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Tennessee Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Tennessee on
Q: If the UCC is the law of the land in America, then how does it pertain to me, because I am not living in commerce?

If the UCC was written and owned by the Vatican (International Institute for the unification of private law) how is that legal in America?

According to P.L. 88-243 The UCC is law of the land of Washington DC. It's a well known fact that Washington DC is not apart of America and has... View More

James L. Arrasmith
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answered on Dec 26, 2023

The Uniform Commercial Code (UCC) is a set of laws that provide legal rules and regulations governing commercial or business dealings and transactions in the United States. It is important to understand that the UCC is not "the law of the land" in the sense of being the overarching law... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: So if it states that attorney's can only represent, an entity, vessel, a ward, corporation, minor, or a pooper, How do

Yall get away with representing a man or woman illegally, since there allegedly is no artificial entity created at birth? Even tho the Cestui Que Vie Act of 1666 clearly defines how the birth certificate is a bond that creates a trust. How do you explain that before 1975 when you are born you were... View More

James L. Arrasmith
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answered on Dec 25, 2023

The questions you're raising involve complex legal interpretations and theories that are not widely accepted in mainstream legal practice. The Cestui Que Vie Act of 1666, an old English statute, is often misinterpreted in modern contexts. This act was primarily concerned with determining the... View More

1 Answer | Asked in Bankruptcy, Contracts, Constitutional Law and Identity Theft for Tennessee on
Q: So I have asked on a few occasions if the birth certificate created a legal person or an entity or corporation? Of

Course I was told no? But looking over some court cases, why are people called ens legis? Then how did those corporations and or entities originate?

Why is the court system run off of creditor vs debtor?

Is the legal system operating in bankruptcy?

Our ignorance for the... View More

James L. Arrasmith
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answered on Dec 20, 2023

A birth certificate does not create a legal person, entity, or corporation. It is simply a government-issued record of an individual's birth, primarily used for identity verification and legal recognition of personhood.

The term "ens legis" refers to a legal entity created by...
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2 Answers | Asked in Bankruptcy for Tennessee on
Q: Black law dictionary edition 2 state that in the United States Bankrupt Act of 1898 it is provided that the word persons

, shall include corporations, except where other wise specified. Does the birth certificate create an artificial person? And because of a natural person being turned into an artificial person, can the birth certificate be turned in by special appearance to satisfy the case? Because the legal... View More

James L. Arrasmith
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answered on Nov 27, 2023

The concept you're referring to involves a misunderstanding of legal terminology and principles. In legal terms, a "person" can indeed refer to both natural persons (human beings) and artificial persons (such as corporations), as recognized in various legal contexts, including the... View More

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3 Answers | Asked in Bankruptcy for Tennessee on
Q: I filed chapter 13 bankruptcy and I included my auto loan in the plan but capital one still haven’t filed a proof of

Claim and it has reached the deadline can they still file a late claim to continue to make payments threw my bankruptcy or what will happen

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 30, 2023

A debtor has the option of filing a Proof of Claim for a debtor, and it sounds as if you should do that, so that plan payments flow to the secured creditor. The Chapter 13 Trustees pay on filed Proofs of Claim.

Of course, you should confer with your bankruptcy attorney first before taking...
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3 Answers | Asked in Bankruptcy for Tennessee on
Q: I filed chapter 13 bankruptcy and I included my auto loan in the plan but capital one still haven’t filed a proof of

Claim and it has reached the deadline can they still file a late claim to continue to make payments threw my bankruptcy or what will happen

James L. Arrasmith
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answered on Nov 4, 2023

If Capital One has not filed a proof of claim for your auto loan by the deadline in your Chapter 13 bankruptcy, they may potentially lose their right to participate in the distribution from the bankruptcy estate. However, there are circumstances under which a creditor can file a late claim and... View More

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can a debt be validated after wages have been garnished?

I was making payments on an old account with the courts but missed several payments. Now my wages have been garnished but the amount owed has tripled due to prejudgment interest. Is that legal?

Anthony M. Avery
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answered on May 18, 2023

You can ask the Court Clerk to explain the Judgment amount to you. But it will legally grow exponentially with time. Read whatever contract you had with Creditor, and if none, read the Judgment. BR is a possible option, and be careful with your assets. A Notice of Exempt Property might be... View More

2 Answers | Asked in Bankruptcy for Tennessee on
Q: I’m in the state of Tennessee and I live in a small town am I able to file bankruptcy in a different county.
W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Apr 5, 2023

Counties are state-created political subdivisions, and have little bearing upon federal (bankruptcy) venue and jurisdiction.

The Feds divide the country, and each state, into "US Districts".

You can file for bankruptcy relief in your District. You can google the District...
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: As a creditor at a 341 meeting, can I only ask questions about the debtor's assets or can I ask questions to show fraud

We went to small claims court. He did not show up the final hearing and we won our judgement for the full amount. He started bankruptcy chapter 7 2 days later.

In this case, we had paid for and had materials listed in the invoice that were not used and instead use other materials for a... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 27, 2023

You ask a lot of questions.

A 341 meeting in a chapter 7 case, over which the trustee presides, in a consumer case, normally lasts about 12 minutes.

When a corporation operating a business decides to "give up", it files a Ch. 7 because it is not eligible to file for Ch. 13...
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2 Answers | Asked in Bankruptcy for Tennessee on
Q: Looking to submit any objection to discharge or challenge whether a debt is discharged in bankruptcy case based on fraud

Hi, we won a small claims court case against a contractor based on the fact that he told us we were receiving a certain material which he did not provide and the fence he built began to fall apart within 6 months. 2 days after the judgement, he started chapter 7 bankruptcy - we are listed as... View More

James L. Arrasmith
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answered on Feb 23, 2023

If you believe that the debt owed to you by the contractor should not be discharged in their Chapter 7 bankruptcy due to fraud, you may be able to file an objection with the bankruptcy court. Here's a general outline of the process:

Obtain proof of the fraud: You mentioned that you...
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2 Answers | Asked in Bankruptcy for Tennessee on
Q: Looking to submit any objection to discharge or challenge whether a debt is discharged in bankruptcy case based on fraud

Hi, we won a small claims court case against a contractor based on the fact that he told us we were receiving a certain material which he did not provide and the fence he built began to fall apart within 6 months. 2 days after the judgement, he started chapter 7 bankruptcy - we are listed as... View More

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Feb 22, 2023

If the bankruptcy was filed by a corporation, i.e., the business, it is not eligible for a bankruptcy discharge.

If the debtor in bankruptcy is the individual, in order to except your claim from discharge for "fraud", you must file an adversary complaint in the bankruptcy court to...
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3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I'm in Tennessee. My friend had her vehicle confiscated. She owns it free and clear but she had a judgement entered 2018

The judgement was from a landlord because she broke a lease and the judgement was for 9K. This was five years ago. She just got a car so she can drive her child to where they need to go and it was taken. The car is only worth about 2K. That said, if she gets another car, can that take that one as... View More

Anthony M. Avery
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answered on Sep 22, 2023

Friend needs a competent TN attorney to file a Notice of Exempt Property with the Court and creditor.

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2 Answers | Asked in Bankruptcy, Foreclosure, Agricultural Law and Civil Rights for Tennessee on
Q: How can I find a lawyer pro bono ?

I have identity theft that has effected every thing about me and financially

White collar crime in my name that seems to have followed me from The State of Florida

Timothy Denison
Timothy Denison
answered on Sep 7, 2023

Contact your local Bar association or legal aid society. They maintain lists of pro Bono lawyers.

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1 Answer | Asked in Bankruptcy and Family Law for Tennessee on
Q: my grandfather is running a chit fund in my locality unofficially. If he doesn't pay, will I or my parent be in trouble?

My mother's parents are living in next street and they are running a small unofficial chit fund group in the locality. Everyone in this unofficial chit fund group knows that my parents and me and my brother are his family. He is very old and he is still running this chit fund thing and I have... View More

Timothy Denison
Timothy Denison
answered on Aug 18, 2023

No. Neither you nor your parents should be in trouble.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: How do you file a notice of conversion from Chapter 13 to chapter 7 in the state of Tn?
Timothy Denison
Timothy Denison
answered on Jul 26, 2023

Electronically through CM/ECF.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Tennessee on
Q: Is there any way to work out with the lender the payment if I’m surrendering the vehicle ?

I volunteered to have it repossessed and I was told I would be left with the outstanding balance to pay when the vehicle is being repossessed

Anthony M. Avery
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answered on Mar 24, 2023

You might want an attorney to work out a compromise, so that no note deficiency is outstanding. The threat of Chapter 7 Bankruptcy might give you leverage. Also you might record and serve a Notice of Exempt Property.

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1 Answer | Asked in Bankruptcy, Real Estate Law and Land Use & Zoning for Tennessee on
Q: We have deed restriction that prohibits any development on our golf course. Can a judge cancel it?

The golf course is in bankruptcy and they told us the bankruptcy judge can reverse the restriction. Can a judge do that. Also the golf club owners are threatening suits if we POA do not lift the restriction. If the restrictions are lifted we fear they will build condos and who knows what else!

Timothy Denison
Timothy Denison
answered on Mar 1, 2023

Very doubtful that the bankruptcy judge will get involved in changing the restriction.

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.
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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,... View 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... View More

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