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Questions Answered by Andrew Bresalier
1 Answer | Asked in Bankruptcy for Tennessee on
Q: How does a lawsuit effect you filing a chapter 13
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: A Debtor loses the right to all actions unless abandoned by the Trustee.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If someone filed bankruptcy 15 years ago on something they owe you and now they own a business can you collect
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: It wouldn’t matter if the person was now a billionaire. If the matter was discharged, they no longer owe you.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: After a discharge i ch-7 BK do I have a right to get an accounting of what is not estate?

Can I request an accounting from the Ch-7 Trustee after discharge? Nothing specifying what is the estate has been filed.

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: An accounting will only be done if it was an asset case. If there were assets administered, the Trustee will file the accounting.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If you owe child support and file bankruptcy do you still have to pay child support?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: A chapter 7 discharges your debts. This means you no longer have a legal obligation to repay them. However, certain debts are not dischargeable, such as student loans, Child/Spousal Support, Taxes and Debts relating from a DUI.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Is your mortgage covered under Chapter 13 bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: It is up to the Debtor. He can seek to cure arrears in a Plan or he can seek to Discharge the matter.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can I sell land BEFORE I file chapter 7 and have no profit only payoff loan amt in TN?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: You can sell; however, a sale on the eve of a bankruptcy filing will be highly scrutinized, especially if it is to a relative or not an arms-length relationship. There is a possibility, depending on the Trustee that if the sale is for less than the market value, that the Trustee could demand... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I filed bankruptcy in April 2002; did not reaffirm on 2nd mortgage.; 10 years have passed. How to get lien released?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: You would have to file a suit in the state court to clear title.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Where can I find statistics of bankruptcy filings in the state of tennessee from january 1 2012 until now?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: After filing chapter 13 how long do I have to complete the predischarge class
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

The Post Filing Class is just under 2 hrs.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Please direct me in the right way - looking for a PRO BONO representation case in my bankruptcy case Hawkins Co TN?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

Contact your County Bar association.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Is there free online visibility of a person's bankruptcy filing for the Middle Tennessee Bankruptcy Court
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: How long does it take for a bankruptcy to be removed from a person's record in Tennessee?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: Bankruptcy stays on your Credit Report for 10 years; however, it stays in the Public Record FOREVER!

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: How would I find a qualified Expert Witness for a Bankruptcy Appeal?

Original filing attorney died in a private plane crash. Was not entitled to any Bankruptcy. Case is ongoing but has only paid fees, no creditors so no relief. Looking into viability of appeal. Two CH-11's and one CH-7 have been filed so far.

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: Simply Stated: A regular witness is someone who saw something happen. An Expert Witness is someone who can provide testimony based upon his/her expertise.

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: If a chapter-11 is filed, but not processed with a Plan, who is at fault?

Personal chapter-11 filed, single creditor, able to repay. Original attorney died, substitute never discussed nor arranged for submission of a plan. The debtor was solvent and only in arrears with a single creditor, reorganization as an option but not entitled to any other chapter. Is the fault... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: The Debtor is at fault. If you are a Creditor, especially one on the Committee, you should either move for a Dismissal or Compel a Plan.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If a patient files chapter 7, but then wants to pay the amount that we wrote off, is that legal?

My name is Shawn and I am the Patient Accounts Manager for a Dental Provider. We have a patient that filed a 7 in 2010 while separated from her now ex-husband. We wrote off her account, her biological child (his step-son)and two children with her and the ex-husband. She now has come and asked to... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: It is legal and frequently done. Though the prior bill is discharged, the doctor can decline to provide future services. This can present a problem if a patient is in the middle of a procedure. Thus, many patients reaffirm or continue to pay their doctor(s), even though they are no longer... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: How much do you have to owe to file chapter 7 bankruptcy in Tn.
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I filed chapter 7 myself and has now been discharged how do I find out what was and was not discharged in tennesse
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: All the debt you listed in your schedules is generally dischargeable; however, some things are not dischargeable, such as student loans, taxes, Support, Debts in relation to a DUI and Debts to the FDIC. Additionally, if you chose to Reaffirm any debt that would also not be discharged.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I just received my discharge from chapter 7,which I filed myself,how do I find out which debts were discharged
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: All the debt you listed in your schedules is generally dischargeable; however, some things are not dischargeable, such as student loans, taxes, Support, Debts in relation to a DUI and Debts to the FDIC.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Had a client file bankruptcy said to me that i was included in this. however i was never informed.what can i do
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: First you should confirm that you were not included. Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I received my discharge of chpt 7 that I filed myself,how do I know which debts were dischaged
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: All the debt you listed in your schedules is generally dischargeable; however, some things are not dischargeable, such as student loans, taxes, Support, Debts in relation to a DUI and Debts to the FDIC.

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