Notice Of Responsibilities Of Chapter 13 Debtors And Their Attorneys {1007-3-1(13)}

LOCAL FORM 1007-3-1(13) REVISED 12/15 UNITED STATES BANKRUPTCY COURT DISTRICT OF MINNESOTA In re: Debtor(s). NOTICE OF RESPONSIBILITIES OF CHAPTER 13 DEBTORS AND THEIR ATTORNEYS This Notice lists certain responsibilities of debtors and their attorneys. Nothing in this document changes, limits, or in any way alters the debtor's or the debtor's attorney's obligations under the Bankruptcy Code, the local and national rules, or any rule of professional responsibility. UNLESS THE COURT ORDERS OTHERWISE: I. Before the case is filed, the attorney for the chapter 13 debtor shall, at a minimum: A. Meet with the debtor to review and analyze the debtor's real and personal property, debts, income, and expenses and advise the debtor on whether to file a bankruptcy petition; Explain the various bankruptcy and non-bankruptcy options, the consequences of filing under chapters 7, 11 or 13 and answer the debtor's questions; Explain to the debtor how the attorney's and trustee's fees are paid; Explain what payments will be made directly by the debtor and what payments will be made through the debtor's chapter 13 plan, with particular attention to mortgage and vehicle loan payments, as well as any other claims with accrued interest; Explain to the debtor how, when, and where to make the chapter 13 plan payments; Explain to the debtor that the first plan payment must be made to the trustee within 30 days of filing the case; Advise the debtor of the requirement to provide to the trustee the most recently-filed tax return(s) at least seven days prior to the scheduled meeting of creditors. In addition, advise the debtor of the requirement to attend the meeting of creditors and identify the documents the debtor must bring to the meeting; Advise the debtor that providing false information in the bankruptcy schedules or false testimony at the meeting of creditors or other hearing or trial may expose the debtor to criminal prosecution and denial of discharge; Case No. B. C. D. E. F. G. H. Page 1 of 5 American LegalNet, Inc. www.FormsWorkFlow.com LOCAL FORM 1007-3-1(13) REVISED 12/1/15 I. J. Advise the debtor of the necessity of maintaining liability, collision, and comprehensive insurance on vehicles securing loans or leases; Timely prepare and file the debtor's petition, plan, schedules, statements, certificates, and other documents required to commence a case, and review them for accuracy contemporaneously with the filing. II. After the case is filed, the attorney for the chapter 13 debtor shall, at a minimum: A. B. C. D. E. F. G. H. I. J. K. L. M. Ensure that the debtor is adequately represented by an attorney at the meeting of creditors and make every effort to obtain confirmation of the plan; Prepare, file, and serve any necessary amendments to the petition, schedules, and statements; Respond to any objection to plan confirmation and, where necessary, prepare, file, and serve a modified plan, and appear, as required, at any hearing; Prepare, file, and serve post-confirmation documents necessary to modify the plan;* Promptly respond to the debtor's questions throughout the case; Prepare, file, and serve necessary motions to buy, sell, or refinance real or personal property;* Prepare and file a proof of claim for a creditor when appropriate to protect the debtor's interest; Object to improper or invalid claims when appropriate to protect the debtor's interest;* Advise the debtor in motions for relief from the automatic stay, file objections when appropriate, and appear, when required, at any hearing;* Consider and advise the debtor concerning lien avoidance and, if appropriate, prepare, file, and serve necessary motions to avoid liens on real or personal property; Prepare, file, and serve responses to motions for dismissal of the case;* Advise the debtor of the requirement to complete an instructional course in personal financial management and the consequences of not doing so; Prepare, file, and serve the Chapter 13 Debtor's Certifications Regarding Domestic Support Obligations and Section 522(q) and the Certificate of Debtor Education immediately after completion of plan payments; Represent the debtor in connection with any audit request;* and N. Page 2 of 5 American LegalNet, Inc. www.FormsWorkFlow.com LOCAL FORM 1007-3-1(13) REVISED 12/1/15 O. Represent the debtor in bringing and defending any and all other matters or proceedings in the bankruptcy case as necessary for the proper administration of the case. III. The attorney shall comply with Local Rule 9010-3 and represent the debtor in bringing and defending all matters in the bankruptcy case until a substitution of attorney is filed or an order is entered allowing the attorney to withdraw. Unless otherwise agreed, the attorney has no responsibility to represent the debtor in adversary proceedings. However, if an adversary proceeding is filed against the debtor, the attorney will explain to the debtor the estimated cost of providing representation in the adversary proceeding, the risks and consequences of an adverse judgment, and the risks and consequences of proceeding without counsel, as well as the sources, if any, of possible pro bono representation. IV. Before the case is filed, the chapter 13 debtor shall: A. Fully disclose, review and analyze with the attorney the debtor's real and personal property, all debts, income, expenses and all other financial information needed to properly complete the schedules and statements; Prior to and throughout the case respond promptly to all communications from the attorney: Prior to and throughout the case, timely provide the attorney with full and accurate financial and other information and documentation the attorney requests, INCLUDING BUT NOT LIMITED TO: 1. 2. A Certificate of Credit Counseling and any debt repayment plan; Proof of income received from all sources in the six-month period preceding filing, including pay stubs, social security statements, workers' compensation payments, income from rental property, pensions, disability payments, child and spousal support, and income from self-employment. The most recently filed federal and state income tax returns, or transcripts of returns, as well as any other returns requested by the attorney, the trustee, the court, or a party in interest; A government-issued photo identification and proof of social security number, such as a social security card or W-2; A record of interest, if any, in an educational individual retirement account or a qualified