Bad.......

[doomed]

doomed it continues to be quite troubling about your atty though...

all your responses you rec'd were excellent to help with your direction....however, do not let this guy get off easy!

Tobee, he's not going to get off easily. Even if everything else works out we're still losing at least 6k in savings. I know if I sue him for malpractice the proceeds would just go to the bankruptcy (what kind of sense does THAT make?!) but I will definitely report him to the SD Bar.

[tobee43]

Tobee, he's not going to get off easily. Even if everything else works out we're still losing at least 6k in savings. I know if I sue him for malpractice the proceeds would just go to the bankruptcy (what kind of sense does THAT make?!) but I will definitely report him to the SD Bar.

i'm certain you will doomed. but i read many threads and posts on this site...and this situation is just one that has hit a nerve with me.

he better fix this and NOT make ME come there!! LOL!!!

right malpractice....like atty's sue each other....RIGHT? like maybe in another lifetime.....

i would file the complaint with the bar assoc....i would seek back your fees etc...THAT's FREE...if you hire another atty they of course will charge you.

now...believe me...i'm NOT anti atty...my sister is one, my brother is a superior court judge and i was in the field (neither wanted to hear a word about my bk....like it never happened and they live in other states)...i think that's maybe why this bothers me so much...i know at least my siblings have ethics!

[ccsjoe]

Good morning doomed et al,

It does seem that Maine allows for doubling at least some if not all exemptions for joint filers. I was unable find an exact "yes", however the link below although slightly outdated, points to a yes.

http://www.ptla.org/bankruptcy_faq.htm

And then there is significant caselaw precedent stating that unless a state specifically disallows it, exemptions can be doubled for joint filers. See text below with case references:

Can you double exemptions for joint filers? (General principles)
If you are married and filing together, you and your spouse must use the same law; one cannot use federal law while the other uses state law. However, the exemption law chosen applies separately to each spouse. Thus, it is generally possible to double the amount of state law exemptions, Cheeseman v. Nachman, 656 F.2d 60 (4th Cir. 1981) (married couple filing a joint petition was entitled to double the Virginia homestead exemption), unless state law (e.g. California) specifically prohibits a couple from doubling certain exemptions. See First National Bank v. Norris, 701 F.2d 902 (11th Cir. 1984)(Alabama); Granger v. Watson, 754 F.2d 1490 (9th Cir. 1985)(California).

From other references I've been able to gather, like this link: http://www.mainebankruptcy.com/faq.html I gathered this quote:

"21. I'm Married, Can I File by Myself?

Yes, but your spouse will still be liable for any joint debts. If you file together you will be able to double your exemptions. (see Maine bankruptcy exemptions) In some cases where only one spouse has debts, or one spouse has debts that are not dischargeable then it might be advisable to have only one spouse file. If the spouses have joint debts, the fact that one spouse discharged the debt may show on the other spouses credit report."

So it does seem you are allowed to double your exemptions for Maine.

I would be on top of your attorney like a pitbull with this.

[doomed]

Good morning doomed et al,

It does seem that Maine allows for doubling at least some if not all exemptions for joint filers. I was unable find an exact "yes", however the link below although slightly outdated, points to a yes.

http://www.ptla.org/bankruptcy_faq.htm

And then there is significant caselaw precedent stating that unless a state specifically disallows it, exemptions can be doubled for joint filers. See text below with case references:

Can you double exemptions for joint filers? (General principles)
If you are married and filing together, you and your spouse must use the same law; one cannot use federal law while the other uses state law. However, the exemption law chosen applies separately to each spouse. Thus, it is generally possible to double the amount of state law exemptions, Cheeseman v. Nachman, 656 F.2d 60 (4th Cir. 1981) (married couple filing a joint petition was entitled to double the Virginia homestead exemption), unless state law (e.g. California) specifically prohibits a couple from doubling certain exemptions. See First National Bank v. Norris, 701 F.2d 902 (11th Cir. 1984)(Alabama); Granger v. Watson, 754 F.2d 1490 (9th Cir. 1985)(California).

From other references I've been able to gather, like this link: http://www.mainebankruptcy.com/faq.html I gathered this quote:

"21. I'm Married, Can I File by Myself?

Yes, but your spouse will still be liable for any joint debts. If you file together you will be able to double your exemptions. (see Maine bankruptcy exemptions) In some cases where only one spouse has debts, or one spouse has debts that are not dischargeable then it might be advisable to have only one spouse file. If the spouses have joint debts, the fact that one spouse discharged the debt may show on the other spouses credit report."

So it does seem you are allowed to double your exemptions for Maine.

I would be on top of your attorney like a pitbull with this.

Joe, I am humbled by your actions for me, a total strange's bankruptcy case. Thank you SO MUCH for this information. I will be on my attorneys stoop Monday morning armed with all of this. If we can double our exemptions it would help tremendously. Thank you so much.

Tobee, I don't think I can get my $1500 back from my lawyer. Wouldn't that just go to the bankruptcy estate as well?

[ccsjoe]

Joe, I am humbled by your actions for me, a total strange's bankruptcy case. Thank you SO MUCH for this information. I will be on my attorneys stoop Monday morning armed with all of this. If we can double our exemptions it would help tremendously. Thank you so much.

Tobee, I don't think I can get my $1500 back from my lawyer. Wouldn't that just go to the bankruptcy estate as well?

Please don't mention it. Word might get out that I actually may be nice....and then there goes the neighborhood, you know?

As far as your incomeptent attorney, I would actually sue him for malpractice once your case is settling just for principle, regardless of whether I received anything or it all went to the bk estate.

[backtoschool]

In your case, I think you could get a voluntary dismissal due to your attorney's negligence. You would request a hearing with the bankruptcy judge, not the trustee. You have very solid arguments for a dismissal. You would be able to file again after the dismissal once you put that 6k in an ira.

[tobee43]

In your case, I think you could get a voluntary dismissal due to your attorney's negligence. You would request a hearing with the bankruptcy judge, not the trustee. You have very solid arguments for a dismissal. You would be able to file again after the dismissal once you put that 6k in an ira.

indeed.....and exactly the point i was attempting to make...this case should be dismissed due to attorney's negligence....backtoschool worded it much better than me....

[backtoschool]

I want to add, that I did some research on voluntary dismissals, and you have a very solid reason for wanting one. The judge weighs your interests and rights to a voluntary dismissal against the trustee's and your creditors interests. Since obvious mistakes were made on your petition which are costing you a lot of money, you have a strong case that could be argued effectively to the bankruptcy judge.

[tobee43]

Please don't mention it. Word might get out that I actually may be nice....and then there goes the neighborhood, you know?

As far as your incomeptent attorney, I would actually sue him for malpractice once your case is settling just for principle, regardless of whether I received anything or it all went to the bk estate.

forget it joe....like people already DON'T know your nice...???

[tobee43]

Joe, I am humbled by your actions for me, a total strange's bankruptcy case. Thank you SO MUCH for this information. I will be on my attorneys stoop Monday morning armed with all of this. If we can double our exemptions it would help tremendously. Thank you so much.

Tobee, I don't think I can get my $1500 back from my lawyer. Wouldn't that just go to the bankruptcy estate as well?

yes...doomed you could ....the assoc. in your state can absolutely make him give you BACK the fees...i mean...you will have to file the complaint....and request the fees be returned and why...etc. i have seen it happen...

but your correct HE will NOT give it back until he's made too....



and on another note....joe...you are such a nice person to do all this research for doomed. really....kudo's to you for being such a good human!!

[ccsjoe]

Question. What exactly would be accomplished by a voluntary dismissal here? doomed has a new job now, if I am not mistaken, and that would negate a CH7 due to means testing if I recall on an earlier post. So filing from scratch as of a new date may actually be more harmful than beneficial, even though they may end up protecting the 6K. Also, if they get to refile from original filing date, then they are still stuck with Maine. What changed? So unless I'm grossly misreading something, what would the advantage to doomed be?

[backtoschool]

Question. What exactly would be accomplished by a voluntary dismissal here? doomed has a new job now, if I am not mistaken, and that would negate a CH7 due to means testing if I recall on an earlier post. So filing from scratch as of a new date may actually be more harmful than beneficial, even though they may end up protecting the 6K. Also, if they get to refile from original filing date, then they are still stuck with Maine. What changed? So unless I'm grossly misreading something, what would the advantage to doomed be?

I think that doomed wants to protect the 6k. The difference in income should not cancel out their eligibility since the time period is so short.

[tobee43]

Question. What exactly would be accomplished by a voluntary dismissal here? doomed has a new job now, if I am not mistaken, and that would negate a CH7 due to means testing if I recall on an earlier post. So filing from scratch as of a new date may actually be more harmful than beneficial, even though they may end up protecting the 6K. Also, if they get to refile from original filing date, then they are still stuck with Maine. What changed? So unless I'm grossly misreading something, what would the advantage to doomed be?

well....there's damages here...and i don't know the "new" figures with the new job...however, i would ask for the case to be dismissed and re-filed based on the information that was provided at the time or the filing if possible....because that's what we are talking about here. a missed opportunity based on atty error.

of course..i'm not certain it can be done...but it should be based on what was submitted at the time, however, you are correct the numbers could change...but to the tune of the 6k payout...i don't know.

[doomed]

well....there's damages here...and i don't know the "new" figures with the new job...however, i would ask for the case to be dismissed and re-filed based on the information that was provided at the time or the filing if possible....because that's what we are talking about here. a missed opportunity based on atty error.

of course..i'm not certain it can be done...but it should be based on what was submitted at the time, however, you are correct the numbers could change...but to the tune of the 6k payout...i don't know.

If they filed it with the same info, wouldn't that mean I lose the 6k again? As for dismissing and refiling with my current info, I started a contract where I netted 4k in the first month. I'm fairly certain it would put us over and possibly push us into a 13. Heck, though, I don't know if we won't be pushed into a 13 now . .

[tobee43]

doomed...if that's the case i would try and have it dismissed as outlined by backtoschool.....and then WAIT.....

and refile when your numbers are good to go. which is what you should have been advised to do to begin with!!

we waited close to 3 years...i mean, it wasn't easy, but we had to wait to meet the criteria necessary to file the way we wanted to.

you'd have to work the numbers and either WAIT until they reach your goal...or adjust your expenses accordingly.