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Tennessee Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Tennessee on
Q: Can I\should I sell my home and move to an apartment while in Chapter 13 bankruptcy?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 6, 2023

Yes, you "can", but the question is more whether you should.

If your Ch. 13 Plan does not already provide for the sale, you will need to move for a modification of your Plan to provide for the sale and more importantly, what becomes of the sale proceeds.

And how will a...
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: I have filed and have been discharged chapter7 bankruptcy I had a title loan and two payday check loans at this one

Title/Payday loan company that was back in 2016 and my checking account was just debited for $460 dollars twice one for each check I also had a title loan the company says the title loan was covered in the bankruptcy but the two check advance loans were not what can I do?

Timothy Denison
Timothy Denison
answered on Oct 17, 2022

If they take any action against you, have your bankruptcy lawyer move to hold them in contempt for violating the automatic sultan/permanent injunction.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Need URGENT advice for a Bankruptcy 2004 Examination on 10/14 that the US Trustee refuses to reschedule

I am a 75 y/o senior who filed emergency Chapter 7 bankruptcy Pro Se on 8/10/22 in Williamson County, TN, to stop a foreclosure sale. I have not filed financial schedules but the Trustee closed my bank account containing only proceeds from my husband's life insurance and took every penny,... Read more »

Cristina M. Lipan
Cristina M. Lipan
answered on Oct 12, 2022

The purpose of the 2004 exam is to question you regarding potential assets of the bankruptcy estate. They will ask questions about financial accounts, the life insurance, and other assets. They will ask for copies of your records, and other information that you may know. It is a deposition, but the... Read more »

1 Answer | Asked in Bankruptcy for Tennessee on
Q: why would I receive a "notice of trustee's final report and applications for compensation and dealing to object (NFR)?

I have never filed for bankruptcy, and I don't know what this is or what it means to me.

Timothy Denison
Timothy Denison
answered on Jul 12, 2022

Probably sent to you in error. Call the trustee who filed it and they can probably resolve it.

5 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: Can I file bankruptcy for all my credit cards 2 loans medical bills and back taxes
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 16, 2022

When you file for bankruptcy relief, you must sign several bankruptcy Schedules showing ALL your estates and ALL your debts, and swear to their accuracy. You cannot leave anything out.

Credit card and medical bill debts are generally unsecured, i.e., there is no collateral securing...
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2 Answers | Asked in Bankruptcy for Tennessee on
Q: What do I do if a vehicle is not picked up in a bankruptcy?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 27, 2022

You should ask your attorney. But this does happen alot. There is nothing preventing you from continuing to drive the car, but you must be able to continue to register and insure it which can be difficult. When the secured creditor comes after, let them have it. Otherwise it could be charged... Read more »

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: in tn,can a married couple filing,ch.7,use their10k wildcard exemption to exempt a car valued at15k if in only one name

if not can you tranfer title to co ownership prior to filing and then use the combined 10k wildcard exemption to exempt the 15K valued car?

Michael Hollins Sr.
Michael Hollins Sr.
answered on Apr 14, 2022

Your question ultimately is about Exemption Planning. You really need to be careful how you exempt the assets you own. There is wisdom in how to go about doing so. You should contact a Tennessee bankruptcy attorney to ensure that your assets are well-protected.

3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I'm on ssd & over indebted myself to stay afloat and cant pay all my loans unless I go homeless. What can I do?

I make 1635 a month for 2 people and I have 4 loans that total 700 per month and my home and utilities are 600. Im not behind yet but i just can't keep up. I know it would damage my credit but can I alternate payments every other month or would bankruptcy be my best option?

Timothy Denison
Timothy Denison
answered on Apr 3, 2022

Take all your financial info to a bankruptcy lawyer. Most offer a free consultation snd can help you decide what to do.

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: If I’ve already filed Chapter 13, isn’t it illegal for them to repossess my vehicle while it’s under bankruptcy protect?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 21, 2022

At the moment a bankruptcy case is filed, the automatic stay is triggered. The stay prohibits all creditors from taking any action against you or your property to collect a dischargeable debt.

If a secured creditor, e.g., the holder of a lien on a vehicle, wants to repossess, it must...
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can a person who has a fixed income, (Social security) file a chapter 7 bankruptcy for car accident liability

Accident occurred in 2013, judgement was rendered and a lawsuit filed on behalf of plaintiff in 2016. Amount $8000

Timothy Denison
Timothy Denison
answered on Nov 30, 2021

Yes, so long as the underlying accident did not involve a DUI on your part.

2 Answers | Asked in Bankruptcy and Divorce for Tennessee on
Q: Divorced ex wife filed bankruptcy on house and all debt does she still have rights to the house money if sold
Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 5, 2021

That depends on what is contained in your Divorce Judgment. She is merely seeking to have her debt associated with the home discharged. There is no other effect whatsoever as to her her rights in the home. Whatever rights she had after the Divorce was granted should be the same after her... Read more »

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2 Answers | Asked in Bankruptcy and Divorce for Tennessee on
Q: Ex wife filed bankruptcy on all her debt including house does she have any rights or claims to it
Timothy Denison
Timothy Denison
answered on Nov 4, 2021

Depends on the terms of your divorce agreement.

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: My vehicle is titled to me however the loan was in my sisters name. She filed bankruptcy.What becomes of the vehicle

This was approximately 5-6 years ago

Timothy Denison
Timothy Denison
answered on Nov 1, 2021

You get to keep it as long as you keep making the payment.

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4 Answers | Asked in Bankruptcy for Tennessee on
Q: Is it possible to keep a vehicle that is not in your name, but you have been making all the payments and insurance?

the person whose name it is in is filing bankruptcy and us keeping their car and i cant refinance until the amount is lower. I am in Tennessee but the original owner is in another state.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 27, 2021

The logistics of getting a BR Order with the Trustee transferring Title will be difficult. Once the property is abandoned to the Debtor, he may be able to sign the Title. This assumes the Debtor listed the vehicle in his Petition. It will usually take two years for the BR Case to Close. If... Read more »

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3 Answers | Asked in Bankruptcy for Tennessee on
Q: I am currently under Bankruptcy. I have a new bill collector that is not on my list for companies under my bankruptcy

calling me. What can I do or what can I tell them?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 25, 2021

Call your lawyer. You will probably amend your Petition to include that Creditor. Do not talk to the creditor.

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: Are debts (not student loans) owed directly to a college dischargeable under Chapter 7 BR?

I filed Chapter 7 in TN, and my case was discharged appropriately. My student loans weren't discharged, which I knew going into the bankruptcy. Two of the other debts listed were unsecured debts that I owed to two different colleges; these are not student loans, but amounts owed directly to... Read more »

Mr. Chad Van Horn
PREMIUM
Mr. Chad Van Horn
answered on Mar 17, 2021

Generally speaking, yes. Because they aren't protected student loans pursuant to 523(a)(8). You should go back to Court and file a violation of discharge action.

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: I'm in Chapter 13 Bankruptcy, Tennessee. Just wondering if I have to turn my third stimulus payment over to the trustee

Knoxville area little town called maryville

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Mar 14, 2021

If you have a confirmed plan, just do what the plan says about what part of your income needs to be paid to the Ch. 13 Trustee. If your plan is not yet confirmed, you should still be able to keep your stimulus payment.

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3 Answers | Asked in Bankruptcy, Small Claims and Banking for Tennessee on
Q: what happens if i don’t pay off my collection/charge off debt?

there’s 3 different charges, one going back 3 years. i heard that they go away after “7 years off being on your credit report.”

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Feb 27, 2021

Broad question- "what happens to whom?"

A financial institution's "charge-off" is an internal accounting and regulatory function; a charge-off by your lender in no way affects or reduces your legal obligation to repay the debt.

The length of time an...
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2 Answers | Asked in Bankruptcy for Tennessee on
Q: How can I get a standing judgement removed that was discharged in bankruptcy almost 4 years ago?

Discharged in 2016. The judgement still stands in the courthouse but shows a zero balance. It no longer shows on my credit report. How do I get the judgement released?

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 27, 2021

I'm in PA, but, assuming that TN is like most states, a judgment becomes a lien on all property of the debtor throughout the state in which it is entered.

If the judgement was entered prior to your bankruptcy, it had become a lien on your property, and pursuant to the Bankruptcy...
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2 Answers | Asked in Bankruptcy for Tennessee on
Q: Ex-BF filing for bankruptcy; he's on the mortgage, we're both on the deed. What happens? What are my rights?

BF (now ex) and I bought a house together in Texas. Deed is in both our names but he's the only one on the mortgage; property is homesteaded, neither of us owns any other real estate. Since he earned 10x what I did, he paid the mortgage - until a year and a half ago when he sort of went out... Read more »

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 20, 2021

(I practiced law for 15 years in Oklahoma City, but I've been practicing here in PA since '89)

The result of his bankruptcy filing on your interests will depend, in part, upon whether your ex files in TX or OK.

In OK, a joint owner has a right to seek contribution for...
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