THE UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF OHIO
In Re:
DEBTOR NAME
DEBTOR(S) / )
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CASE NO: xx-xxxxx
BANKRUPTCY JUDGE
AGREED ENTRY GRANTING RELIEF FROM STAY AND APPOINTMENT OF STATE COURT COUNSEL

Now comes Keith L. Rucinski, the Chapter 13 Trustee, the debtor, by and through undersigned counsel, and Attorney (name), the attorney representing the debtor in a personal injury action which occurred on or about September 10, 2006.The parties state the following:

  1. This Chapter 13 case was filed on or about October 30, 2008.
  2. The Statement of Financial Affairs, line 4, lists various lawsuits the debtor has against parties; however, no reference is made of said lawsuits on Petition Schedule B.
  3. During the 341 Meeting of Creditors, the debtor informed the Trustee that he has pending litigation for a personal injury action which occurred on or about September 10, 2006.
  4. The debtor has chosen Attorney (name), to represent him in the personal injury action which occurred or about September 10, 2006.
  5. Attorney (name) agrees to represent the debtor in the personal injury action and to use best efforts to recover funds for the debtor and the Chapter 13 estate.
  6. The parties agree that the debtor shall be allowed any personal injury exemption allowed under the Bankruptcy Code and the current Ohio revised exemption statutes.
  7. Attorney (name) agrees to represent the debtor on a contingency basis based on the following formula:

(Gross Proceeds – Expenses) x 33 1/3

  1. Attorney (name) agrees to hold any recovery of funds in escrow pending a distribution order approved by the US Bankruptcy Court.
  2. The parties agree that the automatic stay pursuant to 11 USC Section 362 shall hereby be modified to allow the debtor to pursue state court negotiation and/or litigation to resolve the personal injury action which occurred on or about September 10, 2006.
  3. The debtor understands and agrees that he, not the Chapter 13 estate, shall be responsible for all costs associated with respect to the personal injury action.
  4. The debtor, through counsel, also agrees to amend Petition Schedule B to list the personal injury which occurred on or about September 10, 2006.
  5. The parties agree that said personal injury action is property of the bankruptcy estate pursuant to 11 USC Section 541.

WHEREFORE, the agreed entry between the parties is well taken. The automatic stay pursuant to 11 USC Section 362 is hereby modified to allow the debtor to pursue state court negotiation and/or litigation with respect to the personal injury action which occurred on or about September 10, 2006. Furthermore, Attorney (name) agrees to represent the debtor and to use best efforts to recover funds on behalf of the debtor and the bankruptcy estate.

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Submitted by:

______

Keith L. Rucinski, Chapter 13 TrusteeAttorney Name, Esquire

Ohio Reg. No. 0063137Counsel for the debtor

One CascadePlaza, Suite 2020Ohio Reg. No. ______

Akron, OH44308Address

Tel 330.762.6335City, Sate, Zip

Fax 330.762.7072Tel

Fax

Email

______

Attorney Name, Esquire

Personal Injury Counsel

Ohio Reg. No. ______

Address

City, State, Zip

Tel

Fax

Email

cc:

Debtor Name

Address

City, State, Zip

(via Regular Mail)

Personal Injury Attorney, Esquire

Address

City, State, Zip

(via Regular Mail)

Chapter 13 Attorney Name, Esquire (via ECF)

US Trustee (via ECF)

Keith L. Rucinski, Chapter 13 Trustee (via ECF)