Bad.......

[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

[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.

[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]

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.

[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???

[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.