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Tennessee Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy and Collections for Tennessee on
Q: Would a judgement proof letter help or hurt us Creditors are calling we haven’t paid in a year or so

We both draw ssdi And have some medical debt and just can’t make these payments can’t file bankruptcy til 2023

Michael Hollins Sr.
Michael Hollins Sr. answered on Jul 3, 2020

If you are indeed judgment proof, I believe that should be enough to dissuade debt collectors from harassing you, but if not, get a lawyer and allow them to take the steps necessary to stop the creditors from harrasing you.

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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?

David Luther Woodward
David Luther Woodward answered on Jun 29, 2020

Depending on your actual financial and cash flow position, a Chapter 7 might be what you are interested. If the RV is your only debt bankruptcy seems a bit extreme; however, it is what the number say.

Good Luck

d

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: With the extra $600 weekly for unemployment, is this exempt from ch 13 payments?
Timothy Denison
Timothy Denison answered on May 18, 2020

No. Unemployment is considered income.

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...
Read more »

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: What happens if in ch.13 and they find out you withdrew 401k when you quit your job while in ch. 13 and didnt report it?
David Luther Woodward
David Luther Woodward answered on Apr 20, 2020

Why don't you ask your lawyer who is representing you in the 13.

You do not provide enough data to answer this intelligently; moreover, this is not a substitute for personal counsel.

Good Luck

d

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4 Answers | Asked in Bankruptcy for Tennessee on
Q: Can I get a secured credit card while in chapter 13 bankruptcy to help build my credit back up?
Stuart Nachbar
Stuart Nachbar answered on Apr 19, 2020

While in a chapter 13, any attempt to obtain credit requires authorization of the Chapter 13 Trustee in your Court under 11 USC 363.

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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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2 Answers | Asked in Bankruptcy for Tennessee on
Q: A few years ago i became part of a class action lawsuit due to asbestos exposure. I filed a 13 in September.

When I filed I had forgotten to tell the attorney I receive small checks at different times, but so few over time. Will the trustee take these checks in the future? The attorney said she would have to file an ammendment, The asbestos lawyer will not release any funds until she says ok. I cant ever... Read more »

Timothy Denison
Timothy Denison answered on Apr 13, 2020

You need to amend your petition and include them, then use any remaining exemptions to protect your payments.

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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

Timothy Denison
Timothy Denison answered on Apr 3, 2020

Yes. If it is current you should not have a problem.

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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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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.

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