CHAPTER 13 BANKRUPTCY RETAINER AGREEMENT

DEBTOR RETAINS ATTORNEY TO FILE A CHAPTER 13 BANKRUPTCY CASE. IF THE DEBTOR DETERMINES AT A LATER DATE THAT THE DEBTOR DESIRES TO FILE A CHAPTER 7 BANKRUPTCY CASE, THE PARTIES SHALL EXECUTE A NEW FEE CONTRACT SETTING FORTH THE TERMS OF SUCH REPRESENTATION. IF DEBTOR ELECTS TO CONVERT THE CHAPTER 13 CASE TO A CHAPTER 7 CASE, THEN ATTORNEY SHALL BE UNDER NO DUTY TO PREPARE AND FILE THE NECESSARY COURT PAPERS UNTIL THE NEW FEE AGREEMENT HAS BEEN SIGNED AND THE AGREED UPON FEES PAID.

I/WE UNDERSTAND THAT MUTUAL COURTESY AND RESPECT ARE ESSENTIAL FOR THE ATTORENY/CLIENT RELATIONSHIP TO SUCCEED. THE ATTORNEY WILL RESPOND TO ALL LETTERS, AND RETURN A LL PHONE CALLS, PROMPTLY. CLIENT AGREES TO DO THE SAME, AND TO ADVISE ATTORNEY IN ADVANCE IF HE/SHE IS UNABLE TO MAKE AN APPOINTMENT, COURT DATE, DEPOSITION OR OTHER EVENT.

I UNDERSTAND THAT COURT, DEPOSITION AND OTHER DATES MAY INVOLVE THE SCHEDULES OF OTHER ATTONREYS. I AUTHORIZE MR. O'KEEFE TO AGREE TO REQUESTED ADJOURNMENTS OF ALL SUCH MATTERS AS A MATTER OF ROFESSIONAL COURTEWSY AT HIS DISCRETION.
CLIENT AGREES TO IMMEDIATELY NOTIFY ATTORNEY OF ANY CHANGE IN HOME, WORK OR EMAIL ADDRESS OR PHONE NUMBER.
CLIENT ACKNOWLEDGES BEING ADVISED THAT FILING BANKRUPTCY OF ITSELF WILL NOT STOP CREDIT UNION PAYROLL DEDUCTIONS. CLIENT MUST WITHDRAW THE WRITTEN PERMISSION GIVEN FOR THOSE DEDUCTIONS TO STOP THEM. CLIENT ACKNOWLEGES BEING ADVISED TO WITHDRAW ALL MONEY FROM ANY ACCOUNT AT A CREDIT UNION, OR BANK, OR OTHER INSTITUTION, TO WHICH CLIENT OWES MONEY.

I/WE DO HEREBY RETAIN KURT O'KEEFE TO FILE AND REPRESENT ME/US ON A CHAPTER 13 BANKRUPTCY. MR. O'KEEFE AGREES TO PREPARE AND FILE THE PETITION AND SCHEDULES, PLAN, CONFIRMATION AND PAYMENT ORDERS, OT REPRESENT ME/US AT THE 341 HEARING, AND THE CONFIRMATION HEARING. CLIENT ACKNOWLEDGES BEING ADVISED THAT BANKRPTCY LAW ALLOWS UTILITY COMPANIES TO REQUIRE A DEPOSIT FOR CONTINUED SERVICE.
COSTS FOR COPYIN, POSTAGE, ET CETERA, WILL BE BILLED SEPARAELY.

THE MINIMUM AGREED ATTORNEY FEE IS

CLIENT ACKNOWLEDGES THAT PRE-CONFIRMATION WORK MAY RESULT IN FEES HIGHER THAN THE ABOVE MINIMUM BEING APPROVED BY THE COURT, AND POST CONFIRMATION WORK WILL RESULT IN ATTORNEY APPLYING FOR ADDITIONAL FEES.
I/WE HAVE PAID AND THE BALANCE OF OR WHATEER IS APPROVED BY THE COURT, IS DUE THROUGH THE CHAPTER 13 PLAN.
ANY WORK DONE BY MR. O'KEEFE BESIDES WHAT IS STATED ABOVE IS NOT COVERED BY THIS PAYMENT AND MAY REQUIRE ADDITIONAL COMPENSATION, SUBJECT TO THE APPROVAL OF THE BANKRUPTCY COURT.
IF THE PLAN IS NOT CONFIRMED, AND THE CASES IS DISMISSED OR CONVERTED TO CHAPTER 7, OR, IF THE CASE IS DISMISSED AFTER CONFIRMATION, ATTONREY FEES AND COSTS MAY BE AWARDED BY EITHER OT THESE TWO COURT SUPERVISED METHODS:

A) IN THE ORDER DISMISSING OR CONVERTING THE CASE TO CHAPTER 7, AT THE TIME OF DISMISSAL OR CONVERSION, NOT TO EXCEED THE MINIMUM TOTAL AGREED TO ABOVE, OR
B) BY APPLICATION. IF FEES ARE NOT AWARDED IN THE ORDER DISMISSING THE CASE, (ODC), OR IN THE ORDER CONVERTING THE CASE, (OCC) DEBTOR'S AUTHORIZE THE TRUSTEE TO HOLD THE BALANCE ON HAND FOR 30 DAYS FOLLOWING THE ENTRY OF THE ODC/OCC AS A FUND FOR PAYMENT OF ATTORNEY FEES AND COSTS THAT SHALL BE DETERMINED BY THIS COURT URSUANT TO 11 USC 330 AND LOCAL RULE 2016(b). IF NO APPLICATION IS FILED WITHIN THE 30 DAY PERIOD, THE RESERVED FUNDS WILL BE RELEASED FOR DISTRIBUTION BY THE TRUSTEE. IF AN APPLICATION IS FILED, THE TURSTEE SHALL HOLD ALL FUNDS UNTIL AN ORDER IS ENTERED DISPOSING OF THE APPLICATION.

THE CURRENT HOURLY RATE CHARGED BY MR. O'KEEFE IS $320.00.
I/WE HAVE PAID $274 TOWARDS THE $274 FILING FEE, AND $50 FOR CREDIT COUNSELING.
CLIENT AGREES TO COOPERATE FULLY WITH ATTORNEY, IN ALL RESPECTS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

A. APPEARING FOR OFFICE CONFERENCES WHEN REQUESTED BY ATTORNEY
B. PROMPTLY RESPONDING TO ALL REQUESTS BY ATTORNEY, OR BY ANOTHER PARTY, FOR INFORMATION, SUCH S BY WAY OF INTERROGATORIES, DEPOSITIONS, RULE 2004 EXAMS, OR BY THE TRUSTEE AT THE 341 OR OTHER HEARING.
C. COMPLYING WITH ALL OTHER REQUESTS MADE BY ATTORNEY RELATING TO THE CLIENT'S CASE.

CLIENT UNDERSTANDS:
ALL DEBTS MUST BE LISTED, INCLUDING DEBTS THAT WILL NOT BE DISCHARGED, SUCH AS PAST DUE CHILD SUPPORT, STUDENT LOANS, TAXES;
DEBTS THAT YOU WANT TO KEEP PAYING, LIKE HOUSE OR CAR,
DEBTS THAT YOU CO-SIGNED FOR SOMEONE ELSE, OR, THAT SOMEONE ELSE CO-SIGNED FOR YOU,
DEBTS TO FAMILY MEMBERS AND FRIENDS,
DEBTS THAT YOU DISPUTE, THAT YOU DO NOT AGREE THAT YOU OWE, OR, THAT HAVE NOT YET BEEN DETERMNED THAT YOU OWE

ALL ASSETS MUST BE LISTED
THIS INCLUDES POSSIBLE LASUITS OR WORKER'S COMPENSATION CLAIMS THAT HAVE NOT YET BEEN FILED BY YOU. FAILURE TO LIST SUCH A CLAIM MAY RESULT IN YOU NEVER BEING ABLE TO PURSUE THE CLAIM IN THE FUTURE.

AND: YOU ARE UNDER OATH IN A FEDERAL COURT, FILING INACCURATE PAPERS CAN RESULT IN YOU NOT GETTING A DISCHARGE OF YOUR DEBTS AND POSSIBLE CRIMINAL CHARGES AGAINST YOU.

CLIENT AGREES TO COOPERATE WITH ATTORNEY, TO OBEY ALL COURT ORDERS, TO AVOID VIOLATION OF ANY INJUNCTIONS, AND TO REFRAIN FROM UNLAWFUL CONDUCT AS IT RELATES TO THIS CASE. A BREAH OF THS PROVISION SHALL ENTITLE ATTONREY TO SEEK TO WITHDRAW FORM THE CASE.

CLIENT IS AWARE THAT ATTONREY'S TIME IS LIMITED, AND THAT TIME FOR WHICH CLIENT WILL BE BILLED INCLUDES:

A. ALL TIME SPENT BY THE ATTORNEY ON THE CASE
B. ALL TIME SPENT ON THE TELEPHONE BY ATTONREY, WITH CLIENT OR ANYONG ELSE REGARDING THE CASE
C. ALL TIME SPENT BY ATTONREY TRAVELING BETWEEN HIS OFFICE, AND A COURT, OR ANY OTHER PLACE, IN CONNECTION WITH THE CASE
D. ALL TIME SPENT BY ATTONREY DOING LEGAL RESEARCH REGARDING THE CASE;
E. ALL TIME SPENT WRITING LEGAL DOCUMENTS AND/OR EMAILS, LETTERS, OR ANYTHING ELSE IN CONNECTION WITH THE CASE
F. ALL TIME SPENT BY ATOTNREY IN COURT, INCLUDING TIME SPENT WAITING FOR CLIENT'S CASE TO BE CALLED.O
ATTORNEY MAKES NO PRIMISES OR REPRESENTATIONS AS TO THE OUTCOME OF THE CASE, BUT AGREES TO USE HIS BEST EFFORTS ON BEHALF OF CLIENT. CLIENT ACKNOWLEDGES THAT ATTONREY HAS NOT MADE ANY PROMISES OR RPRESENTATIONS AS TO THE ULTIMATE OUTCOME OF THIS CASE.

UNDER NO CIRCUMSTANCES SHALL ATTORNEY BE REQUIRED UNDER THIS AGREEMENT TO:

A. REPRESENT CLIENT IN AN APPEAL OF ANY DECISION;
B. REPRESENT CLIENT IN A MOTION FOR RECONSIDERATION OR MODIFICATION;
C. REPRESENT CLIENTIN ANY PROCEEDINGS N ANY OTHER LAWSUITS, ACTIOS OR OTHER PROCEEDINGS ARISING OUT OF HIS/HER CONDUCT IN THIS CASE, OR ANY OTHER CASE.

PURSUANT TO U. S. TREASURY DEPARTMENT REGULATION 31 CFR PART 10, SECTION 10.35, BE ADVISED THAT, UNLESS OTHERWISE EXPRESSLY INDICATED, ANY FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION, INCLUDING ATTACHMENTS, IS NOT INTENDED OR WRITTEN TO BE USED, AND MAY NOT BE USED, FOR THE PURPOSE OF (i) AVOIDING PENALTIES THAT MAY BE IMPOSED ON THE TAXPAYER UNDER THE INTERNAL REVENUE COE OF 1986 AS AMENDED OR (ii) PROMOTING, MARKETING OR RECOMENDING TO ANOTHER PARTY ANY TAX-RELATED MATTERS ADDRESSED HEREIN.

I UNDERSTAND THAT IT IS MY RESPONSIBILITY TO MAKE THE PAYMENTS TO THE TRUSTEE. I UNDERSTAND THAT MY FIRST PAYMENT IS DUE NO LATER THAN 30 DAYS AFTER MY POLAN IS FILED. I UNDERSTAND THAT I AM TO KEEP PROOF OF ALL PAYMENTS THAT I MAE TO THE TRUSTEE.

THE SOURCE OF THE PAYMENTS MADE BY THE DEBTOR TO ATTORNEY WAS THE EARNINGS OF THE DEBTOR AND
THE ATTORNEY HAS NOT SHARED OR AGREED TO SHARE WITH ANY OTHER ENTITY ANY COMPENSATION PAID, OR TO BE PAID, EXCEPT AS FOLLOWS:

I/WE ACKNOWLEDGE RECEIVING A COPY OF THIS AGREEMENT. CLIENT CONSENTS TO ATTORNEY DISPOSING OF HIS/HER PHYSICAL FILE, INCLUDING ALL DOCUMENTS, TWO YEARS AFTER THE END OF THE REPRESENTATION. CLIENT GRANTS AN ATTORNEY'S LIEN TO ATTORNEY IN ALL PROPERTY CREATED WITH ATTORNEY'S EFFORTS, SPECIFICALLY INCLUDING ANY FUNDS PAID TO A CHAPTER 13 TRUSTEE. CLIENTAUTHORIZES ANY CHECK FROM THE TRUSTEE IN CLIENT'S NAME TO BE DEPOSITED IN ATTORNEY'S TRUST ACCOUNT, TO BE DIVIDED BETWEEN CLIENT AND ATTORNEY, CLIENT TO BE PAID ANY BALANCE REMAINING AFTER THE ATTORNEY FEES ARE PAID.

CLIENT FURTHER REPRESENTS THAT HE/SHE/THEY HAVE READ ALL THE INFORMATION IN THE SCHEDULES AND THAT HE/SHE/THEY UNDERSTAND HE/SHE/THEY MAY BE INCARCERATED IF ANY OF THE INFORMATION PROVIDED IS FALSE, OR IF HE/SHE/THEY FAILED TO PROVIDE ANY INFORMATION.

CLIENT UNDERSTANDS THAT MAJOR REVISIONS TO THE BANKRUPTCY LAWS TOOK EFFECT OCTOBER 17, 2005, AND THE PRECISE MEANING OF MANY OF THE CHANGES IS YET TO BE DETERMINED BY THE COURTS, AND NO ONE CAN PREDICT WITH ANY ACCURACY HOW THE LAW WILL BE APPLIED.

CLIENT ACKNOWLEDGES THAT, LIKE CELL PHONE CALLS, EMIALS CANNOT BE GUARANTEED TO BE CONFIDENTIAL.

DATE:

________________