Thank you for contacting attorney David E. Mullis, the Financial Equalizer, to assist you in filing for bankruptcy protection. David E. Mullis, P.C., does hereby offer to represent you under the terms and conditions set forth below.
- This offer is valid if accepted and required fees paid within ninety (90) days of the date of offer below, or if otherwise extended by the attorney.
- You have been given information to inform you of the benefits and consequences of filing a bankruptcy and to allow you to decide whether to file a Chapter 7 or 13.
- After receiving the above information and having been given the opportunity to ask any questions, you hereby wish to proceed forward with filing the following type of bankruptcy:
Chapter 7 (Liquidation)
Chapter 13 (Individual Wage Earners Plan)
- Depending upon the type of bankruptcy that you chose above, the fee in your case will be as follows:
Chapter 7 Chapter 13 _________ Attorney’s Fees _______ Attorney’s Fee (up front) _________ Filing Fee _______ Filing Fee _________ Counseling Fee _______ Counseling Fee _________ Education Fee _______ Education Fee _________ Credit Report _______ Credit Report _________ Total Fee _______ Total Up Front _______ Attorney’s Fees (in plan)
All fees are payable in cash, money order or cashier’s check. We do not accept personal checks. All Chapter 7 fees must be paid prior to filing of the petition. If under special circumstances the attorney allows you to pay a portion of the attorney’s fee prior to filing and a portion after filing, you agree that the post petition payment is for services rendered after filing of the bankruptcy cases. All Chapter 13 Up Front Fees must be paid prior to the filing of the petition. The remaining attorney’s fees will be paid through the Chapter 13 plan.
- If you have chosen to file a chapter 7 case, The attorney’s fees are a flat fee and includes office consultations, preparation of the petition, schedules and related documents, the filing of the petition with the court, attendance at the meeting of creditors, filing of any Motion to Avoid Liens and/or Pleas of Stay, and execution of any reaffirmation agreements or redemptions.
The fee does not include defense against adversarial proceedings (which is a lawsuit brought in Bankruptcy Court against you) or objections to your discharge. Only in rare circumstances will a Chapter 7 client face a suit in the Bankruptcy Court and these are usually based upon allegations of fraud or selling secured collateral out of trust. If a suit is filed against you, the defense of this suit will require additional fees including an up front retainer fee and will be billed on an hourly rate basis plus expenses. For these types of lawsuit defense, my hourly billing rate is presently $200.00 per hour and the charges for paralegal and research assistants are presently $50.00 per hour. The charge for attorney services includes all travel time.
In the event, we must bring an adversarial proceeding against a creditor for any reason such as to stop and seek damages for violating the automatic stay, we will attempt to collect our attorney’s fees from the creditor. However, if the Court does not award attorney’s fees, you will be responsible for our hourly rate attorney’s fees. Most of these types of suits, however, result in a settlement with the creditor that does include payment for attorney’s fees.
- If you have chosen to file a chapter 13 case, the total attorney’s fees (including both up front attorney’s fees and the fees included in the plan) cover the number of hours of attorney’s services equal to the amount resulting from dividing $200 into the total amount of attorney’s fees quoted. (For example, a total of $2,500 divided by $200 per hour equals 12.5 hours). Any services rendered in excess of these hours will be billed through your Chapter 13 plan at a rate of $200 per hour. These services include service related to office consultations, preparation of the petition, schedules and related documents, the filing of the petition with the court, attendance at the meeting of creditors, attendance at the confirmation hearing, and filing of any Motion to Avoid Liens and Plea of Stay.
All services rendered post confirmation such as for modifications of a confirmed plan, objections to proof of claim and responses to motions for relief from the automatic stay shall be billed at $200.00 to the extent that the total number of hours expended in your case from the beginning exceed the number of hours of service stated above. You will not have to pay for these services up front. Instead, we will apply to the Court to have these fees approved and once approved, they will be paid by the Chapter 13 Trustee through your Chapter 13 plan.
- By signing this agreement, we agree to represent only you. We will not disclose confidential information concerning your case with anyone else including family members, even if the family members paid the fees to us on your behalf. You must give us written permission to discuss your case with particular individuals before we will disclose information to them or discuss your case with them.
- Notice to husbands and wives: In the event that spouses file jointly, the undersigned acknowledge that they are husband and wife, that their financial interests and issues are common and not adverse to each other and will best be resolved jointly rather than independently, that they have no conflicting issues between them, financially or otherwise, that this law office is representing their interests jointly, that any information provided to this office by either party can be shared with the other party by this office, and that should a conflict of interest arise between husband and wife that you will notify us in writing immediately and set an appointment to discuss the conflict and the appropriate resolution. The undersigned hereby agrees to hold the law office harmless for the release of any information by this office to the other spouse.
- The services to be rendered to you will be considered terminated upon the dismissal of your case or upon the completion and entry of a discharge and final decree by the Bankruptcy Court. Furthermore, any other services you request from my office will require an additional agreement for services and additional fees.
- The undersigned acknowledge and agree that the filing of a Bankruptcy may negatively affect their credit report and rating and could negatively affect the credit report and rating of a co-debtor and that this law office is not responsible for any problems you or a co-debtor may have with their credit report as a result of filing a bankruptcy.
- You agree to provide us at all times with a correct and current United States mailing address, a physical address, any telephone numbers and any email address where you can be contacted. Furthermore, you will notify us of any change in mailing address immediately upon change so that we can notify the Court of such a change. This will insure that you receive all notices relevant to your case.
- You agree that you have read the following agreement, that it has been explained to you to your satisfaction, and that you have had the opportunity to ask questions concerning all of its terms.
- The attorney shall not provide any further bankruptcy assistance until such time as you sign and return an agreement along with the required up front fees to this office. No attorney client relationship shall exist until such time as this agreement is executed, delivered and paid, except to the extent necessary to hold your information in confidence.
- If you accept this offer for this firm to provide you with bankruptcy assistance, then your signature on this form shall be authorization for this firm to obtain credit reports on your behalf and to file a bankruptcy petition for you via the Bankruptcy Court’s Electronic Case Filing System and all other subsequent court filings in your case through this system. Furthermore, you agree to execute any other authorization to obtain your credit report as may be required by the provider of the credit report.
So offered this ________ day of ________ , 200 ___ .
David E. Mullis, P.C.
David E. Mullis, Attorney
So accepted this ________________ day of ________ , 200 ___ .