, including an estimate for the cost of ”adding such an option to the base price of the $800.00 Chapter 7 fee quoted above.”
We agree that if you are comfortable appearing at the 11 U.S.C. §341 (a) meeting of creditors, a slight reduction in the $800.00 standard fee can be negotiated, but in any event you will be provided with information which will fully prepare you of how to appear, and what to do, and what the likely questions you will be asked at the meeting of creditors in your case.
We agree to inform you and to keep you informed of what is happening at every step of your Chapter 7 case, and of the duties or responsibilities you may have in the case.
You agree to pay the $800.00 attorney" fee with at least one-half down within two weeks of the initial contact/serious interest in filing (date) and the remaining balance within the applicable sixty [60] day period. You agree to pay the filing fee in the manner in which you choose [either up-front or “in installments” and you agree that you will handle payment of those fees (and completion of the second course) with minimal harassment and just a few [one or two] reminders from the law firm. You agree and consent to the free use of your MyCase private online contact page online and agree that this will be the primary and principal means of communicating with the law firm and lawyer. We agree to leave your MyCase private online contact page open and available for at least five to seven (5-7) years after your case is concluded to allow you access to your personal documents and filed bankruptcy papers at any time without charge. You agree that if you make unnecessary and non- emergency telephone calls to the office *** that there will be a minimum charge of not less than $20.00 per call which you agree to pay in addition to the standard fee since you are agreeing that the primary contact method will be through your MyCase private online contact page in order to obtain this $800.00 flat-fee attorney fee price.
You agree that these mutual agreements and promises do not apply unless you enter you name below and click the “I agree” button, and actually pay the agreed upon fees in the manner in which you choose.
I agree with each term of the above and foregoing document and by indicating below, and upon payment, this shall become a binding agreement for me as a qualified candidate.
Name ________________________________ ________________________________
[same price for single individual or couple]You understand and agree that these terms of mutual promise and agreement TAKE EFFECT ONLY after you have filled in your name above and selected “I agree” below; and have paid the total of the agreed-upon attorney"s fees as noted above.
[] I agree