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Tennessee Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Tennessee on
Q: Will I ever be able to get a loan again if I file for bankruptcy?
Michael Francis Barrett
Michael Francis Barrett
answered on Sep 6, 2017

Whether you can get a loan will depend on the type of loan you are looking for, and the efforts you make post-bankruptcy to rebuild your credit. Many bankruptcy filers are able to obtain credit cards, car (and even home) loans after filing, but it really depends on your individual situation as to... View More

1 Answer | Asked in Bankruptcy and Consumer Law for Tennessee on
Q: i have enrolled in national debt relief almost 4 months ago did i make a mistake

i have been turned over to collections allready and havent noticed that national debt relief was doing anything. these are all unsecured debts

David Earl Phillips
David Earl Phillips
answered on Aug 9, 2017

Sometimes programs like that help. Might be best to see a lawyer to review your situation and see what your best option is.

Most attorneys offer a free consultation so it would not hurt to get an opinion as to whether if the debt consolidation is the way to go. Hope it works out. Good luck!

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Under what conditions should a husband and wife both file under Chapter 7?
David Earl Phillips
David Earl Phillips
answered on Aug 8, 2017

Generally, if you have a large amount of joint debt or individual debt it will be to your advantage to file together. Saves cost and fees to file together also. Have a lawyer look at your situation and see if bankruptcy will be a good option. Hope it works out. Good luck!

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I live in Tennessee and I own a home. Do I qualify to file a chapter 7? I am self employed.
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jul 8, 2017

Sorry, not enough information to answer the questions, such as equity in house, income, spouse if any income, # of people in household. Without those basic items, can not make a decision

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I own a home and im married I want to file bankruptcy on my own as a divorce is pending

I have a wage garnishment I tried to get help with. Without success. I received the run around. They collected for 6 monthes already and now they are after my pay again. The interest is more then the debt.

David Earl Phillips
David Earl Phillips
answered on Jun 7, 2017

You can file on your own without your husband if you qualify to file. You will have to see a bankruptcy lawyer in your area and go over your situation to see if bankruptcy is a good option. Equity in the home, other assets, your income and monthly expenses and the debts you have will all be part of... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: fell,hit head,have Vertigo now,neck muscle pain.Being treated.Bought items to make me comfortable.Want 2 file chapter 7.

Havent filed yet. Can i go ahead and file even though i charged $200? On ss disability, below median in TN. Have 2002 car pd off & worth about $5,800-$6000. No other assets. The purchase was last week. Part of the purchase was paid with $55 rewards program money I accrued. Will this store... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Jun 3, 2017

You should be able to file. Recommend speaking with an attorney in your jurisdiction to be safe. Many counsel offer free consultations. Good luck.

1 Answer | Asked in Bankruptcy and Divorce for Tennessee on
Q: My husband filed for divorce We own a house. I am going out of town. Can he get a divorce without my signature?

He filed March 23 after 30 years of marriage. Kids are grown. I can't afford an attorney and we don't want to fight. I don't want the divorce but we are just good friends. He says he wants the house and the only way I know I can get out paying for it is to file for bankruptcy. I have... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on May 9, 2017

If you were "served" with the divorce papers, you are under a court rule deadline to file ( with the court clerk) a written response to the divorce ( 30 days). Being "served" can occur a number of ways: (1) a sheriffs deputy or process server delivered the papers to you ( 2) you... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: i am filing chapter 13 i want to know i am in college and they putting my pass student loans under there i get a school

refund every quarter will i still be able to get it

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Apr 26, 2017

Yes, you should be able to get the funds

1 Answer | Asked in Bankruptcy, Divorce, Personal Injury and Car Accidents for Tennessee on
Q: my friend took someones car, totaled it, got arrested on a warrant, 6mo ago, he's still in jail, can he sue the owners

insurance for personal injuries ? he swerved to miss another car that came in his lane, they never stopped, no police report of wreak but owner did theft report, he didn't get charged for it though, he went off road hit a tree, hes still suffering with headaches & his arm, hes not had... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 14, 2017

If he had permission, and if the owner had insurance, then that would cover a potential claim. If your firend had his own auto policy, or lived with a relative that did he could look to that policy if it had uninsured motorist coverage. He should talk to a member of the tennessee Trial Lawyers... View More

1 Answer | Asked in Real Estate Law, Bankruptcy and Personal Injury for Tennessee on
Q: Tennessee a non community property state, can my home be taken if someone receives a huge judgement against me?

The home is TITLED in only my wife's name but I'm on the mortgage. The home has little to no equity whatsoever. The case involves multiple parties.......

Ben F Meek III
Ben F Meek III
answered on Mar 28, 2017

No, probably not, under your stated scenario, for three reasons: 1) you don't own the house; 2) in most states, homestead exemptions bar creditors from seizing a marital residence lived in by husband and wife (the "homestead") (unless it's a creditor granted a consensual lien on... View More

1 Answer | Asked in Foreclosure, Bankruptcy, Divorce and Real Estate Law for Tennessee on
Q: What can my brother in law do in regards to a foreclosure being put on his credit that he shouldn't be liable for?

My brother in law got a divorce back in December of 2013. Part of the divorce agreement was that his ex was to take his name from the note and have her's solely on there and also that he would pay her a monthly amount of 500.00 for the first six months after the divorce to go towards the... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Mar 7, 2017

Not much, really , but everyone has the right to respond to any information on his/her credit report. In other words, he has the right to tell "his side of the story" and have that response on the credit report also. This way, when a lender reads the credit report, at least they will be... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If you are currently unemployed, are you still eligible to file bankruptcy.
Brian Lehman
Brian Lehman
answered on Feb 2, 2017

Yes. Some courts will also set up a payment plan for bankruptcy. If you would like a referral, feel free to email me.

1 Answer | Asked in Bankruptcy and Consumer Law for Tennessee on
Q: I bought a car several years ago it was repossessed in 2012 now they are sueing me what can I do

I took a nasty fall messed up my knee was off work tried to go back to work couldn't they came got car wasn't told what car sold for just what I still owed now they are taking me to court for the balance I'm not sure the balance is even right I hate to file bankruptcy but I... View More

Bennett James Wills
Bennett James Wills
answered on Oct 20, 2016

You could get an attorney to defend the claims against you. There are certain notice requirements for repossessions and you may have other options to defend the case. If you end up with a judgment, you could potentially be garnished (although it sounds like you have no garnishable income).... View More

1 Answer | Asked in Bankruptcy and Car Accidents for Tennessee on
Q: I was in a car accident. The police gave me a ticket and said it was my fault. I am under chapter 13. Can her ins sue me
Adam Studnicki
Adam Studnicki
answered on Feb 4, 2016

Turn it over to your insurance company to handle.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is only general information. It is NOT legal advice, and it may not work for your specific situation. It is impossible to evaluate a legal...
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: What are the rules for bankruptcy as to what you owe?

I live in TN

Kevin W. Chern
Kevin W. Chern
answered on Jul 20, 2015

This is a pretty open-ended question. There are two types of bankruptcy typically used by individuals/couples: Chapter 7 and Chapter 13.

In Chapter 7 bankruptcy, there is no limit on the amount of debt involved, though there is a calculation, called the means test, that is applied to...
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Do you have to have a lawyer to file a stay
Kevin W. Chern
Kevin W. Chern
answered on Jul 16, 2015

Your question suggests that you would benefit from consulting an attorney.

In most cases, when a bankruptcy case is filed, a stay takes effect automatically--there is no need to specifically file for a stay. While it is perfectly legal to file for bankruptcy without an attorney, this can be...
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: When you file CH. 7 bankruptcy, does your previous landlord that's included in your filing, stay on your public record?

My previous landlord is listed under my public record as well as my filing of bankruptcy. I thought this would erase the debt that's owed.

David B. Levin
David B. Levin
answered on Jul 13, 2015

Debts that are discharged in bankruptcy may still be listed on your credit report, but must show a zero balance and be designated as "discharged," "included in bankruptcy" or something similar. Any other status may constitute a violation of the Fair Credit Reporting Act, which... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Do I need a bankruptcy layer?
Kevin W. Chern
Kevin W. Chern
answered on Jul 12, 2015

You're not required to have an attorney to file bankruptcy, but if you are not familiar with the intricacies of the bankruptcy process, the applicable exemptions, what property may be at risk, the different types of bankruptcy available, etc. then you may find that it costs you more to attempt... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I had to quit working to take care of my 91 year old mom, we both draw social security, would I have to figure hers in

Chapter 7 bankruptcy.

Robert Gambrell
Robert Gambrell
answered on Jul 10, 2015

If you are combining your income and paying the expenses of the household that way, then you should be shown as a family unit with 2 members and include all income and all ex.penses on schedule I & J. However, SS income is not included on the Means Test (Form 22).

1 Answer | Asked in Bankruptcy for Tennessee on
Q: How can I obtain a form or letter to reaffirm my mortgage loan since it was not done prior to filing for Bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: A Reaffirmation Agreement is done as part of a Bankruptcy, not prior to it. If you want get a copy of something from the case, 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... View More

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