Bad.......

[ccsjoe]

So . . my husband went by his office today, because his voicemail was full when he tried to call him. He asked him these questions and got these answers:

He said in regards to my husbands car, he's waiting on the bank to send over the paperwork for the reaffirmation. He will call them by end of next week if he hasn't heard anything.This is reasonable and expected, however make sure he follows up for real if you still have a relationship with him

In regards to filing in Maine -- he's not "sure" how Maine's exemptions apply to us. He said he's going to look at interpretations in this state to see how Maine's exemptions have been used in some database. He said he's then giong to put together a proposed amendment and then talk to the trustee about it. My husband said he needed to talk to a lawyer in Maine about the exemptions, and he said that would be a last resort because it would have "costs" - to which my husband said it would cost YOU because the only reason we are filing in Maine is because YOU miscalculated where we file and the lawyer said they'd discuss it after he discusses the proposed schedule with the trustee.
He really is a piece of work, not sure how ME exemptions apply? How about the 180 rule? He probably will need to consult a bk lawyer in ME regarding how ME interprets the application of exemptions, as far as doubling, however, there is no question as to the need to use ME since they do not have a residency requirement. I do know of one in ME that offers a free 120 minute initial consult...LOL
My husband asked him why weren't we advised to move our savings into an IRA, or something else, anything other than walking into the court and handing the trustee $5k, and he said there wasn't enough time to do any of that . . . Is there a window of which you have to put it into an IRA or whatever? He said he thought it was 6 months before filing.
He does have a point here. Transferring assets with the intent to exempt them can be cause for fraud

Sorry, doomed, my head's not on too straight right now and probably won't be until tomorrow afternoon, so the extent of my assistance is rather impaired. Thank goodness for B2S & tobee and others picking up the slack.

Did your husband address a motion to dismiss with him? When exactly is he going to do all this that he promised your husband? Is he going to have you review any amendments prior to submitting them?

Hope you are feeling better, by the way. And a message from my wife, if you need anything re: the twins pm me.

[doomed]

As an update - my husband finally got a hold of him last Wednesday afternoon (Our 341 was the Thursday before) . . Anyway he told my husband all the stuff he was going to do and get back to us at the end of this week that ended yesterday. He didn't. My husband called him at his office, no answer, called his cell phone, no answer, and kept calling his cell until he answered. He didn't even know who my husband was when he identified himself (let me say this -- this is a town of 26k and this guy has his own firm, is there any excuse not to KNOW your clients when they call?!) anyway he told my husband to come by today at noon and they'd talk. We're guessing based on the fact that he didn't even know who my husband was, he's got nothing done on our case. My husband wants to go in there yelling at him but I'm worried that he might get our case dismissed and then we can't file. Or if he doesn't get it dismissed, would he do something shady like mention to the trustee that I have this contract that I'm getting paid on? At the 341 the trustee asked if I had a job and I said I do now, and he said did I have it before the filing date and I said no and he left it at that. I'm worried if DH pisses him off that he'll tell the trustee about this contract and push us into a 13. What do you think????

[backtoschool]

As an update - my husband finally got a hold of him last Wednesday afternoon (Our 341 was the Thursday before) . . Anyway he told my husband all the stuff he was going to do and get back to us at the end of this week that ended yesterday. He didn't. My husband called him at his office, no answer, called his cell phone, no answer, and kept calling his cell until he answered. He didn't even know who my husband was when he identified himself (let me say this -- this is a town of 26k and this guy has his own firm, is there any excuse not to KNOW your clients when they call?!) anyway he told my husband to come by today at noon and they'd talk. We're guessing based on the fact that he didn't even know who my husband was, he's got nothing done on our case. My husband wants to go in there yelling at him but I'm worried that he might get our case dismissed and then we can't file. Or if he doesn't get it dismissed, would he do something shady like mention to the trustee that I have this contract that I'm getting paid on? At the 341 the trustee asked if I had a job and I said I do now, and he said did I have it before the filing date and I said no and he left it at that. I'm worried if DH pisses him off that he'll tell the trustee about this contract and push us into a 13. What do you think????

I think you should find another attorney asap. And then file a motion with the judge to change attorneys due to the negligence of your attorney. Ask for your attorney's fees back in the motion too. Worst case scenario, you will scare your loser lawyer into doing his job. Best case scenario, you will get your legal fees back, and can finish your filing with a competent lawyer.

[doomed]

Thanks BTS. If this meeting is unsatisfactory, DH will let him know we're finding a new attorney and will get our fee back from him.

[lrprn]

I agree that this reference guide should be a sticky. I'll email a Mod.

The reason that you don't see a forum sticky for state bk exemptions is that each state controls their own bk exemption law and the amounts and exemptions themselves change as states pass new exemptions laws. Any link for a specific state's bk exemptions or a list of all states' exemptions can become inaccurate quickly. Case law decisions can impact state and federal exemptions as well.

I've found to make sure I'm using the most up-to-date state bk exemptions when answering questions in the forums is to 'google' for the current state bk and federal exemptions by using the search terms "[current year] [whatever state you need] bankruptcy exemptions". In this case, to find the Maine bk exemptions, the search terms to use would be "2010 Maine bankruptcy exemptions" (without the paragraph marks).

The sites that return using this search pattern are most likely to be up to date, and most of the state bk exemptions sites will indicate whether federal exemptions are allowed or not and provide a link to the federal exemptions if they are allowed.

[Despotes]

Maine Bankruptcy Exemption Laws

http://www.legalconsumer.com/bankruptcy/bankruptcy-law.php?ZIP=04967&CITY=Pittsfield&ST=ME&FEDCT=ME&FIPS=23025&LOC=926&LOCNAME=Somerset&SUB=3472&SUBNAME=Northwest+Maine&REG=3283&REGNAME=Western+Maine&CBSA=0&METRO=