Jeffrey S. Posin & Associates
BANKRUPTCY AGREEMENT

CLIENT NAME: RE: Chapter 7 Bankruptcy

  1. FEES: Client employs Jeffrey S. Posin & Associates ("JSP & Assoc.") to perform the following services at the following rates:

    (a) A fixed fee of Seven Hundred Ninety-Five Dollars ($795) including costs if the Bankruptcy can be resolved as a Chapter 7 Bankruptcy and no adversarial proceedings or special circumstances arise during the course of the Bankruptcy. This fee assumes a maximum of 4 hours to meet with the client, whether on-line, in person, via mail or telephone, and to prepare the Chapter 7 Bankruptcy Petition. Additional time spent in amending the Chapter 7 Bankruptcy Petition, responding to an adversarial proceeding, or time spent on resolving unusual or special circumstances shall be billed at the hourly rate indicated below. A Chapter 7 Bankruptcy Petition shall be prepared and submitted to the Court as well as an attorney appearing with client at a 341 Creditors Meeting is included in this fee.

    (b) If the Chapter 7 Bankruptcy cannot be completed due to any of the above-mentioned reasons, or if the U.S. Bankruptcy Trustee forces your petition to be converted to a Chapter 13 Bankruptcy, client agrees to make any additional payments required by JSP & Assoc. for the performance of such services. The time spent for these additional services shall be billed at the following rates for the current calendar year which are:

    Partners: $165.00/hr | Associate Attorneys $150.00/hr | Paralegal: $50-95 /hr

    The terms of this agreement shall govern all work to be performed for Client. Our fees are charged in minimum 1/10th hour increments and these rates are subject to change upon notice.
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  2. COSTS: All costs associated with the services to be performed by JSP & Assoc. are included in the flat fee rate as long as the matter is resolved by Chapter 7 Bankruptcy Petition without a filing of an adversary proceeding or any other special circumstances arising during the course of the Chapter 7 Bankruptcy. If an adversarial proceeding is filed, special circumstances arise, or it becomes necessary to convert this matter to a Chapter 13 Bankruptcy, client understands that costs are expenses which are not included in the above-mentioned fees such as filing fees, long distance telephone charges, fax and mail charges, copy charges, etc. Client agrees to pay all such costs promptly as they become due.
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  3. RETAINER: Client understands that if an adversarial proceeding is filed, or special circumstances arise, and it becomes necessary to treat this matter on an hourly basis, client will pay a retainer to JSP & Assoc. in order for JSP & Assoc. to remain as his/her attorney in this matter. This retainer represents advance fees, costs and expenses, and it may be used by JSP & Assoc. as such charges are incurred. Client understands that the retainer is not necessarily the entire fee charged by JSP & Assoc. JSP & Assoc. may request an additional retainer at any time, and Client shall deposit such additional sum with JSP & Assoc. within fifteen (15) days after the request is made.
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  4. CONVERSION TO CHAPTER 13: Client understands and agrees that if it becomes necessary to convert the Chapter 7 Bankruptcy to a Chapter 13 Bankruptcy, client will be required to make additional payments for the costs of the Chapter 13 Bankruptcy either in advance or through the Chapter 13 Bankruptcy Payment Plan as required in the sole discretion of JSP & Assoc.
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  5. AWARD OF FEES: Although an opposing party may at times agree to pay a portion of a Client's attorneys fees or a Court may award attorneys fees, any such agreement or award of fees may be less than the actual attorneys fees and costs that are due JSP & Assoc. If the court awards less than the amount due, Client must make up the difference. Any agreement or an award of attorneys fees does not affect Client's obligation to pay all fees and costs under the terms of this agreement and Client shall be responsible for making all payments to JSP & Assoc. until such time as any attorney fees may be collected against the other party of this action.
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  6. ADDITIONAL TERMS OF THIS AGREEMENT: Client has reviewed JSP & Assoc. "Memorandum to Clients Regarding Billings Procedures", which consists of three pages attached hereto as Exhibit A and incorporated herein by this reference. Client agrees to abide by the terms and conditions set forth therein. In the event that Client fails to pay the obligations to JSP & Assoc. on the date due, Client agrees to pay interest at the rate of one and one-half percent (1 ½%) per month on the past-due fees and costs. In addition, in the event of non-payments, JSP & Assoc. reserve the right to stop working on the matters and withdraw from any or all matters for which JSP & Assoc. are providing services to Client. CLIENT HEREBY AGREES AND RECOGNIZES THAT JEFFREY S. POSIN & ASSOCIATES HAS NOT BEEN RETAINED IN THIS MATTER UNTIL SUCH TIME THAT JEFFREY S. POSIN & ASSOCIATES RECEIVES AND ACCEPTS PAYMENT IN FULL FOR MATTERS DONE ON-LINE. FURTHER, CLIENT UNDERSTANDS THAT ALL MATTERS THAT REQUIRE COMPLETION IN A TIME SENSITIVE MANNER MUST BE CONTRACTED WITH JEFFREY S. POSIN & ASSOCIATES IN PERSON OR THROUGH THE EXPRESS AGREEMENT OF JEFFREY S. POSIN & ASSOCIATES AFTER DISCUSSING SUCH TIME RELATED ISSUES FULLY.
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  7. RESULTS: Client understands that JSP & Assoc. have not and cannot guarantee results.
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  8. TERMINATION: Either party may terminate this agreement by giving written notice to the other. In the event fees or costs are owing to JSP & Assoc. upon termination, Client agrees that JSP & Assoc. will have a lien on any and all claims or causes of action on which JSP & Assoc. were working; on all funds or property which has been or is later recovered; and on all files and work papers produced by JSP & Assoc.
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DATED: this day of , 2000.

JEFFREY S. POSIN & ASSOCIATES
By: __________________________________________

Client understands that by typing their name below, they are signing a written fee agreement with Jeffrey S. Posin & Associates. Such agreement has the same effect as if client had signed the fee agreement by hand.

DATE: CLIENT'S SIGNATURE:
ADDRESS:
CITY: STATE: ZIP:
TELEPHONE NO: SOCIAL SECURITY NO.
EMAIL:

 
 


Jeffrey S. Posin & Associates
8935 South Pecos Road, Suite 21A
Henderson, Nevada 89074
tel: (702) 396-8888 fax: (702) 837-1650
e-mail: askus@lawfromhome.com