Bad.......

[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.

[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]

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 . .

[doni49]

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

[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.

[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.

[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!

[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.

[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

[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 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 . .

[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".

[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.

[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]

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.