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Questions Answered by Oliver L Cisowski
3 Answers | Asked in Bankruptcy for Tennessee on
Q: Can a finance company come and get collateral if I'm fixing to file Chapter 7 do I have to let them in the door

I can file in 2 weeks but this finance company wants to come view the collateral of which I no longer have some of the items. Please help

Oliver L Cisowski
Oliver L Cisowski answered on Oct 14, 2020

If you have retained legal counsel let the finance company know. They should be contacting your attorney rather than you directly.

The general rule is that they cannot "breach the peace" when attempting to take back collateral. A simple "no" is sufficient to meet that...
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3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I own a home and a RV. All credit card debt is paid off. The RV payment is to high. We owe more than the RV is worth.

What are my options to keep my house but to get rid of the RV?

Oliver L Cisowski
Oliver L Cisowski answered on Jun 29, 2020

Like the other attorneys who have responded, a Chapter 7 would allow you to surrender the RV and discharge the loan in its entirety. A Chapter 7 allows you decide whether you want to keep secured debt or get rid of it. In your case, you can retain your house and keep paying the mortgage and... Read more »

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: Does TN require that chapter 13 payments also be made from the $600 federal stimulus money received during unemployment?
Oliver L Cisowski
Oliver L Cisowski answered on May 17, 2020

No, this money is explicitly excluded from the definition of income in the CARES Act. This means it does not need to be paid into your plan.

However, if you have recently become unemployed due to the coronavirus and are not making payments into your Chapter 13 plan, you may want to speak...
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5 Answers | Asked in Bankruptcy and Real Estate Law for Tennessee on
Q: What are my options of negotiating a judgment lien off a piece of property I am inheriting in Tennessee?

The judgment lien has been on the property for 13 years and was put on after my sister got a divorce from her ex-husband and a debt for a vehicle was never paid. The ex brother-in-law is no longer in the state of Tennessee and this debt, unless negotiated off the property will most likely never be... Read more »

Oliver L Cisowski
Oliver L Cisowski answered on Apr 16, 2020

A short and simple answer is that a judgment lien in Tennessee is only valid for 8 years. However it seems that there are some moving parts in your questions. If you would like to email me, I can refer you to a real estate lawyer in your area to give you better advice.

This really depends...
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2 Answers | Asked in Bankruptcy and Consumer Law for Tennessee on
Q: I’m currently in a chapter 13, 4th year, will my tax relief check go to my trustee first?
Oliver L Cisowski
Oliver L Cisowski answered on Apr 14, 2020

If you mean your tax refund check, then yes. If you mean the CARES Act Covid-19 stimulus check, then no.

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: Hi my name is Zack and Im trying to check the status of my ch.13 case in the eastern district of Tennessee.
Oliver L Cisowski
Oliver L Cisowski answered on Apr 14, 2020

Go to trustee13.com. Choose Gwendolyn Kerney who is your Chapter 13 trustee. This will take you to a login screen. Your username is your case number and password is the last four of your social.

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3 Answers | Asked in Bankruptcy for Tennessee on
Q: I'm currently in chapter 13 as of November 2019. Will the Knoxville TN trustee be keeping the coming stimulus check?

What a blessing! Thank you so much sir for your quick response! Have a safe and healthy evening!

Sincerely,

Tina Humphrey

Oliver L Cisowski
Oliver L Cisowski answered on Apr 9, 2020

Yes! The CARES Act explicit excludes the stimulus payments from "current monthly income." In other words, it does not need to be paid into your Chapter 13 plan

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: I'm filing chapter 13. I have care credit for all my medical/dental. Will I still be able to use the card while in 13.

card is current and i have no insurance. Tenneessee

Oliver L Cisowski
Oliver L Cisowski answered on Apr 3, 2020

Generally you cannot. The general prohibition against accruing additional debt includes credit cards for healthcare.

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: I am in chapter 13 bankruptcy will I get back my stimulus check or will my trustee get it

I've been in chapter 13 bankruptcy for almost 2 years now

Oliver L Cisowski
Oliver L Cisowski answered on Mar 30, 2020

Unlike tax refunds, the trustee does not file a motion to intercept any other type of money coming from the treasury. So it will come to you.

There has been recent policy from the DoJ and local trustees in Tennessee that pretty explicitly state that debtors in an open Chapter 13 case will...
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can a lawyer ask you to pay more monthly after your case has been filed?

My monthly pymt is 500 per month, I received a text asking if I can pay more monthly since my husband no longer had a credit card bill due.

Oliver L Cisowski
Oliver L Cisowski answered on Mar 14, 2020

It sounds like the trustee wants you to pay your full disposable income into your plan.

A Chapter 13 plan must either be a 100 percent plan or else you must devote all your disposable income into the plan.

If a credit card of your husband has recently been paid off and he no...
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