Bad.......

[doomed]

Thanks, I don't know what our options are for a dismissal. I've now gotten a "job" that would put us out of the means test! UGH! And still . . no call from the attorney. I'm gonna make myself sick with worry this weekend.

[tobee43]

that's why i'm pressing the dismissal....but with another atty...and for reason's i can't know at the moment....but this dumb guy messed up......

[tyson24]

We are using the federal as well, but if your attorney told you you could use them and you cannot...Oh I would be so mad! Sorry you are going though this. Would you rather dismiss your case than take the other exemptions?

[doomed]

Just out of curiosity, which exemptions are you HOPING for?

In my case, the federal will be more beneficial for me.

We were hoping for and told we were going to use the federal exemptions. The trustee said we can't. Thus, all of our stuff that was protected with the federal exemptions -- not anymore.

[doni49]

Just out of curiosity, which exemptions are you HOPING for?

In my case, the federal will be more beneficial for me.

[doomed]

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...ral-Exemptions

Good job Joe, thanks again.

Still no word from our attorney. Guess we won't hear anything til next week now. He must be letting us "cool down" - obviously I should have warned him I'm a Southern belle and there is no such thing as "cooling down" for me . .

[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

[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.

[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?

[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]

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!

[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.

[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.

[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]

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.