In re: 

UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI-DADE DIVISION 

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Case Number: 19-25589-RAM 

Chapter 13 

PEGGY HERRERA BEOVIDES 

Debtor. 

APPLICATION FOR COMPENSATION FOR PROFESSIONAL SERVICES OR 

REIMBURSEMENT OF EXPENSES BY ATTORNEY FOR CHAPTER 13 DEBTORS 

Timothy S. Kingcade of Kingcade & Garcia, P.A., was retained by the Debtor to serve in this 

Chapter 13 bankruptcy case as attorney for the Debtor. A copy of the retainer agreement is attached 

as Exhibit "A" pursuant to Local Rule 2016-l(B)(2) and the Chapter 13 Fee Guidelines. Timothy S. 

Kingcade requests the court to approve compensation and reimbursement of expenses as follows: 

1. The retainer agreement signed by the Debtor agrees to a fee of $7 ,000.00 for the 

Chapter 13 bankruptcy filing and the total paid pre-petition is $2,2500.00. Counsel has agreed to 

accept $4,500.00 via the Chapter 13 plan. 

2. The Safe Harbor Fee in this case would be $4,650.00, broken down as follows: Base 

fees of $4,500.00 and costs of $150.00~ 

3. Total Fees Requested: $ 7,000.00 

Total Expenses to be Reimbursed: $ 150.00 

Amount Received to Date: $ 2,650.00 

Amount to be Paid Through Plan: $ 5,500.00 

4. The amount requested, if allowed, will be paid in full after 34 monthly payments 

under the Chapter 13 plan. 

5. A detailed itemization of the services renders to date and corresponding time entries 

is attached as Exhibit "B". 

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Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 1 of 16
6. Timothy S. Kingcade of Kingcade & Garcia, P.A. estimates at least an additional 10 

hours will be required to be expended in providing legal services on behalf of the Debtor to complete 

and monitor the Chapter 13 bankruptcy over the 60-month plan period. 

7. The following is a short statement of any unusual, troublesome or unique aspects of 

this case that resulted in or will result in more than the usual amount of time being expended: the 

Debtor requested frequent in-office and phone consultations with longer than average office visits. 

8. The source of the compensation previously paid to Timothy S. Kingcade of Kingcade 

& Garcia, P.A. was the Debtor. 

9. Timothy S. Kingcade of Kingcade & Garcia, P.A. has not shared or agreed to share 

any compensation received in connection with the bankruptcy case with any person or entity other 

than a member or regular associate of the firm. 

WHEREFORE, Timothy S. Kingcade of Kingcade & Garcia, P.A. respectfully requests that 

this court enter an order awarding the attorney's fees requested in this application and for any other 

relief deemed just and proper in the circumstances. 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent, via 

Regular U.S. Mail, this 30~ay of January, 2020 to all parties listed below. 

Nancy K. Neidich, Esq. 

P.O. Box 279806 

Miramar, FL 33027 

ViaCMIECF 

Assistant US Trustee 

51 SW 1st Avenue, #1204 

Miami, Florida 33130 

Via CM/ECF 

Peggy Herrera Beovides 

15950 SW 66 Terrace 

Miami, FL 33193 

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Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 2 of 16
CERTIFICATE 

PURSUANT TO 

LOCAL RULE 9011-4(B) 

I HEREBY CERTIFY that I 

am admitted to the Bar of the 

United States District Court for 

the Southern District of Florida 

and I am in compliance with the 

additional qualifications to 

practice in this Court set forth in 

Local Rule 2090-l(A). 

KINGCADE & GARCIA, P.A 

Counsel for the Debtor 

Kingcade Building 

1370 Coral Way 

Miami, Florida 33145-2960 

www.MIAMIBANKRUPTCY.COM 

Telephone: 305-285-9100 

Isl Timothy S. Kingcade 

x Timothy S. Kingcade, Esq., FBN 082309 

o Wendy Garcia, Esq., FBN 0865478 

o Jessica L. McMaken, Esq., FBN 580163 

Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 3 of 16
Peggy Herrera Beovides 

19-25589-RAM 

Date Time 

10/02/19 60 mins 

10/04/19 60 mins. 

10/07/19 30 mins. 

10/08/19 60 mins. 

10/09/19 60mins 

10/14119 60 mins 

10/15119 60 mins. 

10/18/19 30 mins. 

10/30/19 60 mins 

11/14/19 240 

mms 

11114119 60 mins 

11/15/19 90 mins. 

11/18/19 30 mins. 

11/20/19 30 mins. 

11/22119 10 mins. 

11/25/19 30 mins. 

11/27119 5 mins. 

12/03/19 180 

mms 

12/03/19 5 mins 

12/17119 15 mins 

12/18/19 30 mins. 

12/19/19 45 mins 

12/19119 15 mins. 

12/20/19 30 mins 

12/27119 30 mins. 

12/30/19 5 mins. 

01/13/20 5 mins 

Employee 

Initials 

TSK 

TP 

TP 

TSK 

TSK 

TSK 

TP 

TP 

MCS 

MCS 

TSK 

JLM 

JLM 

TP 

TP 

DB 

TP 

JLM 

JLM 

DB 

TP 

JLM 

KGP 

KGP 

JLM 

JLM 

JLM 

Notes 

Consultation with client. 

Prepare list of pending documents for the client and review 

of documents provided by the client. 

Receipt and review of documents from the client. 

Review of proposed means test and payment plan with the 

client. 

Consultation with client. 

Consultation with client. 

Review of file and documents provided by the client. Also, 

discussion with client re: pending documents. 

Discussion with client re: pending documents. 

Review on initial documents, download credit report and 

prepare file for signing appointment. 

Signing appointment - preparation of schedules. 

Consultation with client. 

Review of schedules and documents, draft plan and contact 

client. 

Telephone conference with client re: plan. 

Prepare case for filing, file case and send correspondence to 

the client. 

Draft correspondence to client re: plan payment. 

Review of Trustee deficiency and send correspondence to 

client. 

Draft correspondence to client re: Meeting of Creditors. 

Review of documents provided by the client, scan and 

upload documents to the Trustee and discussion with client 

re: pending documents. 

Receipt and review of claims. 

Follow up with client re: pending documents. 

Review of documents provided by the client. 

Review of deficiency for 341 - created list of pending 

documents; prepared and filed amended plan. 

Review of file for 341 and telephone conference with client. 

Attended 341 meeting with client. 

Receipt and review of Objection to Exemptions by the 

Trustee and preparation and filing of amended schedules. 

Receipt and review of confirmation hearing 

recommendation. -· 

Receipt and review of claims. 

Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 4 of 16
01/14/20 15 mins. KGP 

01/15/20 5 mins JLM 

Paralegal @ 200.00/hr. 

time 

Associate· @300.00/hr. 

attorney 

time 

JLM @400.00/hr. 

TSK @500.00/hr. 

Total 

Attendance at Confirmation hearing. 

Receipt and review of claims. 

10 hrs. $2,000.00 

1 hr. and $525.00 

45 mins. 

5 hrs. $2,000.00 

4 hrs. $2,500.00 

$7,025.00 

Exhibit "B" 

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Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 5 of 16
 ____________ _ ( (-·, 

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~AINERAGREEMENT TO PROVIDE BANKRUPTCY RELATED SERVICFS 

. . . . CHAPTER 13 RETAINElt I 

This Agreement is between KINGCADE & GARCIA, P.A. ("K&G") and you, the Client (whether a single or joint case · 

referred to as the "Client''). The~ of ICINGADE & GARCia, PA is Kingcade Buildmg, 1370 Coral Way, Miami, FL 33145-

:::;:)==~~ ~~~ ~~&&Ides PHYSICALRF$ID~A!>DRESS/Dire~~kn:,,.. ~=t)~~ ~~ .. CITY,STA*&ZIPCODE!Ciudad,CodigoPoital~ /tf!A'W.. b • · . ~3 /'l3 .. MAil..JNG ADDRESS, if different/ 

DISPOSABLE INCOME AND COMMITMENT PERIOD.DETERMINA.TION: , 

This ~tis required to detenrune the F.STIMATED Chapter 13 plan payments, solely ba8ed on your income·and. 

allowed expenses. This calculation does not factor in asset values. · · · 

Mmunum E:ipeded Basic Fees: Client agrees to pay K&G the Minimum Expected Bask Fees qpoted herein: and 

understan4s ~t the fee is an estimate based on $e representations and information provided :by (::lient to K&G at the 

consultation and/or the Client Information Sheet and ma)r' be adjusted upwar~ by severiU factors including: (i) 

required services beyond the Basic ~ces defined lierein; (ii) undisclosed ~. ineome, transfers and preferences; 

(iii) failure to pay all the fees and costs within the prescribed tim:e; and (iv) Tue time period r~wred for completion of · 

the case is over and above ten (10) hows. See paragraplis 2 and 4 below for Add' . . ' . . . Payinent Term. These fees must be paid and are valid for a of 4 months· fr m the date of this 

Agreement, but in no event more than 120 days ( 4 months) from the date of · co ·· · n; thereafter, Client 

shall pay an additional minimum charge of $300 for any additional two month peno th~ Calculations requir.ed 

under the new law are time sensitive and the passage of time stale8 the information. Any addltioilal fees paid shall be 

applied towards the total amount due-K&G. All fees 'paid to K&G constitute an eained fee ~d are non-refundable. 

A~mey's Fees Before Filing Bankruptcy .Petition/Honorarios .Aittes 4Je Presentar el CasO CJJ Corte: . . Espgjjol: Cltenu ooncuerda sn pagar a K&G Io1 Honorario1 Mfnimo th Abogados indi.l'.lldo j s""6ruh qru l01 honortll'IDt u UNJ 

satinull:Wn basada •n las rep1'6S81114':1Dna J la infonnatMn proporcionatla. por •l Cli8,.U a K&G m la consulla ylo la Hoja tI. lnfarmaclDn tk · 

<;&nu y pued. ssr qjJUta4o Jracia arriba por Mrioll f adol'fl incl:uy8ntlo: (i). lo& urvieio1 T"l""*"" mds ail6 d8 lot Snvu:w1 ]Jqfko; (ii ) OQl1lo 

th r~•lilr propiediuk1 o v•nl4/as, · inp'uo.r, tnuuf'r•ndas o pr•f•rmcias;.(itl) fraalso 48 J1agtlT tOdo8 wu /wnofVU'!.ol y cotof m sl twnpq 

presc.rito,· J (ill)El~ ns ara elcaso pasa d8 diez (10) lwras. Vsa slpirrafo Z y4 abqjo paraHonorariol.AJiciona/8s. 

Ei Tlnnino 46 ~ sto8 honorario11• d8 Pllf"" y ton ~ por un periodo 4e 4 mun ds lafeclul d8 sstt AcUmlo, JlflTO sn nlag6n 

acon"1dmi8nto mb u l dUJI (4 msses) ds la • dt1 la conmlta inid41; •1puis, sl Clianu pagar6 wra cargo mtnlmo aJldoNJl u $3(J(Jpor 

cualquier pllriodo ·atfi,dO lo1 c4kti1Ds TtltpUridol 6ajo la kJ nlUll'a 10n unsibks 111 tinrpo. Los honorarlos pagfZll01 

· senfn ap~ a sl 1ialance dibido a K&G. Todos los honorarlo11 pagado1 a K&G conRiluysn lwnorarios gQlllll;/(Ja y no 11>n rumbohable. 

The balance ofattOme 'sfees u to $4 00.9(». Elbalanu lllloluut11$4,SOO.OO. · 

CosWGastos under the new law include but are not limited to: $575.00/single and $625.00/joint, as follows: 

$31 O court filing fee, $7 5 single/$125 joint Credit Report; Accurillt Report $10 per person, cremt CoUn.seling $30 

and the balance is office & administrative cost inclu .· : sta , co · arkin , etc. 

Total Fees & Costs Due Before Signing Appointment I Total. Antes de Firmar la Peticion: 

$. ___ _ 

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n/a 

$>o7 

Additional Fees (above safe harbor amount) to Be Paid Via the Chapter 13 Plan after Court Approval 

of a Fee Application/ Cantidad que sera pagada cttravet del plan de reorganiQJ.Cion despues de la 

robaci6n del corte de un solicitlid de honorarios. · · · · 

1. . SCOPE OFllEPRESENTATION. BANKRUPI'CY ANALYSIS, AND BASIC SER.VI~ 1F OVER MEDiAN FAMILY INCOME. 

K&G will provide ba.nkr'uptcy related. legal services to Client that may or may not include the filing of a Chapter 13 bankruptcy 

case. Contingent upon being paid the attorney's fees quoted above (the Miniinum· Expected or "Basic Fee"), K&G agrees to 

provide Client with basic legal.services and advice in contemplation- of the filing ofa Chapter 13 ca.Se. The services include an 

estiipated 19 hours of combined attorney and paralegal time, that include and are expressly limited to the followin~ le~ 

services: 

(a) Current Monthly Income Determination: Conducting a reasonable inquiry of Client's Current Monthly Income 

Client's S~atttte P~-~:=:.-jban!cru--N-v-.co-m _______ _ 

Pag11 I of 9 of Retainer Agr11e"'8nt-1011os.2 · 

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Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 6 of 16
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·(which is defined by 11 USC §101(~0A)) tcrdetermin~ if presumption of abuse would arise~der §707(b) of the Bankruptcy 

Co~e,. Cu.r:ren..tMonth1y Income ("CMl") is defined as the average monthly mcome from ALL so\Jl'Ces that the Client has 

receives (or in ajoii:it case the Client and the sp0u8e receiv~) in'the six (6) Dion.th period ending on the last day of the calendar 

month prior to the commencement of the case .. In a Chapter 13 case even if the Client is filing by his/herself information 

regarding the spouses income must be provided to the Gourt. This determination is based on Client's IIlOnthly average income 

not substantially chariging from the initial disclosures made to K&G upon which the Basic Fees were quoted. 

(b) Above· Median Family Income: If Client's Current Monthly Income is above the Median Family Income for the · 

State of Florida as defined by the US Cen8us Bureau, the attorney's fees quQted include the review and analysis of all 

documentation and inforination ~ested by K&G. to make a diligent ·inquiry of Client's bankruptcy related 'options and risks. 

(c) Basic Services in a Chapter 13 Bankruptcy Case: If Client is above the Median Fami.ly Income, the Minimum 

Expected Basic Fees quoted include the services detailed in (a) and (b) above and the preparation of Client's initial bankruptcy 

petition, schedules, the Statement of Financial Affairs, attendance at the first scheduled Meetiqg of Creditors, production of 

initial Trustee request for documents, preparation arid attendance at all routine pre-confirmation motions filed on behalf of 

Client, attendance at confirmation hearings, motions to deem mortgage cunent upon completion of the Client's case and 

attendance at.a Discharge hearing; if required (hereinafter collectively referred to as the "Basic Service8" for the Basic Fee. The 

Basic Fee. quoted is pre-filing cost in a routine.Chapter 13 case. See paragraph 4 titled Services Not Provided Under The . Mvumum Ex/,ected Basic Fee for all excluded services. . · . · I 

Client understands that only the filing of· the · banki-optcy case ·and ~ot the retention of K&G affoi1ls Client the 

protections of a Chapter 13 bankruptcy. Until Client's bankruptcy case is filed in 'Court. Client will NOT have the 

.protections of the bankruptcy stay and any pending lawsuits, proceedings,'foreclosure actions·or vehicle reoosseajons 

will not be stayed, foreclosure sales will proceed, and wages will continue to be garnished by Client's creditors. Client's 

banki-uptey petition will not be med in Court until (i) all fees and costs have been paid, (ii) all recrnested documents and 

information.have been provided to K&G, (iii) Client has completed the required Credit Counseliwi Course A.Ni> (iv) 

Client has attended a two hour· Siming Appointment at K&G's offices to complete and sign Client's bankruptcy petition 

·and sclledules. · · · · · 

2. BASIC ATIORNEYS' FEEs FOR BAslc SERVICES. For the Basic Services detailed above in paragraph l(a) .through 

( c ), Client agrees to pay K&G the MinUriwn. Expected Basic Fee and.·all other attorneys fees indicated in this Agreement prior to 

K&G providing any of the contracted Basic Services. Failure to pay these fees and .costs will allow K&G tO tel:m.inate its 

representation of Client and/or with.draw from the case. If Client elects or is unable to proc.eeli with the filing of a Ch 13 case 

all ;tttomeys.fees and costs paid constitute an earned fee and are non-refundable (other than the court filing fee which shall be 

refunded to Client, if all fees and costs were tiniely paid). See paragraph 4 for addiμonal fees.' Client further agr~ that if 

collection efforts are necessary in order for Law Furn. to obtain payments to which it is. entitled under this agreement, Client 

agrees that Law firm has a right to iri:J.pose an attorneys' charging lien against any property, whether or not property is exempt, 

or judgment that Client recovers or retains in a matter for which Law Finn provided you with legal. representation. 

Minimum Expected Basic Fees Based on Information Disclosed. The Minimum Expected Basic Fee is an 

estimate of the attorneys' fees based solely· on the information provided and representations made by Client to K&G at the 

initial att<:>mey consultation and Client Intake Information Sheet as to Client's assets, liabilities and Cu"ent Monthly Income. If 

it is later detennined from the infonnation and reports provided toK&G, that Client haS more assets and/or debts, has 

businesses or entities (active or inactive), or the presence of fraudulent or preferential transfers· that were previou5ly not 

disclosed to K&G in the Client's Intake Jnforniation Sheet, K&G, in its sole disctetiori, reserve8 the right t.o terminate this. 

Agreement oi: adjust the fee upwardS commensurate with the additional time required of K&G to assess, disclose and/or analyze 

its consequences. 

Signing Appomtment-Failure to Complete. If a new Signing Appointment is required because Client fails to attend 

any scheduled Appointment, wishes to reschedule, is unable to complete the petition, or issues arise th.at preclude the filing of 

the case, Client agree8 to pay an additional fee of no less .than $500 to K&G for a ri.ew Signing Appointment Client understands . 

that Client is afforded a two-hour slot/appointment and th.at failure to appear or complete the case at that time cau~es K&G to 

incur additional costs in the preparation of the case that will be charged to the Client.Further, additional fees may be.assessed to 

Client if the source docuinentation becomes Stale and Client's Current Monthly Income and other source documentation must be _ . 

Client's Signature ~ . Sponse'sSignature ___ · --------

~ ~ww MJAMIBANKRUfJ'CX,com- E-MAIL; l!!k@utjarniban!quprcy:oom · \ 

· Page 2 ot9 of R.~tain8r .Agreement- 1011os-i 

Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 7 of 16
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. updated and analyzed again. Client may _also be' assessed an emergency fee if Client req\rlr~ a SigiiliigAjJpointment date 

before K&G' s then custom.arY waiting period (which could be up to· four weeks) after payment of all fees and costs due under 

this A..~ment. · - - , · .. 

3. ·CBAYrElt 13 BANKRUPTCY PROCESS. Client bas been advised that a Chapter 13 bankruptcy is a method of 

reorganizing aebts for Client's with regular income. In a Chapter 13 the Client will propose a repayment plan to the creditors 

over a penod of three to five years. Client's whose current monthly income is less than the ~pplicable state median, the plan 

. will be for three years unl~s the court for cause, approves a longer period (in no case can be longer than five years). If the 

Client's current monthly income is greater than. the applicable state median, the repayment plaIJ must generally be for five years. 

Chapter 13 allows the Client to. pr~tbis.lher property and creditors are forbidden .from prdceeding With collection efforts of 

any sort without court approval. The Clieti.t will be require<l to make monthly Plan paymen~. with the first Plan payment due 

thirty (30) days after the date of the filing of the bankruptcy petition and every thirty (30) days thereafter for the term of the 

Plan. At Client's Signing Appointment, Client will be provided with two documents entitled Debtor(s) Notice of 

Understanding Chfzpter 13 Bankrupt_cy Process and Rights & Responsibilities' Agreement between Chapter 13 Debtor( s) and 

K&G that Client will be r~ed to sign and shall become part of this Agreemep.t. • '. 

Vesting of Plan Payments. ·All plan payments made to the Trustee during th~ comse of the Chapter 13 case shall 

be vested (i.e. ~~non-refundable) and· shall be disbursed by the Trustee-to the sectired, pri,ority and administrative claimants, 

inclu~g Law Firm,; in accordance with. iast-filed Chapter.plan. Clientμnderstands that one~ payments are vested, Client will 

not receive any payments made back from the Trustee. Payments are routinely vested at thefirstscheduled confirmation 

hearing. · : . 

If a case is dismissed or converted prior to confirmation and of the retainer agreement so pr~vides, the debtor's attorney may 

request and receive fees from monies paid to the chapter 13 trustee, without separate application to the court, but the total fee, 

including any fees previously paid, may not exceed $2,500:00. Refer to ["Chapter 13 Fee Guidelines'1, · 

One hundred percent (100%) Plan: In the event Clients' Plan re<Nires that it provide for payment of 100% of the 

allowed unsecured claims, K&G reserves the right to charge Client additional fees in excess of the base fee as set forth in 

original retainer. The additional fees may be paid to K&G at its sole discretion through the:Plim or directly to K&G, after a fee 

application is filed and approved by the Court. Client shall be charged ori. an hourly basis at the customary rates charged by 

attorneys ($400.00-$5000.00/hour) and paralegals ($200.00/hour). Client agrees that K~d will be required to expend 

additional time (and costs) in filing objections to unsecilred claims in order to minimize Cli~nt's plan payment. Client is 

responsible for a:ll costs associated with any objections filed such as, postage and said costS:must be paid prior to ·completion of 

objecti,on(s). Client understands that the aforementioned services are for the benefit of Client for which K&G shall be 

compensated on an hourly basis in· addition to the base fee for the Chapter 13 case set forth in the retainer agreement. . 

Exemptions: A Chapter 13 debtor who is a citizen or permanent resident ·of florida is entitled to drum the 

following minimum exemptions: . . · · . · . 

• Homestead Exemption, which may be limited under the new law to $125,000 equity. Certain limitations may apply if (i) 

Client has not resid,ed in Florida for the 730-day period, or (ii) acquired the p~perty during the 1215-day period 

immediately preceding th!! filing of the case, or (iii) any portion of Client's equity: resulted from converting asset(s) not 

otherwise exempt duri,ng the 10-year period prior to filing. · 

• Personal Property Exemption up to $1000 value. In a joint case the exemption is.$2000. 

Motor Vehicle Exemption in a single vehicle with a net equity value of up to $1 dOO. 

• BRISA qualified retirement plans; IRA's, 40l(k) plans, pensions, annuity .coritrai;ts .. 

.. Wages Of the Head of Family; Disability, Social Security, disability, illness ahd unemployment benefits; aiim.ony, ~pport or 

separat.e maintenance reasonably netessary for the support of the debtor and any dependents, worker's compensation 

benefits and other categories. · · · 

Florida Prepaid College Tuition accountS and certain other categories. 

Seclired Claims in Chapter 13: Pursuant to 11 USC § 1325, .no strip-down (i.e. reduction of value) would be 

allowed for (1) purchase money security interests in motor vehicleS purchased within 910 days of the bankruptcy filing (two 

days less than 2 ~ years)·or (2) as to all other secured debts (whether or not.involving purchase money security interests) 

incurred within one year of bankruptcy; Therefore, in order to provide Client with the most comprehen'sive reorganization plan 

it is imperative that Client provide K&G with a copy of the purchase contract for Client's vehicle or the statement reflecting · 

date of purchase for other items such as household furniture, television sets, etc., 

Client'sS~~ ~J~s:::::-ib-pnkiu ___ ~-,-om-------- Page 3 of 9 of Retainu Agreement- 101705-2 

Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 8 of 16
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Disposableln~me/Phlh Length: The best efforts test of 11 USC § l-325(b) provides thaHhe Chapter 13 plan, 

(if obligated to or by the Trustee or an unsecured creditor) either pay unsecured claims in full with interest or else provide that 

all of the Client's disposable income will tie contributed· to the plan for its minimum term. Disposable income is ~fine4 in 

§ 1325(b )(2) as "current monthly income, " other than child snpP<>rt income,· not necessary to provide support for the Debtor or a 

dependent of the Debtor. For Chapter 13 Debtors whose income is more than the applicable median, the Debtor's support needs 

are to be determined under the means test for the presumption of abuse under 11 USC §707(b). For debtors whose income is 

equal to or greater than the applicable median, the "best efforts" test of § 1325(b) requires that in the absence of earlier full . · payment of all claims, the Pl!m.J;ll\lS~have a five (5) year term. _,,...._ ·..:~:".'. · .·.-· · 

Discharge - Superdischarge: 11 USC § 1328(a) has been expanded to except from a Cba.Pter 13 discharge the 

· following debts. The following debts are deemed non-dischargeable and Client has been advised that if he/she has 

any of the debts listed below they will continue to accrue interest and penalties; 

• unfiled, late-filed, and fraudulent tax returns; 

• fraud, including credit card misuse . 

• . claims on which the holder of the debt was not provided sufficient notice to assert a claim 

. •. · embezzlement, b~h of fiduciary duty .. . 

• personal inj:ury or wrongful death claims, §1328(a)(4) excepts debts arising from ''willful or malicious" injury, 

creating a more limited discharge in Chapter 13~ The exception applies on!y as to restitution or damages 

awarded in a civil action against the Debtor. Therefore, if no judgment on a personal iajury or wrongful death 

action has been entered prior to the bankruptcy filing, the exception may only be available if relief from stay 

were granted to the creditor to permit such a judgment to be obtained. · · 

The following debts can still be discharged pursilant to the superdischarge effect of § 1325 

• Debts for willful and malicious injury to property pursuant to 11 USC §523(a)(6) 

• Debts incurred to pay nondiscbargeable tax obligations· I I USC §523(a)(14) 

• Debts arising from property settlements in divorce or separation proc~gs 11 USC §523 (a)(15) 

· Support Obligation8 -Pavnie~ts .Required for Confirmation and Discharge: Piirsuant to 11 USC § 1325(a) a 

plan will not be confirmed unless the debtor is current in payments of any post-petition domestic support 

obligations and a discharge order pursuant to 11 USC § 1328(a) shall not be granted until a debtor who owes such 

obligation certifies that he/she is current. Failure to make post-petition suppqrt payments is grounds for dismissal 

or conversion: If support obligations become due before the b8l)kruptcy filing;- support obligations owing directly 

to a family member would continue to require payment of support obligations directly owed or assigned to a 

governmental unit if the plan provides for all of the debtor's projected disposable income to be applied to payments 

· under the plan for a five-year period. 

Eligibility. Any individual, even if self-employed, or operating an unincorporated business, is 

eligible for Chapter 13 relief. The Client understailds that in order to be eligible for Chapter 13 relief ~elshe · 

must have unsecured debts that are less than $383,175.00 and secured debts that are less than $1,149,525.00. If 

the Client's debts exceed those amountS listed above he/she does not qualify for Chapter 13 relief. The Client 

asserts that as of the date of filing and K&G has. done a good faith examination that the Client is not over the· . 

allowed debt limits. In the event that the Client's case is based Qn a dispute of the total amount due which may 

take over the limits, the Client acknowledges and understands that there is NO.GUARANTEE that the outcome 

will be favorable in reducing the debts within the acceptable limits for a Chapter 13. Client und~rstands that 

should he/she be over the debt limit requirements alternative avenues such as conversion or dismissal of the 

chapter 13 case will have to be addressed. At such time all fees paid in the Chapterl3 shallbe deemed earned 

and non-refundable and new retainers will have to be entered into for purposes of conversion or other 

representation. · 

Client's Signature ~. ·. Spou.e·,g~-----~----- WF.BSITB: www,MlAMIBANKRUFTCY com - E-MAIL: ll!k@m.inmibankrup!CV.eom 

Page 4 of 9 of R.814iner .Agreement -101705-2 

Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 9 of 16
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. . .4. ADDITIONAL SERVICES NOT PROVIDED UNDER THE MINIMUM EXPECTED·BASIC FEE & ADDmONALFEEs. 

Some cas_es ~ additionaJ. legal services ~t~e not routine or that can not be anticipated with a degree of certainty by 

K&G.This-Agreement and the Minimwn Expected iJ~iC·Fee·for1.b.e Basic Services does NOT include: representation in any 

·other legal matter, accounting or tax services, conversions to or filing of a Chapter 7 bankruptcy, representation or monitoring 

of any foreclosi.ire prciceedings, adversary proceeding, US Trustee audit, defense of any motion to dismiss or §7CJ7 investigation 

upon conversion, or other contested matter(s) or any other services outside the Basic Services deseribed in this Agreement. This 

Agreement specifically excludes any services which Client may request regarding the purchase, refinancing or sale of Client's 

real property and K&G shall be under no obligation to speak or respond to any inquiry froII) any mortgage or real ~ broke 

or closing agent. Client_a~ tq,p~ K&G the minimum estimated additional foes and costs,. .. pri~-tc-performa.Dce of the 

service requir~, for the ro1I'8Wfu.g services as a condition of K&G continued representation in Client's bankruptcy cases (These 

fees are based on standard, non-emergency services, emergency service fee is at the sole discretion of K&G): 

Post Confirmation Modification of Plan ($525.00) 

Motion for Hardship Discharge ($500.00 plus $25.00 eosts) 

Motion to sell or refinance real property ($500.00 plus $45.00 costs) 

Motion to Purchase Real/Personalproperty ($250.00 plus $'.?5.00 costs) 

Motion to ,AvoidJ .. ien ($450.oci plus $40.00 costs - Per Lien) 

Motion to Rehear, Vacate Dismissal ($500,00 plus $25.00 costs) 

Motion to Incur Additional Debt ($250.00 plus $25:00 costs) 

·· . Motion to Shorten Prejudice Period Minimum of $500.00 + $2.5.00 Costs 

Motion for Recordable Order ($600.00 plus $25.00 Costs) 

Defense of Post-Confumation Motion for-Relief ($490.00 - $625.00) 

Adversary Proceeding by Debtor, uncontested ($2,500 plus costs) 

Change of Address ($225.00) 

Motion to Impose/Extend Automatic Stay ($380.00-$545.00). 

Attendance at Reset 341 Meeting of Creditors (Base Fee Subject to 

Iricrease and Conversion of Case to "Fee Application'' Case 

Conversion to Chapter 7 (Separate Fee· Agreement Req.) 

Defense of Adversary by Creditor (Separate Fee Agreement Req.) 

Deposition Attendance., 1 Debtor, 3 hr limit in~ County (.$750.00) 

· Missed Signing Appointment- new appointment- ($750.00) 

Motion to Reopen Case - Depends on circumstances - court costs 

$1,000.00 including cow:t costs) Archive fee - subject to change without 

notice. . 

. Emergency Service Fee (depending on service and exigent circumstances, 

at sole discretion ofK&G and subject to Court Approval) 

F'tle Retrieval from Storage ($175.00) 

Objection tO ClaimS ($270.00-$380.00) 

Mortgage Modification (MMM) - (Separate Fee Agreement Req.) 

These fees are based on standard, non-emergency services; which fees may change from time to time. K&G 

reserves the right, in its sole discretion, to charge additional fees for emergency service. K&G and Client Will enter into a new 

retainer agreement for any other services not Specifically contemplated or provided for herein. The fee$ stated herein are · 

estimates and, in certain instances only provide a range of customary fees charged for particular and routine services. K&G · 

reserves the right to alt.er, change or increase any fee if the services required in Client's particular case will reqriire additional 

tiine or resources beyond those contemplated by the fee list set forth above due to its compleXity which shall be based on the 

customary hourly rates charged by the attorneys and paralegals of K&G at the following rates per hour: Timothy s. Kingcade 

($500); JessicaL McMaken ($400); Associate attorneys ($300); senior paralegals ($200); other paralegals ($150). Client 

understands that Client is retaining the services of K&G and not the particular services of any single attorney. Client consents to 

K&G assigning tasks and/or responsibilities regarding Client's case to its associates and/or paralegals, .iri its sole discretion. 

Emergency Sertice. K&G reserves the right, in its sole diS<:tetion, ari.d Client agrees to pay additional fees for any 

services that is required. to be performed ori. an emergency basis. Client acknowledges that the fiUng of any t;notion on: an 

emergency basis (sooner than the custoinary time to obtam a hearing- generally three (3) to four (4) weeks) requires that K&G 

expend additional res0urces to expeditiously review, draft, file, serve and notify all affected creditors via telephone and/or 

facsimile or e-mail and procure and attend an emergency hearing for which K&G shall be compensated at a premium rat.e. 

Client acknowledges that the filing of an emergency motion does not guarantee th~t the court will set the matter on an expedited 

basis. The Court may decide on its own that the matter is not of an emergency nature and set the !Ilatter in the nonnal course of 

busines"s. Client's are encouraged to bring any work required or desired to K&.G and pay in full the fee with.at least forty-five 

(45) to sixty (60) days of time prior to deadline t;Jf requiredldesll;ed work. 

NOTE: No Representation in Pending Litigation, Foreclos0re Action or Other Legal Proceeding. K&G has not 

~n retained to represent Client i:fi any other legal proceeding or foreclosure action; K&G will not make an appearance on 

Client's behalf, nor monitor the progress or status of any case, nor communicate with opposing counsel or any other party prior 

to the dat.e of the filing of the bankruptcy case, at which point the comrnunicatiop. shall be limited to ·notification of the 

bankruptcy filing. Therefore, until a client's bankniptcy case is filed in court, a client must attend and/or defend any civil 

litigation, deposition, court appearance or other hearing; the filing of a bankruptcy case does not affect or stay any criminal 

proceedings. It is Client's sole and absolute responsibility to ensure that a copy of the Ftnal Judgment of Foreclosure (or other 

Client's Signature -0--~~-· ~-·-: _~ ...... ,...--.,,__ ____ _ Spouse's Signature------------

WEBSITE: www.MIAMJBANJ(RUPTCY.com - E-MAIL: llik®miorojbaplauptcy.CQm 

Page 5 of 9 of Retainer Agre8111ent .,-101705-2 

Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 10 of 16
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. instrunieJ;1.t indicating the- d'!t~ of tr.~ proposed foreclosure sale) is hand-delivered to K&Gwith no less than five (5) calendar 

·days after Client receives notice thereof. Client's failure to timely notify K&G of the foreclosure sale or tO: comply with all 

requirements under this Agreement shall relieve K&G of its obligation to file the Client's bankruptcy petition before the actual 

date of. the foreclosure sale. · . · 

5. 'I'ERMs OF PAYMENT WITHIN 60 DAYS. This Agreement (and all fees and costs quoted herein) shall only be valid 

for sixty ( 6Q) days from the date of this Agreement (but in no event more than 120 days from the initial consultation). 

Thereafter, K&G reser\tes the right to charge Client additional fees to contjnue its representation of Client or cancel this 

Agreement; the additional minimum charge shall be $300 for any additional two month period that exceeds the initial 60 days 

_ ~~r!1ed Client Clist..,lJDSvI~(t.D.ds that th~ infonn.ation needed to assess Client's Cuueru.J<fu."'<,.,~;i;; Income & Means Testing is 

time sensitive and the passage of time requires renewed analysis. All fees and costs paid (other than court filing fee) shall be 

deemed earned and non-refundable after K&G' s retention. 

6. Attorney's Fees. Client agrees to pay K&G attomeys'.fee of no less than $4,500.00 (or a greater amount if 

indicated above), of which the balance not paid prior to the filing of the petition shall be paid via the Chapter 13 Plan. The fees 

may be front-end loaded in the plan at the discretion of K&G and if permissible given the repayment plan proposed. If Client 

. ·does not confh-m the Chapter 13 Plan, Client agree8 that atlY funds paid to the Chapter 13 Trustee shall be paid to K&G as an 

·; adrilirμ.~trative expense of the Client's :bankruptcy up to the total fee contemplated.by this agre.t?m~nt as indicated. in the lastfiled Chapter l3 ]?Ian: Client understands tb,at failu:re to pay the fees·and ttistirequired by this Agreement will allow K&G to 

·withdraw from Client's Chapter 13 Case. If Client decides not to file bankruptcy after K&G begins work on Client's file, all 

fees and costs paid by Client to K&G constitute an earned fee are non~refundable. ·. 

7. COSTS AND EXPENSF.S. In addition to attorneys fees contemplated under this Agreement, Client is responsible 

and must pay all costs and expenses incurred in Client's case including, but not limited to the following costs, which shall be 

pre-paid by Client: filing and amendment fees, credit counseling and financial management courses, interpreter and translating 

services, reopening and archive fees for a closed case, accountant, appraisers, investigators, title searches, co'tirt reporters, 

deposition costs, messenger services, parking, photocopying charges, long distance, postage any and all other related expenses 

that exceed the· initial cost:S collected. 

8. Change of Address /Telephone; Client shall acivise K&G in writing of any change to Client's 8.ddress or 

telephone numbers.· · · 

9. PRODUCTION OF DOCUMENTS -NO FAXES ALLOWED. Client will be under a continuing duty to provide. 

K&G and the Chapter 13 Trustee with all requested information and documentation necessary for the preparation, confirmation 

and discharge of Client's case. Client must deliver to K&G at leasHen (10) days before Client's signing appointment legible 

copies of each document listed on the Document.List attached to this Agi:eement. Client will nqt be allowed to sign the . 

bankruptcy petition until the requested documents are delivered to K&G and the pre~filing fee .and costs have been paid in full. 

Client understands that this infonnation is essential for K&G's effective representation of Client and the success of Client's 

· bankruptcy. Client may not send fac8imiles of requested documents to K&G; but rather must arrange for the delivery of legible 

copies to K&G. K&G is under no obligation to respond to fax inquiries and no fax transmittal shall constitute receipt of notice 

thereof. K&G works with its Clients by office appointment only. 

10. FULL DISCLOsURE AND AUTHORIZATION FOR CREDIT REPoRT. Client understands that at the signing of 

Client's bankruptcy petition, .. Client will be asked to· fully and accurately disclose and value ALL of dient' s as~ts. debts (i.e. 

creditors), jncome and expense. It is Client's responsibility to provide Law Firm a complete list of Client's creditors~ including 

the last three statements received froin each creditor, obtam the credit report provided by K&G: Client authorizes any credit . 

reporting agency to provide K&G all information requested, including account numbers, balances and credit hlstory. Client is 

advised that obtaining a credit report does not in sure that all of Client's creditors are disclosed therein and K&G makes no 

representation nor warranties that all of the Client's creditors are discloscit therein. Client remains solely responsible for 

certifying that all creditors listed in the bankruptcy petition are complete and accurate. 

11. AVOIDANCE OF JUDGMENT LIENS ON CLIENT'S HOMESTEAD. If Client .has been sued and.a Final Judgment 

has attached as a lien to Client's homestead, a Motion to A void Lien( s) must be filed with the Court and an order obtained 

avoiding the judgment lien(s). The filing of the bankruptcy alone does not accomplish this. This service is outside the scope of 

Client's Signature_ya_,_·-. -~--. Spouse's Signature _________ _ ·-·--.-· ·------

WEBSITE: .)l!ww.MIAMJBANKRU1'1CY,com - &:MAIL: u;k@minmlbtlnlauptcv.com 

Page 6 &f 9 of Retainer Agreement -101105.2 

Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 11 of 16
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· tbjsj\gr~m~nt:ffn<i ~':'1 \Tei: .. ?. :::eparate fee. Client must provide K&a with a- title searc:h or cbpies of the liens, at Clients 

expense, before the case is closed; otherwise, Client will be charged additional fees & costs to reopen the case. . · 

U. ·No GUA.RANTEES. K&G will provide conscientious, competent and diligent services and at all times will seek to 

achieve solutions that.are just and reasonable for Qient However, Client understands that K&G does Naf guarantee results 

becau8e legal proceedings are uncertam, and there are various ihterpretations, recent changes iI1 the law and unknown factors 

that may alter the outcome of your case. Client acknowledges that there is NO GUARANTEE to the successful outcome of 

Client's bankruptcy case,. th~ defense of any motion i:o dismiss or adversary and that there are, in fact; significant risks if a 

Trustee or Creditor prevails in any action .. Specifically, and not by limitation, a Chapter 13 bankruptcy case involves the 

judicial confirmation of a Client's case where the Court and Trustee will balance t:J;i£.£!Y: ;::t! .:;-need· for a fresh start with the 

· · -i'ights of'crediiOCtt~~t on their debts. Additionally, if Client seeks to pursue (i) the "strip off' (i.e. eiimirutlion) of a 

second or third mortgage on Client's homestead and /or (ii) "strip down" (i.e., reduction) of Client's vehicle(s)/personal 

property(s) lien(s), Client has been advised that in either event, there is NO,GUARANTEE to the success of a."strip off' or 

"strip down" as both situations are wholly dependent on the Court's determination of the valuation of the collateral as of the 

filing date of the petition and the age of the lien, i.e: when the lien/loan was originally incurred. Similarly, in the even that . 

· Client's Chapter 13 Plan is a 100% plan to unsecured creditors,' K&G does not guarantee the amount of the Plan payment 

during the course of theGase.as this may change depending on the Court's finding a8 to the' Claims filed by Client's creditors . . . · . ·.·.. . . . ... . .. · ... 

;r.,.,, .. ;::,., ,: · . 13. LIMITED POWER OF ATioRNEY. Client grants K&G a limited power of attorney' to obtain your tax information 

~- -·. 

from anyone with whom you have consulted regarding tax refums or preparation or the Internal Revenue Service (IRS), . 

including but not limited to, copies of your tax returns and/or transcripts. Similarly, K&G is auth,orized to conduct an asset 

search on Client such as Accurint, or any other investigli.ti ve device.· ·· - . 

14. ELECTRONIC CASE FILING SYSTEM. Client authorizes K&G to.file Client's bankruptcy case via the Bankruptcy 

Court's Electronic Case Filing System (''ECF') and all other subsequent court filings through ECF. Client further authorizes 

K&G, if indicated below, to provide Cli~t notice of any hearings.or other matters via electronic mail as requested below. 

CLIENT'S DUTIES AND OBLIGATIONS 

This Agreement incorporates by reference the Statement Man.dated by Section 527(b) of th£ Bankruptcy Code ·and the 

Notice to Clients Who Contemplate Filing Bankruptcy, and those disclosures are acknowledged by Client and made a part of 

this Agreement By referenced and without limitation, Client shall: 

DISCLOSURES AND INFORMATION at all times: . 

·• Disclose ALL Assets at the replacement value, Current Monthly lricome and monthly income and expenses.· 

• Disclose ALL Debts and provide K&G with the two most recent creQitor statements or communications. 

• Disclose· ALL transfers and preferences of property (real, personal, cash. etc); such transfers are not permitted. 

• · Produce ALL Documents and Information requested of Client on the attached Document and Information List. 

• Change of Address/I'elepfwne/E-mqil. · Client shall advise K&G in writing of any change· to Client'~ address, telephone 

or e-mail address at all tinies. This Agreement is subject to Client permanently residing in Miami-Dade County. If 

Client moves from this County, Clie1~.t shall forfeit all fees paid to K&(} and this Agreement shall be deemed cancelled. 

• . Foreclosure Sale or Garnishment Notification. Client must notify K&G in writing of any foreclosure sale date or 

garnishment. . 

• · Communicate with K&G by e-maii, in writing or office appointment to discuss Client's case status or progress. 

· • Production of Documents and· Information-NO FAXES Al.LOWED. Client will be under a continuing duty to provide 

K&G with all requested information and documentation inclqding all inforμiation detailed bn the attached List of 

Documents and Client Questionnaire and lnfonnaiion Intake . ctmN'f MAY NOT SEND F NCES OF THB ~Q~TED 

DOCUMENTS TO K&G; but rather, Client must arrange for the delivery of legible copies to K&G. E-mail to 

tsk@miamibankruptcy.com is an aeceptable form o'f communication but the e-mail, including attachments, may not 

exceed two megabytes. · 

PRIOR TO.FILING OF CASE: 

• Pay all the required fees and costs. 

• . Credit Report. Authorize K&G t~ order a Credit Liability Repo.rt of the major credit bureaus (for each debfor) that is no 

older tha,n 60 days from.the date of the Signing Appointment Any missing addresses or dates incurred for each debt 

. shall be proVided by Client as a pre-requisite. to the Signing Appointment and filing of the petition. 

• Timely provide K&G with full and accurate financial and othet information requested as set forth in the attached "List 

Client'sSignatute ~ Spouse's Sign•""•------~----- ··=·:...· ... WEBSITE: www.MlAMIBANKRUPTCX,com - E-MAIL: !Jk@miomjbanbyptcy,com 

·. •·· .. .. · · , Page 7 of 9 of Retainer Agreement- J0170S-2 

'··' .... . \ :~.: • •.. ;. r.: ,, 

Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 12 of 16
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... ·.·of :P..r-,qtt~~"2<'.! ~ ~~uments and Information" document aud incorpofate(f foltftllls a~ment by reference, including. 

properly documented proof of income. Proof of income includes, but is not limited to, signed copies of the Client's last 

four ( 4) filed taX returns and the pay stubs or payment advices for the six ( 6) ~onths ·prior to the contemplated filing 

date of the bankruptcy petition. 

• Inform K&G, in writing, of any changes in address or telephone number. . 

• Provide K&G a copy of all purchase contracts relating 'to cars or statements reflecting date of purchase of household 

goods such as furniture, television sets, etc. 

• Attend a Signing Appointment at K&G' s offices (minimum two hours). 

• Complete apj;>roved Credit Counseling Course and provide K&G with. completion Certificate. . 

• . ~ie~~e9 affidavit that t;he Client(s) has filed all federal, sat&0w;..i.~;;,d ·tax ·returns required by law to be filed· _ 

under 11 use §1308 for all taxable.periods ending during the four (4) year period. ~nding on the date of filing of the 

petition and provide K&G with copies of said returns. 

• Provide a notarized affidavit that the Client(s) is/are not required by a judicial and/or administrative order, or by statute 

• to pay any domestic support obligation as defmed in 11 U.S.C. § 101(14A). 

AFl'Elt OF FILING OF CASE:. . . . .· - . . . • t ... 

11 

__ 

• Cooperate· with arty investigation ur requests by the Court, Trustee, or creditor;' or after the case 'iS closed, to any Audit 

performed by the US Trustee to verify the .accuracy of ¢.e information contained in Client's petition. Failure to 

· cooperate will result in the revocation of your discharge. · - i 

• Timely provide K&G with all information and documents requested by the Chapter 13 Trustee. 

• Inform K&G and the Chapter 13 Trustee, in writing, of any changes in address or telephone number. 

• -Attend Court Appearances including the 341 Meeting of Creditors, Confirmation Hearings and Discharge Hearing in a 

punctual fashion. Client will receive a document titled Notice of Commencement by, mail within 2 weeks of the filing 

date of the petition indicating the date, place and time of the meeting. This is the only notice Client will receive. Failure 

to appear will result in the automatic dismissal of Client's case. Client will be chargCd additional fees for reinstating the 

case. If Client does not speak ~nglish, a Spanish interpreter is required at a cost of $30.00 in cash at the time of the 

meeting. Client must appear at the 341 Meeting of .Creditors with. original proof of identification, state issued driver's 

license or govemment"issued Identification card, U.S. issued passport, military identjfication and resident alien card. If 

Client is not a U.S. Citizen, Clientmust bring his/her original resident alien or authorization card to the 341 Meeting of 

Creditors. Acceptable forms of proof of social secmity number are an original sodal security card; a medical insurance 

card containing your social security number, a pay stub ·oontaining your social securjty number; 8ri original W-2 form, 

an original IRS Form 1099 and an original Social Security Administration Report. 

• · Make the first required plan payment to the Chapter 13 Trustee no later than 30 days after the filing of the petition or 

conversion of Chapter 13 and timely make all subsequent payments. · 

• Inform K&G of any garnishments, liens or levies on assets that occur or continue after the filing of the case. 

• .ID.form K&G immediately if Client loses his/her employment, is "laid off' or furloughed from work; or experiences any 

other significant change in financial situation, including serioU.s illness, personal inju.ry, lottery winnings, inheritance or 

any other material increase or decrease in income or asSets. . 

• Notify K&G immediately if Client is sued or wishes to file a lawsuit, including divorce and matters regarding personal 

or property injury. 

• Notify K&G if the Client finds it necessary to incur additional debt. 

• Advise K&G, via office consultation, before purchasing,-selling or refinancing·any real property or before entering into · 

any: loan agreements to determine required procedures for court approval. . 

• · Pursuant to 11 USC §521(f)(4) the Client must file a financial statement annually, un~er penalty of perjury, showing 

income and expenditures of the Client during the tax year, The annual stateme~t m~st disclo$e the amount and sources 

of the income, the identify of any person responsible with the debtor for the supporfof any dependent of the debtor, and 

the identity of any person who contributed, and the amount contributed, to the household in which the Client resides. 

• · Client must prepare and file tax. returns throughout the duration of his/her case. Client must provide K&G a notarized 

affidavit that the Client(s) has filed the return for the corresponding year arid provide K&G with a copy of the return. 

K&G shall fotward a copy of the return each year to the Chapter 13 Trustee. A copy of the return and notarized 

affid<lvit are due at :K&G's office by no later than May 1, of the corresponding year; ·Taxes plUst be completed and 

filed by the. e$tablished IRS deadline of April 15, ex.tensions are not aecepted by the Chapter 1J Trustee .. If Client has 

exigent circumstances that do not allow all federal, state and local tax returns required by law to be filoo in a timely 

fashion, Client must make an appointment to see K&G so that the applicable motion can be brought to the Court's 

Client's Signature-

~~ 

..... ~~--· __._>= n~ .... -.___--_· ·...,.·-· -LL_ a. _____ _ Spouse's Signature _____ _ 

W6&SfrE: www.MlM1!BAHKRUffCY.com - E-MAIL: llik@mjnmlbankruplcy.com 

Page. 8 of 9 of Retainer Agreement -101705-2 

Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 13 of 16
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,. -. . . ''"~atL"ROOSr<r:'.ailure to do .SO will result in. the withdrawing of K&G'~m'llle Cuent' s ~ilSe for failure to cooperate. » 

• Upon completion of all required plan payments, Client must provide K&G with a n<;>tarized a:ffi,davit that the Client(s) 

is/are not required by a judicial and/or administrative order, or by statute to pay any domestic support obligation as 

defined in 11 U.S.C. §101(14A). . . · . 

• Complete approved Financial Management Instructional Course as a condition to obtaining a discharge. If Client's case 

is closed by the Court Without a discharge being enterci:l, Client will be charged additional fees to re-open the case to 

seek the entry of a discharge, if pennitted. . 

• A void Any Lien· Impairing Client's Homestead. Client must retain K&G to avoid same. 

• Storage Fees of Closed or Discharged Casi Upon the diSmiSsal or discharge or"Client' s Chapter 13 case, Client's file 

. ~l~nt tq ~ off-~tprage site and maintained for a period of~~{tfidy as to 'original documents); after which. 

time Client consents to the destruction of the file and all of its contents. If Client request for any infonnation contained 

therein, Client will be re"sponsible to pre-pay a retrieval fee of no less than $175 before K&G will request the flle from 

storage. Client will be responsible for all costs to copy the file, which costs shall b~ pre-paid. 

PROHIBITIONS: Client acknowledges that at the initi3.l consultation with K&G, Clicmt was advised that the Bankruptcy Code 

strictly prohibits the following: r . 

• No Use of Credit Cards: The use of credit cards, incurring new debt ot financing\while insolvent and/or after the 

aonsultation ofa bankruptcy attorney is strictly prohibited ·and may 'bepresumed fiaudulent ·and iCa.d to the denial of a 

debtor's case or criminal sanctions. . . . . . . 

· • .· No Saie, TranSrer; or GiftS of Property (re~ or persoiial), Cash or Payments'.Outsi:cJ.e the Ordinary Course. . Client should not make any paymerits (double or triple payments) of debts out.side the':ordixlary· caurse (.including credit 

. cards); nor sell, "gift 0r transfer" any pr6perty or cash to anyone including a friend, family member or other "insider". 

The Trustee may scrutinize any transfer, sale or gift made by a debtor within four.years of the filing of the case. In any · 

event, Client should not make ANY transfers after the c.onsultation of K&G: 

• Continuation of Payments to Secilred Creditors. Client must contim,1e to ti.mel}" make the regular monthly payments 

directly to any secured credito1ori any property that Client intends to maintain (i.e;, home mo~ages, auto loans). 

• Mortgage Brokers, other Real F.state Professionals or Third Party. Client is bdvised that K&G is not authorized 

nor will it communicate with any third party regarding Client's Chapter 13 case, Whether or not directed to by Client, 

as K&G does not represent Client in any other matter under the scope of this Agreement. 

' 

IMPORTANT NOTICE.REGARDING METHOD OF COMMUNICATION 

K&G works with its clients by office appointment ONLY. Client acknowledges that K&G cannot respond to telephone inquires · 

or faxes about the statiis, progress, or legal options in Client's case. Client will make an office appointment whenever Client has 

questions and wishes to meet with an attorney. K&G is under no obligation to respond to fax inquires. Client further 

ackilowledges that K&G will communicate and notify Client of all hearings or requests by US Mail or e-mail and that Client 

must be mindful of reading all correspondence. K&G will not call client to remind them of any J:iearings or request if a Written 

communication has been sent to Client Client may contact us at www.MlAMIBANKRUPTCY.com. 

RECEll'T AND ACKNOWLEDGMENT OF MANDATORY NOTICFS A.NP DISCLOSURES. 

The New ·Bankruptcy Code requires that K&G provide mandatozy notices' and disclosute8 to ou, the Client. Client 

acknowledges th,at Client has received, read and understands the two documents titled St"a.tement M ed by Section 527(b) of 

the Bankruptcy Code and Notice to Clients Who Contemplate Filing Ban.kruptcy, both of which are in orated and made a ·part 

of this Agreement. 

ATTACHED LIST OF REQUESTED DOCUMENTS AND INFORMATION IS MANDATORY f - . . .~ - . . .. ~- ' . 

Client's Signature_~.,_-_:--~-~-~-·---·~---- / Spouse's Signature--'------------

.' , ...... ····"' 

WEBSITE: www MlAMIBANKRUITCY.com • &MAU,; gik@miamibaalqupicy.com 

Page 9 of 9 of Retainer Agreement-101705-2 

Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 14 of 16
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. !1§.T OF 00. MENTS TO BE PROVIDED TO LAW\ .. tM /LISTA DE DOCUMENfOs-··~··· t . .. . . . .: Qi~(i:i~t~:ve;:t..> Law~ at 1~7,b~~~l~Jt~entJS:gtven~a:sfgmng AJ>pomtmell!leg · · · 1 

'.': ~, .. -oopie9.ef.each docunient listed below, if apprlcable, and even if not specifically circled or requested by Law Finn. ! 

Client's production of the last 3 years of tax retu.rm and recent pay~stubs are mandatory. · ! 

Espanol: El Cliente deberd entregar a la Firma 7 dias antes de la cita parajirmar la Peticidn de Bancarrota ~ legible.s de to/Ws k 

documen.to.r rktallados a cimtinuaci6, si aplkabk al Cliente-aurUzue no hgyan lido marca4os por la Finna. Ia entrega de imp,r.ustos declarados 

· (ta.ices) de los ultimos 3 a/Ios y /os ultimos 3 recibo.s de ~Uk (pay-stubs) son requisito indispensable. 

OFFiCE USE V'. fl 'f-U'CJYJE 

. Date DelWerd I :Y Tax Returns: 1040 Tax ~turns {per8onal) and 11208 (business) .f/r 2016, 2017 and 2018: • 

7Formo..1()4.() de declaraci6n de imDuutos (taxes) de /os aiios 2016, 2017 y 2018 • -

. 2016 W2 Mtb.alfAttachments 2016 W2 withallAttachinent:s 

2017 .W2 with 8n Attachments 2017 W2 with all Attachments 

2018 W2 with all Attachments 2018· W2 with all Atbtcbmeut.s 

2 Employment Six (6) Months~ pay-stubs from Client's employer(s) Prior to Appointment Date 

(.1maband and wife, If inarried) . • . ; 

RECENT Seis (6) ultimc.r ~tie recibos tk sueldo (pay-stubs) desde el dii de su cita (Si el Cliente es casado .re necesita los 

seis(6) mesu de reabos de sueldo d~ el conyuge).Montbs meses.· -· · · · ·· thru Present i. :. 

· adelante · · ' ' 

i...--- l\J:>ebt.or I Spouse ' 

( 3 ldentification. (ALL MUST BE PROVIDED) 

~---- W 'Driver's License or Florida ID; Uce11Sia de conducir 

Social Security Card; tarjeta de Segura Social 

Residency Card if not U.S. Citizen; Residencia si n.O es cl~ Americarw 

Voter; s Recistration· or American Passoort or Birth Certi:fkate :..ii~- .,. -

l v4 iJnsecured Debts. CL1ENT MUST _INDICATE ''DATES INCURRED" ON BILl.S 

i-- . Cumtas de-tarjetas de credito, servicios medicos, y de cualqUiera o'tra lieuda inclu:yendo ~ las agencias de cobra; El 

Cliente debe indicar Los dia.r de incurrimiento de I.as deudas en todas IDs 'Cuen.tus. 

RECENT-~~ 

Credit card statements, includiD.2 collection agencies 

Medical bills 

Reoossessionsi Lawsuits 

.Student Loans-FOR INFORMATIONAL PURPOSES ONLY <NON-DISCHARGEABLE) 

Bank Statements/Financial Accounts~ :Sank statements for last six (6) months from Signing 

Appofutment Da~ (iersonal and business); Estados ~ros de tbdos las cuentas bancarias de los I 

ultimos sei.r (6) rMSu.. Jsd/su.Pita (11ersonal y de M.irocio.r). , ~ · . 

Months "f I I I I '-I thru .. 

Closed a~unl'> ~thin 'one year of the filing of th~; bankruptcy, including 401K, IRA. 

Checki.M, Savings, Credit Unions, etc. indicating the date and closiru!: balance; 

------ )~ \ · PavPal Account Transaction HistorY for the last six (6) monttis. orior to sfanirui: ft~~intumt date. 

/ 6 J Vehicles/Boats!l'railers: Carro/Botes: . · · 

'... / • If financed/ finandado: · VBCIIlClE 1 VEHICLE 2 . VEHICIE 3 . 

Pavment couoon CUDone <k .oaKo!Lease 

Current oavoff JsaJao y balance 

Re2istrationlre~istracion 

Proof of Vehicle Insurance 

• If vehicle free and clear/no financiado: VBCHICIB 1 VEHICLE 3 ·- ·-- -.. ,&.nnn1.,al, if Vehicle valued greater than $2.000 

Title to Vehicle I TitUlo de carro 

Rerutration I ReKistracion 

Proof of Insurance I Prueba de Se2U1'0 

Clitm'sSignablre o~ Spouse'sS;g,wure __________ _ 

PRINT NAME μ . . ' 

WBBSrrE: www.MIAMtBANKR.UPI'CY-com -B-MAIL: ISUMIAMI8ANKR.OPTCX·COM 

Pllf• l o/J. o/Doctatunl IJlttq IUt.aliwr ~ 01/D4fJIJ13 . 

S:'{orm.NJanlauptc#lew I.aw\Retatner ~ LisUfqc 

Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 15 of 16
! 

{' r 

·:··· .< n . ... . .. __ .. ,, ,... ,~,,,": J · 7· JileaJ P"ronP.riv/Mot1

taaaes/Celneiet\tPfulsfl1me Shares/Rental Aneements 

.-.. ~-,;-__ ..__ !_ l / W~tY Deed or I.ease Ai!I'eement,·if renting; titulo tk pl:opiedad o cdntrcito de. renta 

... - : · .· · -... - · · Mortga2e8 oa vinent counon; crmof&e! de Dai'o d8 hitJoteca.s 

Pavoff amount for all out$tandin.2 mort2alre8 I SaltJo de su hwoieca 

Homeowner' s Association oavment coui>on; asocim:iones vecinale.r de propWJad · 

·Tax Bills for Real Property; lJa~os de lo,r imouestos de proptedt.ui 

1---t-:C~e..:.;m;;::e;;_-:~tary~....;;-Pl;.;::oc:...~~s~)dO;:..;;c;.;::u;;::m:;;::en;;::J.ta;;;:;ti::.:.o;;:;n;...;w.:..:ith~. o;;:;a;L.y1o~ff:;_a;;::m=o:-.;un=t;;i..;.c..:p.lo::::.:te::::.:.r:..:de:.::..:;.cemente=:;::.;.n.:::·o ______ -c-~ ... ,,. _,, 1_ 

-Time Share(s, documentation with:n!!-~/dfamoun.t 1 

Vacant Lots: Warranty and Tax Bill I 

-'• h. 

t .. :• 

.... .. . . ·- . . .. ··· . ·-· 

Non-Homestead property (ALL)/ Propriedades de inversion-all of the·documents listed above · 

· W arrantv Deed or Lease Agreement, if rentin11:; titulo de propiedad o contrato de renta 

Mortg;a~es U4 v w.vut couoori; cupone.r de. 1xuo d8 hiDotecas 

. l'ayoff amount for all out:Standiru! mortgage.sfsaldo·tie m h.i:poteca 

Homeowner' s Associ41,tioil payment couuon; ~cim:iones vecina!es de propiedad 

Tax Bills for Real J>ropertv; _pago$ ~ los im:Duesto.r de propiedad . _ 

8 Retirement Accounts/Life Insurance. 

---A+-. - Retirement -Plans (e.i. 40l(k), 403<b), IRA); vlanes de retiro (e;: rilan de 401(1::), 403<b), IRA) 

/ \ - Life insuran~ policies and/or any annuities; Polizas de seguro de vida 

l..// ~ \ I ~ , )Lawsuits I Judi.?ments~ Copias de de'mandas que involucran ;lOiente J ~ ~ A \ { ~ ms Corre.qnnndence: correspondencia de el Servi.do de Rentas lntemas (IRS) 

J1~ 11 Divorce APTP.ernerits/Marri~e Dissolution w/in last '5 yts; Acuerdos de dillorcio Ultimos cinco (5) tifios 

\ '// 

' ' 12 1'l"amfers I Properties Sold I Gifts of Property or Cash. Documents evidencing tran8fer/sale of 

rem property within 4 years and/or gifts. of > $500 w/in 1 year of filing: Documentos que presentan 

· evidencia del cierre d8 Wia propiedad I transferencia o regaio de dinero o propiedad dentro de I aiio de presen.tar la 

Bancarrota. 

Closin~ Statement HUD-1 

Bill of Sale or Purchase Contract; Boleto de Venta o Contrato de Compra 

J>roof of use of funds derived from sale or closiruz;· comprobacion de uso de fond.Gs de yenta 

E \· 

·· / 13 l\usiness(es) or Coroorations: Active or Inactive in Jast 6 vrsJN~oncios o Connttleiones ulitmo 6 antJ.r 

· ./ Profit and Loss Statement for last 6 months <BrokenDownMONTH.;BY MONTH\ 

Bank Statements for last 6 months for AIL busi;ness aceounts. ~ JI I - I -, DetailedLlstoflnventory,if~yWITHVALUE . rLJ J /iQ 7/~1/ rd 

List of Business Assets/Liabilities wrrn v ALUE 7 / I I , I I . I . , ' 

Business Tax Returns for the Ltst 3 Years. - Comvlete Copies. / I I 1 

14 Driver's license Reimtatement: Accident Report I Compliance Printout from DMV I Lawsuit 

information including the na.mes and addresses of all drivers, passengers & lawvers. 

/JnSoivencia previa -la Petici6n v la DesCarga. 

lfi Other: Safe Deposit Box 

Spouse's Si~e 

~ 

' 

Case 19-25589-RAM Doc 29 Filed 01/30/20 Page 16 of 16