Bad.......

[backtoschool]

The key will be to find out if Maine allows non-residents to use their bankruptcy exemptions. I checked the web thoroughly but could not find this information.

If Maine does not allow non-residents to use their bankruptcy exemptions, then you will be allowed based on federal bankruptcy law to use the federal exemptions.

If Maine does allow non-residents to use their bankruptcy exemptions, then you will use the Maine exemptions.

The partner of your law firm should be able to answer this question for you. I would mention the negligence of your attorney to the partner and make sure you get the answers you need.

[backtoschool]

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

Threaten this guy with reporting him to the bar association. He really messed up. That should at least scare him into doing his homework this time.

[doni49]

Ask him if he's current on his malpractice insurance payments.

[doomed]

The key will be to find out if Maine allows non-residents to use their bankruptcy exemptions. I checked the web thoroughly but could not find this information.

If Maine does not allow non-residents to use their bankruptcy exemptions, then you will be allowed based on federal bankruptcy law to use the federal exemptions.

If Maine does allow non-residents to use their bankruptcy exemptions, then you will use the Maine exemptions.

The partner of your law firm should be able to answer this question for you. I would mention the negligence of your attorney to the partner and make sure you get the answers you need.

backtoschool, thank you for taking the time to research this. I did the same and came up with nothing, which makes me think this doesn't apply to Maine.

The attorney still has not called us. My husband called 1/2 hour ago and left him a message to call us ASAP. He's probably checking on his malpractice insurance . .

[backtoschool]

backtoschool, thank you for taking the time to research this. I did the same and came up with nothing, which makes me think this doesn't apply to Maine.

The attorney still has not called us. My husband called 1/2 hour ago and left him a message to call us ASAP. He's probably checking on his malpractice insurance . .

Seriously, you could easily sue him for the amount of extra assets you have to give over to the trustee. The problem is, that the lawsuit proceedings would just become property of the bankruptcy estate anyway.

You will be able to amend your petition once you figure out the right exemptions, and you will probably be able to make payment arrangements with the trustee to buy back at a discount, any of the items that you want to keep.

[doomed]

Seriously, you could easily sue him for the amount of extra assets you have to give over to the trustee. The problem is, that the lawsuit proceedings would just become property of the bankruptcy estate anyway.

You will be able to amend your petition once you figure out the right exemptions, and you will probably be able to make payment arrangements with the trustee to buy back at a discount, any of the items that you want to keep.

Wow, really? I guess that would defeat the purpose of a lawsuit.

[ccsjoe]

doomed & B2S, it appears that Maine does NOT impose residency restrictions to use their exemptions. See link:

http://exemptionsexpress.com/Alabama_to_Missouri.html

Also, see:

http://exemptionsexpress.com/How.html

This was the only reference to Maine and residency requirements during the 180 rule that I could find online.

It seems as though a malpractice suit may be in order here, unfortunately doomed.

[doomed]

doomed & B2S, it appears that Maine does NOT impose residency restrictions to use their exemptions. See link:

http://exemptionsexpress.com/Alabama_to_Missouri.html

Also, see:

http://exemptionsexpress.com/How.html

This was the only reference to Maine and residency requirements during the 180 rule that I could find online.

It seems as though a malpractice suit may be in order here, unfortunately doomed.

Thank you Joe, that is exactly what we've been trying to find out, as our attorney couldn't seem to tell us or even return our calls. Or at least my husbands calls, I'm trying NOT to talk to the man. Being in the early 2nd trimester with twins, I gotta take it easy.

The malpractice suit would be a waste, as it would become property of the bankruptcy estate. sigh.

[ccsjoe]

You're welcome doomed, although this is not what you wanted to hear. I found that link though a link off of a link off another link off a Nolo link...LOL.

[backtoschool]

You're welcome doomed, although this is not what you wanted to hear. I found that link though a link off of a link off another link off a Nolo link...LOL.

I am totally impressed you found the link ccsjoe. I looked all over the place and tried links within links but couldn't find a thing.

Maine has a generous $6,000 household goods exemption, so you might be able to add to your household goods estimates to make up some of the loss on the car. There doesn't seem to be an upper bound on the household goods (beyond the vague $6,000 of wildcard as least as far as I can tell) as long as each item is "worth" less than $200. Also, you have a $5,000 book exemption which looks interesting...... This might be a way to cover more stuff that would have been covered with your federal wildcard.

As to your car, you will be able to buy the unexempted part back from the trustee at about half of blue book and then pay it off, if keeping the car is what you want to do. I would suggest changing attorneys and getting an attorney who is good at negotiating with the trustee on asset valuation and payment amounts, etc.

[doomed]

I am totally impressed you found the link ccsjoe. I looked all over the place and tried links within links but couldn't find a thing.

Maine has a generous $6,000 household goods exemption, so you might be able to add to your household goods estimates to make up some of the loss on the car. There doesn't seem to be an upper bound on the household goods (beyond the vague $6,000 of wildcard as least as far as I can tell) as long as each item is "worth" less than $200. Also, you have a $5,000 book exemption which looks interesting......

Are you talking about the 6k leftover from the homestead exemption? We gave up our houses in the bankruptcy, so does this not apply to us?

And yes Joe, thank you. I looked all over too, and I'm a pretty damn good googler. That was impressive, and that list needs to be a sticky!

[ccsjoe]

I hate to tell you both this, but it took me all of 10 minutes using these search terms: maine non resident exemption bankruptcy -- No sweat...LOL

[doomed]

ROFL Joe, I used every combination of those terms I could and came up with nothing! My husband did too. I don't know if I should admit we both work in IT, lol.

Edited to add: Maine has this: personal injury recoveries up to $12,500

Would they count my malpractice suit as a personal injury recovery?

[backtoschool]

Are you talking about the 6k leftover from the homestead exemption? We gave up our houses in the bankruptcy, so does this not apply to us?

And yes Joe, thank you. I looked all over too, and I'm a pretty damn good googler. That was impressive, and that list needs to be a sticky!

No, it looks like you can exempt all your household goods and other things, as long as they are worth less than $200 apiece resale value and can be exempted with that $6k unused homestead wildcard. You can use the homestead exemption up to 6k, as long as you have it left over. You can also use the unused homestead exemption for tools of the trade type of stuff such as the books, computers, etc. Perhaps the car could be squeezed in this way? Do either of you use the car for work?

ccsjoe, I consider myself an expert googler and I used phrases very similar to that and came up with nothing. I think you were more persistent and actually clicked on the links, which is great.

[ccsjoe]

I agree that this reference guide should be a sticky. I'll email a Mod. I also created this blog entry for easy access to the whole thing.

http://www.bkforum.com/entry.php?383-Residency-Restrictions-for-State-Exemptions-vs.-Federal-Exemptions