Bad.......

[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=

[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.

[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.

[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]

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????

[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]

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.

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.

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 $6k, 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.

[tobee43]

I've got nothing new to report. I woke up this morning so nauseous I couldn't move. Didn't get out of bed til 11 to try and make it to the pharmacy to pick up my zofran refill. Didn't make it all the way before getting violently ill in the parking lot Went home and went back to bed. Husband tried to call attorney on his lunch break and then again after work -- no return phone calls. Husband is giving him til Wednesday to hear from him, and then he's going over to his office... to be continued . . sigh.

ahhhhhhh doomed....i'm so sorry!!

i know this will not help....but honestly and truly...time will pass and so will this terrible situation. i promise. just do your best...get up....PUT SOME LIPS on...(my grandmother's way of making woman feel better)!! get a movie or two....keep busy and your mind filled with good things...your kids....the things that make you smile and warm inside...you need to bring yourself to a good place so you can move forward!!! GO PICK A PUMPKIN TODAY!!!...you getting your kids costumes made for the end of the month???...it's fast approaching....i'm working on MINE now!!! ( i don't have kids anymore), see......you can't stay in bed...there is WAY to much to be done!!!!

please feel better...this will all work out!

[backtoschool]

I've got nothing new to report. I woke up this morning so nauseous I couldn't move. Didn't get out of bed til 11 to try and make it to the pharmacy to pick up my zofran refill. Didn't make it all the way before getting violently ill in the parking lot Went home and went back to bed. Husband tried to call attorney on his lunch break and then again after work -- no return phone calls. Husband is giving him til Wednesday to hear from him, and then he's going over to his office... to be continued . . sigh.

Please take care of yourself and do not let the stress affect your well being.

I think if you do not get in touch with the lawyer tomorrow or Wednesday, you need to get a new lawyer. This lawyer is avoiding you because he knows he messed up, and he is going to have to deal with your wrath, and also will have to do it for no additional money.

The judge will approve your request for a new attorney if you file a formal request, given the circumstances.

[doomed]

I've got nothing new to report. I woke up this morning so nauseous I couldn't move. Didn't get out of bed til 11 to try and make it to the pharmacy to pick up my zofran refill. Didn't make it all the way before getting violently ill in the parking lot Went home and went back to bed. Husband tried to call attorney on his lunch break and then again after work -- no return phone calls. Husband is giving him til Wednesday to hear from him, and then he's going over to his office... to be continued . . sigh.

[ccsjoe]

Tobee, our bank actually got the judgement in favor. I'm sure next step would of been collecting on it.

Thank you and everyone again so much. I'm really itching to talk to my lawyer tomorrow now that I KNOW what HE should be telling us about whats going to happen.

I'll keep you guys updated

I'll be looking for your post. Bust him up!!

[tobee43]

yes please do...and remember they can't take blood from a stone....or can they???

you will be alright...it will all work out. i know this is really hard for you. but it will pass....

[doomed]

i understand your concern about the suit...however we were also served our summons....and that was over 2 years ago.

you can stale any suit...and even if they sue and get a judgment you can have it removed after the bankruptcy and the debt is discharged. your atty should have explained that to you.

while you want it to be done, and you should NOT be rec'ing any calls now you filed....so i don't understand.

you cannot be under this type of stress while your pregnant....

i hope it all works out for you.

Tobee, our bank actually got the judgement in favor. I'm sure next step would of been collecting on it.

Thank you and everyone again so much. I'm really itching to talk to my lawyer tomorrow now that I KNOW what HE should be telling us about whats going to happen.

I'll keep you guys updated

[tobee43]

Tobee, our bank sued us for $117k on our mortgage right before we filed. I'm worried about what waiting would do, especially for that. I think that we will just have to go ahead with it and lose the savings. Looks like the rest of our stuff is protected. We are in so deep with our debts and creditors and lawyers calling and harassing us left and right, that I was about to lose my mind. And lord knows all of the stress is bad for a twin pregnancy. I just want it to be done with.

i understand your concern about the suit...however we were also served our summons....and that was over 2 years ago.

you can stale any suit...and even if they sue and get a judgment you can have it removed after the bankruptcy and the debt is discharged. your atty should have explained that to you.

while you want it to be done, and you should NOT be rec'ing any calls now you filed....so i don't understand.

you cannot be under this type of stress while your pregnant....

i hope it all works out for you.

[doomed]

Double post, sorry.