TERMS OF ENGAGEMENT FOR
R. "TREY" ARVIZU, III - ATTORNEY
We are a debt relief agency. We help people file for bankruptcy relief under the bankruptcy code.
These are the terms of my engagement as your attorney. They can only be changed in writing and by mutual agreement. Please review these terms carefully and contact me promptly with any questions you may have.
Initial Retainer: Minimum of $150.00
General Description: Consumer Chapter 7 Bankruptcy
Fee Arrangement: $795.00 legal fee; $299.00 filing fee; tax $77.95 – total of $1,171.95
FEES TO BE PAID WITHIN THREE MONTHS OF INITIAL RETENTION
HOWEVER, IF YOUR CASE IN NOT FILED BY THE END OF THE CURRENT MONTH, WE CANNOT GUARANTEE THAT YOU WILL BE ELIGIBLE FOR CHAPTER 7 BANKRUPTCY RELIEF IF YOUR INCOME CHANGES
BILLING AND FEE POLICY
UNDERSTANDING. I am pleased to have the opportunity to represent you. My goal is to provide the highest quality and most efficient legal services possible. Experience has shown that our relationship will be stronger if we begin it with a clear understanding about my fees and their payment. This memorandum will apply to all matters which I am asked to represent you.
FEES. My fee in this instance will be a flat fee arrangement. This means that you will not be billed on an hourly basis; rather, my fee is stated above and will include representing you in matters pertaining to your non-contested bankruptcy.
ADDITIONAL CHARGES. Should a creditor desire to contest your bankruptcy, you will be charged an additional fee. Further, should you desire to contest the non-dischargeability of debts such as taxes and student loans, an additional fee will be required. Please keep in mind that the majority of cases I file are uncontested, and if I feel there might be a problem with your case, I will make every effort to advise you up front. However, I cannot always accurately predict how your creditors will react to your bankruptcy filing. If you wish us to pursue a refund of garnished funds, there will also be a contingency fee of 1/3 of the returned funds.
Also, there are additional charges for the following – these amounts include gross receipts tax:
□Debt counseling certificate – To be determined by the provider ($30.00 to $50.00)
□Emergency Petitions - $213.00 – An emergency petition may be necessary if there is an impending court proceeding such as a sale of a home in foreclosure or garnishment.
□Motions to avoid liens - $160.50 per lien to avoid – A lien avoidance is necessary to remove liens against your property. For instance, if you have a judgment against you and the judgment has been recorded with the county clerk, then it is considered to be a lien against any property you have. This type of lien in most instances can be avoided.
□Releases of Garnishment - $107.00 per Release – A release of garnishment is necessary to stop creditors from continuing to garnish funds from your paycheck.
□Non-filing Spouse - $107.00 – If you are married and your spouse is not filing for bankruptcy, then it is necessary to file additional paperwork to notify your creditors that there is a non-filing spouse.
□Credit Reports (All three bureaus) - $80.25 for individual; $107.00 for joint – Credit reports are not required; however, it is highly recommended that you obtain a credit report to ensure that you have listed all creditors.
□Self-employed/Business/Corporate Chapter 7 – additional charge depending on complexity – if you are self-employed, additional paperwork is necessary to report the financial information for your business. Additional fee charged: ______
□Amending incorrect Social Security Number - $107.00 per amendment – During the course of your preparing
your bankruptcy, you will be required to check and double check the correctness of your social security number. When you sign your paperwork, you are making a promise to the bankruptcy court that all the information contained in the paperwork is true and correct. If you sign the paperwork and it has a wrong social security number listed, you will be charged to correct this misinformation.
□Adding creditors after filing case with court - $107.00 per instance – After we have prepared your paperwork and file it with the bankruptcy court, if you discover that there is another creditor that should have been listed, you will be charged to add that creditor in your bankruptcy.
□Objecting to Motions to Lift the Automatic Stay - $160.50 per instance – During the course of your bankruptcy, secured creditors are permitted to seek bankruptcy court permission to continue collection efforts against you. Secured creditors do this by filing a Motion to Lift the Automatic Stay if you are behind on payments. If you want to dispute a Motion to Lift the Automatic Stay, then an additional fee is necessary for the additional paperwork and court appearances required.
□Negotiating Reaffirmation Agreements - $107.00 per Agreement – Reaffirmation Agreements are required for you to be able to keep your collateral on secured debts. However, in some instances, our office is able to negotiate a better deal for you such as reducing payments, interest or the debt. If you want to hire our office to negotiate these matters, an additional fee is necessary for the additional time it takes to do this.
□Above median income – special circumstances may have to be addressed. If so, you will be required to pay additional fees to be determined at a later date.
It is extremely important that you review your paperwork carefully to be sure that all your creditors are listed and your social security number is correct.
Should anything happen during the course of my representation in this matter that would require an additional fee to be paid, you will be notified before being billed for the charge. Sometimes bankruptcies are not as routine as we would like them to be. For instance, creditors can cause problems which were not contemplated before the filing of the bankruptcy. If this is the case, additional hearings and filings of paperwork will need to be done. These things take additional time; therefore, additional charges will be incurred.
Should you require any further assistance after your bankruptcy is discharged, there will be an additional charge to be determined at that time.
PAYMENT. Payment is due prior to filing your bankruptcy case. You may make smaller payments in advance of the time of filing; however, please be advised that your bankruptcy case will not be filed before all the money is received. Payment should be made by check, money order, or cash and payable to the Arvizu Law Office.
RETAINERS AND PAYMENTS PRIOR TO FILING. An initial retainer of at least one hundred fifty dollars is required before I can commence working on your case. Likewise if you desire to tell your creditors that you have retained me as your attorney and you are filing chapter 7 bankruptcy, you are required to first pay a retainer of one hundred fifty dollars. Payment arrangements may be made. However, please be advised that I cannot file your bankruptcy until I have received the entire amount stated above
If I have received a retainer and/or subsequent payments from you and you decide that you do not want to file a bankruptcy OR if you do not pay your entire attorneys fees and costs within three months from the date of retention, your money is nonrefundable.
QUESTIONS. If you have questions about any aspect of our arrangements or my statements from time to time, please feel entirely free to raise those questions. It is very important that I proceed on a clear and satisfactory basis in my work for you. I am open to discussion of all of these matters.
ACCEPTED AND AGREED TO:
DATE: ______
BY: ______
______
I hereby acknowledge receipt of the following paperwork (please initial):
Instruction Sheet for Bankruptcy Questionnaire ______Client Questionnaire______
(initials) (initials)