Lawyers, Answer Questions  & Get Points Log In
Tennessee Bankruptcy Questions & Answers
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
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.

View More Answers

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
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.

View More Answers

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.
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.

View More Answers

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.
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...
Read more »

View More Answers

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.
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...
Read more »

View More Answers

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.
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...
Read more »

View More Answers

1 Answer | Asked in Bankruptcy and Personal Injury for Tennessee on
Q: I have strong cas inopiate lawsuot on prude bankruptcy I’ve been told victim s will get the most my two sons

Wil we get enough to buy a house with evidence from 11 yethat opiates prescribed to me foe no reason and prescribed while I was pregnant

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

Your question is not clear. Please consider consulting with an qualified attorney in person to answer your questions.

2 Answers | Asked in Bankruptcy, Contracts and Foreclosure for Tennessee on
Q: I live in Tennessee, can my landlord show the house to buyers during the covid pandemic and while I’m currentlypregnant

My landlord told us before we signed the lease that we wouldn’t have to deal with strangers coming into our home for any reason but because she’s dealing with facing foreclosure on a different house that she hasn’t been able to get anyone to buy,she’s been trying to get someone to buy the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2021

Unless it is in your Lease there is no such prohibition. You may wish to find a leasehold elsewhere. A Buyer will take subject to your Lease, I would expect to not stay there much longer. A potential personal injury suit is not going to happen because it would be impossible to prove. causation.

View More Answers

1 Answer | Asked in Bankruptcy for Tennessee on
Q: How much does it cost to file bankruptcy? In Tennessee you have to pay back what ever you owe?
Michael Hollins Sr.
Michael Hollins Sr. answered on Dec 12, 2020

There are multiple fees when filing bankruptcy. The first is the bankrutpcy court's filing fee. This fee is the same for everyone. Currenlty, a chapter 7 filing fee is $338. The remaining fees are subject to change based on your specific case and the attorney you choose. These fees... Read more »

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Bankruptsy case closed vs discharge

Can a bankruptsy case that has been closed, be reopened to include debts and assets intentionally left off by attorney and debtor??

Thanks, this is a very helpful law forum.

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Dec 7, 2020

"Debts and assets intentionally left off".

If it's a Chapter 7 case, and the discharge has been granted, adding the omitted creditors may not expand the coverage of the Discharge to the newly added debts.

The bankruptcy Schedules are signed by a debtor under penalty...
Read more »

2 Answers | Asked in Appeals / Appellate Law and Bankruptcy for Tennessee on
Q: 2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court. Bankruptsy

2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court for appeal, Defendant filed Bankruptcy July 2020, Discharged Aug 2020. Funds still on deposit and no date set for the appeal. Plaintiff not notified as debtor. Is award for plaintiff set aside... Read more »

David Luther Woodward
David Luther Woodward answered on Nov 23, 2020

The first thing you need is a lawyer; however, you should probably either pursue the appeal or file a motion for remission of the funds to you. i am not a TN lawyer, so go find one!

Good Luck.

d

View More Answers

3 Answers | Asked in Bankruptcy for Tennessee on
Q: Can a finance company come and get collateral if I'm fixing to file Chapter 7 do I have to let them in the door

I can file in 2 weeks but this finance company wants to come view the collateral of which I no longer have some of the items. Please help

W. J. Winterstein Jr.
W. J. Winterstein Jr. answered on Oct 14, 2020

Under the Uniform Commercial Code, adopted in most states, a secured creditor has the right to enter the premises and inspect its collateral, and in addition, to render it inoperable, where applicable. But a creditor may only do so without a "breach of the peace", e.g., they can't... Read more »

View More Answers

3 Answers | Asked in Bankruptcy for Tennessee on
Q: I need to file for bankruptcy and I can't afford a lawyer can I get help for free ?

I have credit card debt and I live on social security and I've gotten in over my head. Please give me some help.

Lloyd M. Nolan
Lloyd M. Nolan answered on Oct 8, 2020

That seems very straightforward. I am going to assume that you have exhausted your nonbankruptcy remedies. There are some very good non-profit agencies like crown financial ministries, or consumer credit counseling service, that can help you negotiate and adjust debts with your creditors outside... Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Tennessee on
Q: I just received a garnishment letter from the state of Alabama that will happen in 10 days which now is 8 days

It's taxes 2015 and a total is $1080 something

David Luther Woodward
David Luther Woodward answered on Jul 31, 2020

The garnishment will occur unless you seek bankruptcy counsel and file before the return date on the writ. Your lawyer that you hire for Bankruptcy knows how to halt this--otherwise, the garnishee fund, whether a bank or your employer, will have to respond.

Good Luck

d

View More Answers

2 Answers | Asked in Bankruptcy for Tennessee on
Q: How much does it cost to clean up my credit?
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 28, 2020

It depends on how bad your credit is. You need to be at least above 640. More is better. Since you are dealing with things that are not easily removeable, I would use a lawfirm like Lexington Law, because they can handle things that need to be removed due to violations of the Fair Credit... Read more »

View More 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.

View More Answers

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

View More Answers

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 »

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.