Sample Chapter 7 Retainer Agreement


HARLEY A. FEINSTEIN has agreed to represent you in a Chapter 7 Bankruptcy case under the following terms and conditions:

1. You promise to pay the attorney a total of [fill in amount of fee] This sum covers attorney’s fees. In addition to paying the fee you understand that there are costs involved which you agree to pay. These include filing fees and counseling fees. The filing fee is $335.00.

Client has agreed to give the attorney an initial retainer in the amount of [fill in amount of down payment] This sum shall be credited against the money you owe. This initial retainer (as well as any sums you pay the attorney for attorney fees at a later time) is a traditional, non-refundable retainer, fully earned when paid. You have agreed to make regular payments on the balance. Once you have paid the full attorney’s fee, received credit counseling, and provided the data, and supporting documentation and have reviewed and signed the papers, attorney will file your petition for bankruptcy.

Please note: The client must pay the attorney the attorneys’ fees and the filing fees before the attorney files the bankruptcy papers. The attorney is prohibited by law from filing the bankruptcy before the attorney is paid in full since the attorney is not permitted to be a creditor of the debtor when the bankruptcy papers are filed.

2. The attorney agrees to prepare the bankruptcy petition, schedules, and statement of affairs; review reaffirmation agreements; and appear with you at the initially scheduled meeting of creditors.

3. The attorney has not agreed to provide services for collateral matters and for matters which arise after the initially scheduled meeting of creditors, such as:

a. Motions to avoid liens
b. Complaints filed against you, such as complaints to determine the dischargeability of debts or objecting to your discharge.
c. Opposing objections to your claim of exemptions.

4. If any of the matters covered in No. 3 above or other collateral matters arise, and you want the HARLEY A. FEINSTEIN to represent you, and HARLEY A. FEINSTEIN agrees to do so, you agree to pay additional fees at HARLEY A. Feinstein’s prevailing billing rates for the attorney, $220.00 dollars/hour.

You agree to be truthful with us, to cooperate, to keep us informed of developments, to abide by this Agreement, and to keep us advised of your current address, phone number and whereabouts. Further, it is your responsibility to provide us with the information and supporting documentation requested.
You also agree to review your bankruptcy papers to ensure that they are factually accurate and that they disclose fully all of your assets and other financial information. The Firm is not responsible for determining whether there are other assets or claims that are or may be relevant to your bankruptcy case if you fail to inform us of them.
Each bankruptcy case is unique.

We may ask you to fill out an online questionnaire and paper questionnaire to assist us in preparing your case and we may ask you for additional information not listed above. We also recommend reading the firm’s website periodically for important information concerning bankruptcy.

6. You may discharge HARLEY A. FEINSTEIN at any time. HARLEY A. FEINSTEIN may withdraw from your case with your consent or for good cause. Good cause includes your breach of this contract, for example, if your bill becomes more than 60 days past due, if you do not communicate with us, or if your conduct makes it unreasonably difficult to carry our employment effectively.

7. Attorney does not have errors and omissions insurance for this case.

8. You acknowledge receipt of a copy of this agreement.

Dated: ____________

Dated: ____________
Harley A. Feinstein

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