Your thoughts . .

[doomed]

So . . some of you may remember we found out at our 341 we wouldn't be able to use federal exemptions, and would have to use the ones for the state of Maine. This put us in a position to lose our nearly $6k in savings. Well today, FINALLY, our lawyer is actually filing for us in the state of maine (because we had until monday to contest the trustee telling us to turn over all of our money, as he filed his report with us claiming the state we're in now and not maine). . . so anyway, just completed the schedules and our attorney had talked to an attorney in Maine -- and this attorney said there is no precedence for the $6k unused homestead exemption being used to cover savings. This is what it says:

Unused homestead to $6,000 or unused total for tools of trade, personal injury recoveries, or household goods & furnishings, clothing, appliances, books, animals, crops, and musical instruments.

But the attorney suggested we try, because he's never actually seen it done, someone trying to protect cash, that is. Is there a disadvantage to at least trying? We would have to go in front of the judge -- any idea what he would ask? Is this a shot in the dark anyway? Is it worth it pushing our bankruptcy out? If it worked and these savings were protected, we'd go from an asset to a no asset case. TIA!

[biotechsolution]

You will have to go in front of the judge if the trustee obects. It will be a mini-trial within the bankruptcy.
It may be an uphill battle trying to protect cash. In the grand scheme of things what is the 6K compared to the amount of
debt your discharging. Would you rather have the 6K or all the debt.

[doomed]

But if it doesn't hurt us either way, the worst that can happen is we lose the cash (which we were expecting all along).

[backtoschool]

But if it doesn't hurt us either way, the worst that can happen is we lose the cash (which we were expecting all along).

I think you have come this far and you should try. The fact that your attorney messed things up initially should work in your favor with the judge. Make sure your loser attorney does not charge you extra for the defense of the exemption.

[tcreegan]

Hi doomed,

Just wanted to add some words of encouragment; go for it and I hope you win!!

Pulling for you here in Colo,

Tom

ps: did you have a rescheduled 341 yet?

[ccsjoe]

Hey doomed,

I was hoping to hear from you. Like everyone else said, go for i!!

Good luck

[doomed]

What a fricken waste of a post. OF COURSE nothing is going to come of this. Last week we got a court date for Thursday because, obviously, the trustee objected. Yesterday, my husband called our lawyer to get info on what's going to happen in court, and it so turns out our wonderful lawyer was going to a meeting yesterday afternoon with the trustee on this very issue. He promised DH he would call him after the meeting and let him know how it went. He never called. About an hour ago, DH called him on his break. And it's WONDROUS news! /sarcasm - We're not even going to go to court over it, because if we lose (which we most assuredly will) we'd have to pay the trustee for his time (obviously 6k isn't enough) and not to mention, we owe him a paycheck of DH's since we filed in the middle of a pay period, and our federal tax return that we'll be getting next year.

What in the name of all that's holy is going on here?! I SOOOOOOOOOOOOO 1000000000% regret going with an attorney instead of doing this on my own. It's not like the trustee is writing the bankruptcy code as we go -- this is crap we should of known BEFORE going to our 341 (which was two months ago). I now wish I'd of done this pro-se. I didn't because I'm pregnant with twins and didn't want the stress and trying to figure this out with pregnancy brain, but so much for that - I AM having to do all the research anyway AND I'm stressed out! When will it all end?! When will the freaking surprises stop?! I'm contracting right now and I just can't handle this crap anymore. I FREAKING HATE MY LAWYER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[tcreegan]

...breathe....exhale slowly....breathe...

Just wanted to add more encouragement....and, if not too personal, ask when the twins are due...

Keeping you in our thoughts and prayers,

Tom in Colo

[angles]

this sucks. sorry to hear about your crappy attorney.

[wipetheslate]

I'm truly sorry you got such a lousy lawyer. Can you go in front of the judge and plead to have your case dismissed? You'll have to wait 6 months to refile, but in that time you can get the $6K into exempt assets.

[mommi2many]

Sorry doomed. You've got to try to relax for the babies. I know it's hard though. When I was pregnant with twins, my father passed away and it was very stressful. Everyone was worried I would lose the babies. We all made it through with a lot of support and relaxing on my part.

I have an idea--maybe you can get a pic of your lawyer and use it for dart practice. That could be a great stress reliever. Hang in there.

[angles]

[QUOTE=I have an idea--maybe you can get a pic of your lawyer and use it for dart practice. That could be a great stress reliever. Hang in there.[/QUOTE]

I like that idea!! I can see the call now..."hello Mr. crapy attorney, can you provide me with a photo of yourself so I can post it on my dart board for stress relief?"

[bellows321]

I like that idea!! I can see the call now..."hello Mr. crapy attorney, can you provide me with a photo of yourself so I can post it on my dart board for stress relief?"

Forget the dart board, get a voodoo doll. You just need to pluck a hair or two from your attorney's head. . .