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Tennessee Bankruptcy Questions & Answers
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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2 Answers | Asked in Bankruptcy, Business Law and Tax Law for Tennessee on
Q: Should I file my business taxes as a Partnership or as a Corporation, if i plan to file bankruptcy?

The business is listed as a 2-member LLC. I do not want the other member to be negatively affected by my bankruptcy.

Brian Aho
Brian Aho answered on Mar 26, 2020

The issue that affects your business partner is whether the bankruptcy trustee will want your interest in the business. That depends on the value of the business versus any exemption that might apply. You need to file your taxes based on what you elected at the time of formation or prior to... Read more »

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: If you are in chapter 13 bankruptcy, Can you keep the 2020 coronoavirus stimulus check?
Timothy Denison
Timothy Denison answered on Mar 19, 2020

You should, yes.

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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1 Answer | Asked in Bankruptcy and Landlord - Tenant for Tennessee on
Q: My husband and I are currently in a joint chapter 7 bankruptcy and we were a little behind on our rent, but it has been

paid even before she filed. Can she still go forward with eviction for possession? She is aware of our status and did not attend the creditors meeting. It was rent for the current month, paid albeit late, but also in the current month.

Timothy Denison
Timothy Denison answered on Mar 5, 2020

She cannot go forward with the eviction without the court terminating the stay.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: Totaled car in bankruptcy chapter 13

Car was totaled at no fault of mine I did not owe anything on car when I started bankruptcy chapter 13 can I keep insurance check and buy a used car without financing? Do I have to go through trustee?

Anthony M. Avery
Anthony M. Avery answered on Mar 4, 2020

That Check will be initially property of the Estate. You must file a Motion to keep the proceeds. But hopefully you already properly exempted the vehicle. If you have a 100% Plan, you might be able to keep it. But any smaller % Plan will probably require its use as being available for payment... Read more »

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: If I put my past due rent on my case but now the property had been sold if the trustee dismiss my cse can the new owner

Can the new owner still evicted me. I’m current on my rent. But I still owe the old owner

Timothy Denison
Timothy Denison answered on Mar 1, 2020

No. The old owner will be barred by the bankruptcy and the new owner can not evict you if you’re current.

3 Answers | Asked in Bankruptcy for Tennessee on
Q: Can the court take all of your income tax after it was filed that I get to keep 1500.00?

Chapter 13

Anthony M. Avery
Anthony M. Avery answered on Feb 19, 2020

If you did not properly exempt the Tax Refund, or some of it, then yes. You have to file the Petition properly.

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: I was awarded a civil judgement for a case in Chancery Court in TN. I waited 45 days, the debtor didn't pay. I filed a

garnishment to attempt to collect the debt. After the garnishment was served to his employer, the debtor claims he is currently in bankruptcy since 2018 and is protected by a "stay". What avenue to I have to try to collect this debt? He has not paid anything on the judgement and it has now been... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

If the debtor has an active bankruptcy case then the whole case should have been stayed when he filed bankruptcy. You should look online at the bankruptcy court dockets to determine his bankruptcy status. If he does not have an active case, or was not granted a discharge, then you can garnish bank... Read more »

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Iam a pro se chapter 7 filer. i was sick on 12/30, as a result the trustee agreed to continue the case to 1/22.20.

He told me there are some bankruptcy code requirements i may need

Timothy Denison
Timothy Denison answered on Jan 5, 2020

What is your question.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: I filed chapter 13 because I was told I had too many assets now they want to dismiss my case because I am in arrears

12000$ if they dismiss can I file for chapter 7 bankruptcy now

Justin M. Gillman
Justin M. Gillman answered on Jan 3, 2020

If you filed Chapter 13 to avoid a liquidation of your assets in Chapter 7, filing a chapter 7 case now because you were not successful in your Chapter 13 case WILL NOT stop the Chapter 7 trustee from liquidating assets. When filing a Chapter 13 case due to liquidation issues, you must be aware... Read more »

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: If an affirmation order was not made before the discharge of my Chapter7 bankruptcy, can a creditor refuse me a loan?

I used some personal property as collateral but, no longer had said property and was not ask about it by my attorney or during my bankruptcy hearing. My case was discharged 10/2014. Around August or September 2017 I applied for a small loan and was denied and told by the person I spoke with on the... Read more »

Timothy Denison
Timothy Denison answered on Nov 27, 2019

They cannot collect the loan from you but they are under no obligation to loan you money again in the future.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: What will happen if a friend of mine is filing bankruptcy and doesnt intend to keep the vehicle I co-signed on?
Timothy Denison
Timothy Denison answered on Nov 23, 2019

You will have to pay for it or they will seek to recover from you.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If you pay off your Chapter 13 Bankruptcy case early like a year or more in the state of Tennessee

Are you eligible for a Discharge

Timothy Denison
Timothy Denison answered on Nov 11, 2019

Yes.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If myself, my daughter and my son have a judgement against us for damages to a rental apartment, can we each file

bankruptcy and get the debt dismissed?

Timothy Denison
Timothy Denison answered on Nov 8, 2019

Yes.

1 Answer | Asked in Bankruptcy, Foreclosure, Civil Rights and Landlord - Tenant for Tennessee on
Q: I sign for 11 months and within two month of living here they said they send a letter saying if we don’t fix the problem

Noise complaint than we get evection for it. They said we have 14 day to fix it but they want us to leave because of noise complaint and i pay them rent on time would that go on my record and stay on there for 7 years for noise complaint

Timothy Denison
Timothy Denison answered on Oct 16, 2019

No. Not as long as the rent is paid.

1 Answer | Asked in Bankruptcy, Criminal Law, Appeals / Appellate Law and Child Custody for Tennessee on
Q: Hi I go to court in Bristol tennessee and I've got a few charges I would just like some clarification on please.

1.39-17-425 POSS UNLAW DRUG PARAPHERNALIA USES & ACTIVITIES. 2. 39-17-434 (b) METH - POSSESS OR CASUAL EXCHANGE. 3. 40-39-208 SEXUAL OFFENDER REGISTRATION FORM VIOLATION. I do have a little bit of a past but I was doing real well and that 3rd charge I did not know I even had until now. Can you... Read more »

Timothy Denison
Timothy Denison answered on Sep 15, 2019

It would be impossible to say without having the complaint or charging documents available to read.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: I have a civil summons of 3,000 .Court is in 2 days. I do not have a lawyer. What can I do or expect

I thought my case was October 30th, but yesterday I realized it is August 30th. I do not have time to meet with an attorney, I do not have the items that Im being sued to pay. The debt is 4-5 years old and my summons was served in June of this year. What can I expect if I do not have an attorney.... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

First, you should appear. Otherwise, the judge will most likely enter a default judgment. You will also have an opportunity to discuss the alleged debt with the plaintiff's attorney and maybe reach a resolution. You may also request a continuance. Cases are often continued to afford someone like... Read more »

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: My daughter had an at fault car accident without insurance. The other person's insurance company is coming after her

They are seeking close to 10K - she's a waitress making less than regular min wage. Can she claim that debt under bankruptcy in TN?

Timothy Denison
Timothy Denison answered on Aug 22, 2019

Yes, do long as it was not a DUI or alcohol related accident.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: Can judgements paid in full recently be included in Ch. 7? How long after selling house can file Ch. 7?

Live in TN. Already paid lawyers fees, taken 1st class, and filled out all paperwork but closing on sale of house with ex husband in 2 days so couldn't file ch.7 with court last week when I met with lawyer.

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2019

You cannot be filing Bankruptcy while you are selling real property. The Trustee will intervene and remove you from the equation quickly, and you will receive little or no money. And if judgments are paid, then they are no longer a debt, obviously not eligible for Bankruptcy. You need to hire... Read more »

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