Local Rule RULE 2016-3: REQUIRED SERVICES TO BE RENDERED BY DEBTOR'S ATTORNEY

RULE 2016-3 REQUIRED SERVICES TO BE RENDERED BY DEBTOR'S ATTORNEY

(a) Debtor Representation. Unless otherwise ordered by the Court, an attorney representing a debtor shall be the attorney of record and represent the debtor until the case is administratively closed.

(b) Required Attorney Duties in a Chapter 7, Chapter 12 and Chapter 13 Case.

(1) Retainer Agreement. Absent special circumstances approved by the Court, an attorney representing the debtor in a chapter 7, chapter 12 or chapter 13 case shall have a written retainer agreement that sets forth the fee arrangement and comprehensive services to be performed for the debtor in which the attorney agrees to:

(A) Analyze the client's financial situation, and advise and assist the client in determining whether to file a petition under the Bankruptcy Code;

(B) Prepare and file the petition, all required lists, schedules and statements, as well as any amendments that may be necessary or appropriate;

(C) File the certificate required from the individual debtor from an approved nonprofit budget and credit counseling agency for pre-petition credit counseling;

(D) File the debtor's payment advices together with the "Payment Advice Form" (Payment Advice Form);

(E) Appear and represent the debtor at any scheduled meeting of creditors under § 341, unless otherwise ordered by the Court;

(F) Amend any list, schedule, statement, and/or other document required to be filed with the petition as may be necessary or appropriate;

(G) Advise the debtor with respect to any reaffirmation agreement; negotiate, prepare and oversee the filing of reaffirmation agreements if in the best interest of the debtor; and attend all hearings scheduled on any reaffirmation agreement signed by the debtor;

(H) Prepare and file any motion as may be necessary or appropriate including but not limited to a motion to avoid a lien on exempt property, to obtain credit, to sell or abandon property, and to assume or reject a lease;

(I) Remove involuntary wage garnishments and/or voluntary wage assignments, as appropriate;

(J) Compile and forward to the trustee and the United States trustee any documents and information requested;

(K) Consult with the debtor and if there is a valid defense or explanation, respond to a motion for relief from the automatic stay;

(L) File a certificate from an approved provider evidencing completion of a course in financial management when required under Fed. R. Bankr. P. 1007(b)(7) unless an approved provider has filed the certificate on the debtor's behalf; and

(M) Disclose any agreement and fee arrangement regarding the potential retention of co-counsel.

(2) Chapter 7 Case. In addition to the services identified in subparagraph (b)(1) above, and as may be needed or warranted by the facts of the case, the attorney retained in a chapter 7 case shall prepare and file a motion under § 722 to redeem exempt or abandoned personal property.

(3) Chapter 12 and Chapter 13 Cases. In addition to the duties identified in subparagraph (b)(1) above, and as may be needed or warranted by the facts of the case, the attorney retained in a chapter 12 or chapter 13 case shall:

(A) Attend the original and any adjourned confirmation hearing and address all objections to confirmation;

(B) Negotiate the value of secured claims or, as necessary, represent the debtor at valuation hearings in connection with the confirmation hearing;

(C) Prepare and file the necessary pleadings to partially or wholly avoid mortgage liens against the debtor's real property;

(D) Within the Local Form Plan in a chapter 13 case or by separate motion seek to avoid a judicial lien or nonpossessory, nonpurchase-money security interest as appropriate;

(E) Prepare necessary pre-confirmation amendments and post-confirmation modifications to the plan;

(F) Timely review all filed proofs of claim, and object to and file proofs of claim as appropriate;

(G) Oversee the filing of all operating reports in a chapter 12 case and any required in a chapter 13 case;

(H) Represent the debtor in connection with motions for dismissal or conversion;

(I) File the appropriate certification required under Rule 4004-1(b) to permit the inference that the debtor is entitled to a discharge; and

(J) Attend any discharge hearing scheduled and address all objections to discharge.

(4) Adversary Proceeding. Debtor's attorney is the attorney of record in any adversary proceeding filed in the case, unless and until: (A) there is filed written consent to change attorney signed by debtor(s), the attorney to be relieved, and the substituted attorney; or (B) debtor's attorney is substituted by order of the court upon motion; or (C) debtor's attorney is permitted to withdraw by order of the court upon motion.

Comment With reference to subparagraph (b)(3)(F) and the timely review of claims, practitioners are referred to LBR 3007-1(c) for the time by which claim objections are to be filed in chapter 13 cases.