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A Chapter 7 Bankruptcy Attorney Explains Retainer Agreements

    chapter 7-bankruptcy-attorney retainer agreement

    Hiring a Chapter 7 Bankruptcy Attorney

    Hiring a Chapter 7 bankruptcy attorney is a relatively simple process. Once you have an initial consultation, you and your attorney will enter into a retainer agreement. The agreement will set forth the fees and services available before going forward. It is important that you sign a bankruptcy retainer agreement so that you have a clear understanding on the breakdown of all the fees and costs associated with your bankruptcy. In addition, the bankruptcy retainer agreement provides you with an understanding of the services we will be providing when filing a Chapter 7 bankruptcy on your behalf.

    Retainer Agreements

    Chapter 7 bankruptcy attorney do not proceed without having a clearly defined retainer agreement. This helps to establish the attorney-client relationship. There are certain things that a bankruptcy retainer agreement must contain. The most important of these, is a breakdown of the fees and services that are associated with hiring a bankruptcy attorney.

    This allows you to understand the costs such court costs, fees, pulling a credit report and other miscellaneous fees that may arise along the way.  The bankruptcy retainer agreement also serves as a way for you to understand what the agreement does not cover. In many cases, bankruptcy retainer agreements do not cover out of the ordinary services such as adversary proceedings.

    Listing Services Provided

    A Chapter 7 bankruptcy retainer agreement should list the legal services that are covered under the fee structure.  Additionally a retainer agreement ensures that you understand what legal services are not covered. In light of this fact it is essential that you, and us, have a clearly defined relationship.  This prevents any confusion as to what legal services are being provided in your bankruptcy case.  In many cases, legal services not covered under a standard Chapter 7 bankruptcy include:

    • Correcting mistakes made by you, and amending the bankruptcy filing to reflect accurate information. When you file bankruptcy, it is very important to provide your attorney with accurate and truthful information. Amending your bankruptcy papers, later on, will involve additional costs.
    • Representing you in an adversary proceeding filed by a creditor or by the bankruptcy trustee. If things get more complex, we may have to put in more hours representing you.  Therefore, the attorney will require additional fees. If an attorney does not cover certain services, the retainer agreement should say so.
    • Opposing motions filed by your creditors or the bankruptcy trustee.  For example, there is normally additional fees for motions for relief from an automatic stay.

    Learn more about how we can help you by calling our office and scheduling a consultation.

    NOTE: This is for informational purposes only and does not constitute legal advice.