Choosing a Lawyer

[okiemom2008]

We are going to have to go by Texas laws because we lived there 2.5 years ago. We live in Kansas right now so we have been going to consultations with lawyers here. However, should we be using a Texas lawyer even though we do not live there?

Also, does anyone know where I can get reviews on lawyers?

[hopeforus]

Wouldn't you just file in Kansas after you are there for 91dys? We are filing in Ohio (unfortunately) but have to wait for residency.

[HHM]

You would use a lawyer in KS, not Texas.

[okiemom2008]

You would use a lawyer in KS, not Texas.

Ok, good. I was just thinking the lawyers seem kind of sketchy on the TX laws for some reason

[HHM]

Ok, good. I was just thinking the lawyers seem kind of sketchy on the TX laws for some reason

But that also means your trustee's will be to

I wouldn't worry about it too much, the only issue are the exemptions. Unless your case is complicated, i.e. out of the ordinary assets, the fact that you have a KS lawyer shouldn't matter that much vis-a-vis Texas exemptions.

[hopeforus]

Wait... I'm confused. If we are living in Ohio and file in Ohio... wouldn't we use Ohio's exemptions? Why do exemptions matter for Texas if she files in Kansas?

ETA that we are leaving Wisconsin where we lived for almost 2.5yrs. Why would Wisconsin matter?

[okiemom2008]

Wait... I'm confused. If we are living in Ohio and file in Ohio... wouldn't we use Ohio's exemptions? Why do exemptions matter for Texas if she files in Kansas?

ETA that we are leaving Wisconsin where we lived for almost 2.5yrs. Why would Wisconsin matter?

My lawyer told me it matters where you lived 2.5 years ago, not today

[okiemom2008]

We also had a consultation with him Thursday and it went great. Friday we had two questions and called and left messages back and forth with the secretary there and never got a call. Called today and never got a call....Is this just lawyers?

[Tbornetun]

My lawyer told me it matters where you lived 2.5 years ago, not today

That makes completely ZERO sense. You will use the lawyer and exemptions from the state in which you are currently living.

It doesn't matter where you lived 2.5 years ago. I don't know what that attorney is telling you.

[hopeforus]

OK thank you because that didn't make much sense to me either. What are you supposed to do... go back to that state for your meeting? lol And why 2.5yrs ago?

[okiemom2008]

OK thank you because that didn't make much sense to me either. What are you supposed to do... go back to that state for your meeting? lol And why 2.5yrs ago?

I have no idea, that is just what he said. We are filing here in Kansas, but we have to go by the rules(exemptions and such) of the place we lived 2.5 years ago. Our meeting will be in Kansas just the rules are based on TX laws. confusing..lol

[Tbornetun]

I read on another post that you need to find a new attorney. Based on what you are saying about KS v. TX when filing, it is probably a good thing you need to find a new attorney. I have never heard of using exemptions from a state you lived in 2.5 years ago.

[okiemom2008]

I read on another post that you need to find a new attorney. Based on what you are saying about KS v. TX when filing, it is probably a good thing you need to find a new attorney. I have never heard of using exemptions from a state you lived in 2.5 years ago.

Yes we are finding a new one. He had a really good rep and reviews so I am kinda sad to not have him as our lawyer but maybe it is for the best. I called again today to ask about that but no call back(surprise). I hope we can go by the TX instead of KS laws since it would benefit us.

[okiemom2008]

Ok, So I was researching this and found this on the net

The state you use for your exemptions is:

The state you lived in for the 730 days (2 years) before filing; or
If you did not live in a single state in the previous 2 years you use the state where you lived the majority of the 180 period preceding the 2 year period; or
If the preceding renders you ineligible for any exemptions then the debtor is allowed to choose the federal exemptions.

[Tbornetun]

Sorry, I see what you mean now.
I have never run into this issue because a majority of the time we use federal exemptions so this would never come up as an issue. I have never needed to use state exemptions for someone in Minnesota who has not lived there for 2 years prior.
We usually only use state exemptions if someone needs to protect a large amount of equity in their home. The only people with any equity have lived in this state for years.