Argh, can't find attorney experienced with using Michigan rather than Federal rules.

[shoopy]

I have interviewed a few attorneys, in person and on the phone. All of them have insisted that in filing chapter 7 I would be best off using federal exemptions, rather than the Michigan exemptions, which allow for exemption of the homestead by tenancy of the entireties, if filing solo.

Today, I spoke to an attorney who seemed very smart, with over 20 years experience, who admitted that I might actually be better off filing under Michigan rules. Only problem is, he has never filed a case under anything other than federal rules. My guess is that none of the other attorneys that I spoke to have filed using Michigan rules either. I like this guy, he seems more savvy and up front than the others, and is sure that there would be no problem, even though he has no experience with this exact type of filing.

I am in West Michigan, and there is a limited number of BK attorneys here, and I get the feeling that there may be no one on this side of the state with experience filing Michigan rules. Yeah, I find that hard to believe too, but that's how it's looking. If I was on the East side of the state, I'm sure I could find someone, but it is probably going to be a very expensive to have a lawyer from across state represent me.

Does anyone have any ideas? Should I go with the guy I like, and hope that his refresher of Michigan BK law will be satisfactory?

All input welcome.

[dina13]

I think you should trust your gut. If you like the guy, then why not go with him? Do you think it matters that he hasn't done MI exemptions? If he knows how to do exemptions, and can follow the rules, there shouldn't be a problem.

[TheBajan]

I had the same problem and didn't even know enough to realize it. We interviewed several atty's before we found someone who even mentioned the Michigan exemptions to us. It meant the difference between keeping our rental house or losing it as well as turning our 13 from a 5 to a 3 year plan. BTW... I'm on the east side so the problem seems to be widespread. Keep looking or go with this guy. Our atty was great but like I said, we talked to several and went to several consultations before we found him.
Best of luck,
The Bajan

[shoopy]

I had the same problem and didn't even know enough to realize it. We interviewed several atty's before we found someone who even mentioned the Michigan exemptions to us. It meant the difference between keeping our rental house or losing it as well as turning our 13 from a 5 to a 3 year plan. BTW... I'm on the east side so the problem seems to be widespread. Keep looking or go with this guy. Our atty was great but like I said, we talked to several and went to several consultations before we found him.
Best of luck,
The Bajan

Your guy actually had Michigan rules experience, and didn't have to look it up, right? I'll bet I could find someone in Detroit or Southfield.

[TheBajan]

I'm in the upper thumb area... pretty rural communities up here. Yes, he had experience but he still had to look up some things to make sure. He said that it's very rare for the Michigan exemptions to be more beneficial than the federal but in our case they were. He was also a former trustee for chapter 7 cases and on very good terms with our trustee.

[LadyInTheRed]

An attorney with 20 years experience should be able to file a case with Michigan exemptions even if he never has before. He knows how to research and interpret the law. Thats something a good attorney never stops doing.

[HHM]

Exemptions are not that terribly difficult and the law is pretty easy to look up. It is simply a check box on the computer screen as far as the forms are concerned. I don't think you need to hold out for someone that has actually "used" Michigan exemptions, just someone who you feel is competent.

[JimKutkowski]

Exemptions are not that terribly difficult and the law is pretty easy to look up. It is simply a check box on the computer screen as far as the forms are concerned.

Actually Schedule C is where most of the lawyering is done. A fouled up exemption can screw up an entire case (trust me I've done it then fixed it).

Lawyers never stop learning, I would think an attorney with 20 years experience should be able to handle a state exemption, and I'm sure that at least one case in the past has handled it. I have a circle of about 15 BK attorneys in my district I can fire off an email to and I have never had a situation come up that one of those gentlemen or ladies hasn't handled.

If you trust this lawyer, go with him.

[BKAttyMI]

Kind of late to the table, but my firm has an attorney that receives many referrals solely so he can use the MI exemptions in the Western District of Michigan. In MI, it is not so easy as checking boxes as the MI exemptions have been ruled unconstitutional on multiple occasions.

[AngelinaCat]

In MI, it is not so easy as checking boxes as the MI exemptions have been ruled unconstitutional on multiple occasions.

If they have been ruled unconstitutional, are they still on the books--and by extension--still out on the Internet, where people can 'google' them, or have they been removed or revised? If they have been removed or revised, is our list correct, or do we need to update it?

Thanks!

[Pjmax]

http://blog.nolo.com/bankruptcy/2012...ly-exemptions/

Aug. 20, 2012 US Court of Appeals ruled okay to use MI exemptions.

Sorry, I couldn't cut and paste article.

Edit: I guess I should have said the unconstitutionality ruling was overturned.

[shoopy]

If they have been ruled unconstitutional, are they still on the books--and by extension--still out on the Internet, where people can 'google' them, or have they been removed or revised? If they have been removed or revised, is our list correct, or do we need to update it?

Thanks!

The whole thing was strange. The 6th circuit bankruptcy appellate panel issued the "unconstitutional" opinion last year. All the while, no one was sure if it applied just to the Western district of Michigan, or the Eastern district, too. The whole opinion was kind of weird and rambling (maybe just because I'm not an attorney).

Anyway, as the above poster mentions, the 6th Circuit court of appeals reversed the panel's opinion, and re-instituted the Michigan exemptions for both districts.

As far as I can tell, Michigan currently has 3 possible sets of exemptions, Federal, Michigan bankruptcy specific, and Michigan general debt exemptions. Decisions, decisions...