Bad.......

[doomed]

Hey guys,

I had my 341 today and wow . . . was it BAD. I am sure we made the trustees day.

I had been trying to get in touch with my lawyer the last few days to just go over what kind of questions they'd ask. He didn't return my call. I showed up at his office today before the 341 to drop off our bank statements and talk to him but he was a total WALL. Had nothing to say.. So I said I was going to go over and watch some 341's. So I did, and he was basically asking everyone the same questions. There were a few questions I wasn't sure how to answer and wanted to ask my attorney. Fortunately for me and my husband, our attorney was 10 minutes late and the trustee called us up and verified all of our information while we waited. Didn't get to talk to my attorney, YAY!

So here's the kicker - when my attorney filed for us, he had to use for domicile purposes the state we reside in now -- because he said the system wouldn't let him change it. He told us he was going to file an amendment to get it changed. At the meeting, he told the trustee he couldn't change it. The trustee told him it was user error. And then the trustee proceeded to inform us we can't use the state we lived in before here (which allowed federal exemptions) and had to use the state BEFORE that, which has the WORST EXEMPTIONS IN THE WORLD. When he realized that, that trustee was smiling and joking around. So we went from being able to protect my husbands car which has about 8k of equity in it and 5k in savings and all of our personal property to awarding the trustee about 20k in cash and prizes . . . So much for a NO ASSET SIMPLE CH 7 . . and we both get to lose our cars on top of it!! YAY!

Our attorney PROMISED that there would be NO surprises at the 341 hearing. THIS IS A BIG BIG BIG BIG BIG SURPRISE! He had another case right after ours so we couldn't even talk to him. My husband went by his office later and he said he "thought" we could use federal exemptions based on some weird law that says if your prior state of residence doesn't allow non-current residents to use their exemptions, you can use federal. He never actually verified that our old state was one of those states. He said, though, if that state (Maine) didn't allow for it, it would be the first state he'd heard of that didn't allow it!! WTF!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

I just wanna freaking cry. Not to mention we might be converted to a Chapter 13 on top of all of this . . thanks ass hole lawyer.

[SunkShip]

I am so sorry your hearing went poorly Doomed! Is the lawyer going to fix the problem? I would be so mad! Did he give your husband any idea of how this can be fixed?

I am in Maine too and having very similar lawyer problems. Our 341 is next week and I am freaking out!!! I hope your situation is an easier fix than converting to 13. Maybe he can re-do the paperwork to make this right???

[backtoschool]

This is gross negligence on your attorney's part. It would have taken him one minute to look up the list of state's that do not allow federal exemptions, and the list of states that do not allow people not living in the state to use their exemptions. You should file a complaint against your attorney.

I was in a similar situation to yours when I filed. I moved from New York, which doesn't allow federal exemptions, and doesn't allow you to use their exemptions if you do not live in New York, to a state that does allow federal exemptions. Because New York did not allow me to use their exemptions if I no longer lived there, I was able to use federal exemptions in my new state of residence.

I also became an asset case due to two $500 checks that I wrote my mother to help her with her expenses. It's not as bad as you fear. You will be able to buy back your assets from the trustee and pay for them over several months. Your discharge will still happen on time. It takes a long time for you case to close however....

There is no excuse for the incompetence and neglect of your attorney.

[ccsjoe]

doomed, I can't believe what just happened to you.

I would be at the attorney's asap demanding to know how he is going to fix this.

I'm so sorry your situation turned this way. Hopefully someone here can shed some real light into this.

[backtoschool]

So, I am trying to understand what state you are using for exemptions. Is it Maine? It sounds like you did not use Maine because you have been there less than 91 days? What state's exemptions does the trustee want you to use? If you give us some details we can probably chime in and help figure this out.

[doomed]

We are using Maine, if they allow former and now non-residents to use exemptions. Can't find online and my attorney hasn't called us.... Thanks everyone, I can't believe this just happened

[tobee43]

didn't you have to establish residency in main prior to filing??? and why didn't that atty wait....

i know we did....we had a choice of either waiting or using federal....OR the previous state we came from...(that state allowed either federal or state)

this state you have to establish for at least 180 the residency before we could file....i can't believe he didn't have you hold off....

i would keep calling until something was done...because i agree with joe and backtoschool and all the others .....as per backtoshcool

There is no excuse for the incompetence and neglect of your attorney.

[doomed]

Let me try to explain, sorry for the vagueties, doing bath and bedtime routine with our son. We live in the midwest now, we've been here for 18 months. We'd have to be here 2 years to file here. We were under the impression we'd file using federal exemptions bc we lived in PA for the 6 months immediately proceeding the 18 months there. Turns out its 6 months proceeding the TWO YEARS prior. Which puts us in Maine. WE thought we were using federal but apparently we're using Maine. Our attorney tried to reassure us that he had never heard of a state that allows non-residents to use their exemptions and we'd have to use federal -- WHAT?????

[tobee43]

well he needs to correct this some way some how.....

i would ask to speak to a senior partner tomorrow...and have them file some type of amended petition....he was suppose to represent you and have your BEST interest when he proceeded.

i know this is hard, but it will get fixed one way or another!







oh...yes...we never call our daughter between 7-8....bath routines as well....you guys are so good...i only bathed mine when they smelled.....in those days.

[2manybills]

That's why you pay for "legal advice", so that they have your back! I would demand that they fix it, ask for the senior partner. What is ridiculous is that most of the software that attorneys are using to prepare the documents do the exemptions automatically. This should be a "no brainer".

[doomed]

Thanks everyone, though what exactly can be done? Not like they'll let us use federal exemptions just because our attorney told us we could . . . Any way it goes, we're going from no asset bankruptcy to losing practically everything . . whereas if we'd of known this about the domicile stuff, we could of held off filing or something . .

[tobee43]

Thanks everyone, though what exactly can be done? Not like they'll let us use federal exemptions just because our attorney told us we could . . . Any way it goes, we're going from no asset bankruptcy to losing practically everything . . whereas if we'd of known this about the domicile stuff, we could of held off filing or something . .

doomed i'm really sick about your situation.

i'm hoping one of the atty's who comes on the forum will see your post and have some advise or direction that may help you better than what's already been said.

however, i still would contact the senior partner...also the bar assoc. of the state. this is really serious...his mistakes cost you everything...he MUST do something to help the situation....

i don't know about a dismissal of some sort....possible.....maybe...?????

[doomed]

Thanks tobee. There's no senior partner, this guy has his own law office where he's the only lawyer. He's supposed to call us today, I'll keep you guys updated. I'm just sick over this, never expected it in a million years

[october99]

I too feel really awful for you and this situation. If there is any way to warn others about your attorney I think that would be the right thing to do. I cannot imagine the stress you are under now. I am so sorry. I hope you get some good advice and get things figured out in such a way that you do not lose anything.

[tobee43]

Thanks tobee. There's no senior partner, this guy has his own law office where he's the only lawyer. He's supposed to call us today, I'll keep you guys updated. I'm just sick over this, never expected it in a million years

you will be in my thoughts...i'm thinking maybe you should call another atty and see what someone else may say. i mean it worth a shot to ask for a dismissal and go for it again.....

i think that might be a small possibility?? it sure couldn't hurt!