341 meeting tomorrow & now atty says he may have filed in wrong state!

[pileated]

My husband's 341 hearing is tomorrow.

He hired an attorney in State A before we moved from State A to State B. The attorney has told him all along that he must file in State A because that is where all the debt originates and was incurred, and the majority of it is for the house.

My husband became a resident of State B on July 1, 2009. My husband refers to us as being economic refugees.

The house was sold at a foreclosure sale at the end of January 2010. It is bank-owned real estate and is currently for sale for about $200,000 less than my husband owes on it.

The bankruptcy was filed on April 1, 2010.

Last week, the attorney warned my husband that the case may have been filed in the wrong state, but he won't know for sure until tomorrow at the 341 meeting.

My husband flew to State A this afternoon to attend the meeting. He is really worried now.

Does anyone know how to find out this information for sure?

Thank you for your help,
pileated

[Majakat]

What state were you in - and from what dates, and what state are you in now?

[sunkinsc]

I understand the requirement to be

6 months residency, (180 days), prior to your filing date. So if you lived in the state you filed in for at least 180 days then that is where you need to be.

Of course I am not an attorney but I recall reading that requirement. Hopefully a more seasoned professional can let you know for sure.

And what the hell is that attorney doing representing people???? I would be really p.o.ed if I had an attorney with that kind of answer.

[SMinGA]

You file in the state you live in NOW. (edited to clarify: assuming you have lived there for the majority of the past 6 months.)

You use exemptions of the state you live in now if you have lived there for 2 years. If not 2 years in one place, you use the exemptions for the state you lived in for the majority of 2 to 2 1/2 years ago. If no state has the majority (greater than 1/2, so more than 3 mos) you use federal exemptions.

But the question is what exemptions to use - you always file where you live.

Its ludicrous that an attorney would not know this. Your husband's case will likely get dismissed, and he'll have to refile. PErhaps reporting the atty to the state board would be in order if he does not issue a refund?

[nc73]

It is not 180 days. It is 91 days.

[SMinGA]

Thanks for the clarification NC73, you file where you live now if you have been there for at least 91 days. The rule is worded as where you've lived the majority of the past 180 days.

Since the poster indicates they moved last summer, the case was filed in the wrong state. And its a sad shame of an attorney to not know his/her job... Probably was not licensed to practice in the other state and was an effort to keep the customer from hiring another attorney?

I still think at least a partial refund is in order if this filer ends up having to re-file...

[LadyInTheRed]

It is not 180 days. It is 91 days.

Unless you moved around a lot. It's 91 days if you were in the same state for the last 91 days. The rule actually is that you file where you lived for the majority of the last 180 days.

While this filing should have been in state B, according to a article on a website this site doesn't seem to allow me to link to, it can stay in State A unless somebody objects. It's the first search result if you google "bankruptcy venue". I wonder if I can't link to that site because it isn't a good source of information. I've never had a problem including a link in a post before.

I'd keep an eye on this attorney! This isn't a good sign.

[pileated]

Thank you for all of your replies.

I told my husband. He said the lawyer convinced him that he filed in the correct state because no creditor in its right mind would want a change of venue.

Sigh. I guess we'll find out for sure tomorrow.

I did tell my husband in no uncertain terms that all of the money we paid that lawyer better be refunded if the lawyer filed in the wrong state.

I am trying not to think about this. I have been yapping about the venue problem since we moved and this, along with several other concerns I have, has been disregarded.

I just hope the 341 meeting goes smoothly. If any of the problems I have mentioned both to my husband and to his attorney come up, well ... I am going to have a conniption.

Thank you again for your advice.
pileated