Tennessee Bankruptcy Questions & Answers

Q: over ten years ago I filed my friend and her daughter on my taxes.She was on disability and her daughter was 13.

3 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Answered on Jan 24, 2019
John Martin Hilla's answer
You need to speak privately with a bankruptcy attorney in your area. The discharge of tax debt in bankruptcy is highly complicated and very fact-specific. Yes, it is possible to discharge them, but there are many, many exceptions and the answer for you could differ from tax-year to tax-year. It is also possible to repay non-dischargeable tax debt off in a Chapter 13 bankruptcy.

But contact a lawyer in your area to schedule a full conversation on the subject. You will not get an answer...

Q: Had a car accident but not at fault the person who own the car is on bankruptcy do they get a check or do the attorney

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Jan 11, 2019
Timothy Denison's answer
The check will go to the lender to pay off the lien first. Any proceeds thereafter will be delivered to the trustee although she may receive them pursuant to one of her e emotions. She should consult her bankruptcy attorney about getting the remaining funds as well as securing s car.

Q: If a car got repossessed and someone plans to get bankruptcy but the towing company says they wont let me have my stuff

2 Answers | Asked in Bankruptcy for Tennessee on
Answered on Jan 11, 2019
John Martin Hilla's answer
You haven't mentioned who exactly is planning to file for bankruptcy, among other things. If yourself, schedule an appointment with a bankruptcy attorney in your local area to discuss your options and the extent to which a creditor who has repossessed your vehicle and its agents may or may not retain your personal property before or after the filing of a bankruptcy petition.

Q: Will they try to reestablish garnishment doNovo trial review said I do not have to be present if I keep paying as agree

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Jan 7, 2019
Timothy Denison's answer
You probably should have a lawyer review your situation but they can only take 25% of your wages. If your agreement is withholding as long as you pay as agreed, you should be fine.

Q: I filed Bankruptcy in 2009. I just got a bill from Tenncare for $40,000. Is it a way that I CAN SET UP A PAYMENT PLAN ?

1 Answer | Asked in Bankruptcy and Civil Litigation for Tennessee on
Answered on Nov 19, 2018
Timothy Denison's answer
Was that Tenn Care bill covered in the 2009 bankruptcy?

Q: If bankruptcy is filed for one business, are other businesses owned by the filer affected?

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Nov 16, 2018
Timothy Denison's answer
They can be, yes, depending on how they are set up. Consult a local bankruptcy attorney to determine your best option.

Q: What happens to property surrendered in bankruptcy but nothing was done with property. Bankruptcy was filed 8 year ago

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Nov 5, 2018
Timothy Denison's answer
It likely reverts to the original since it is in his name.

Q: Will I get a refund for my balance on hand if my chapter 13 is dismissed before confirmation?

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Nov 1, 2018
Timothy Denison's answer
If there is any balance to distribute after fees and costs are paid.

Q: What does does this mean: "Motion to modify plan post - confirmation to advance mortgage payments"? Thanks

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Oct 23, 2018
Timothy Denison's answer
Sounds like they want to change the confirmation order to make advance mortgage payments due early.

Q: I need to know details of filing for bankruptcy against credit card companies

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Oct 20, 2018
Timothy Denison's answer
No. Most all credit card debt is unsecured and what you bought is immaterial. Unless you’ve used them recently, likely most all of the debt would be discharged in chapter 7.

Q: I need to get details on bankrupting student loans, company sueing me and car plus more

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Oct 9, 2018
Timothy Denison's answer
Student loans are not dischargeable. The car and the cash express are dischargeable. First thing to do is find a competent bankruptcy attorney in your area who can help you organize your case.

Q: The lien on my property after chapter 7 was not avoided by a credit card company. The card was unsecured and the

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Sep 21, 2018
Timothy Denison's answer
A motion to avoid lien should have been filed on the credit card. You can reopen and file such a motion. Contact an experienced bankruptcy attorney to do this for you.

Q: Why do a lien from the IRS on property gets avoided and a lien from a credit card company does not in chapter 7 ?

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Sep 21, 2018
Timothy Denison's answer
More information is needed to properly answer your question but it is likely the nature of the lien and/or what it secures.

Q: something listed on report says item is listed as one can not pay does that mean I don't have to pay them anything

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Sep 16, 2018
Timothy Denison's answer
More information is necessary to properly answer your question. Consult with a competent bankruptcy attorney who can review the document directly and discuss with you.

Q: I am filing bankruptcy and can't find all collection agencies what do I do I am in Tennessee..i checked credit reports

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Sep 5, 2018
Timothy Denison's answer
Include the original creditor and the last known address for the ones you don’t have current addresses for.

Q: I would like to know if I'm able to and what it would cost to file Ch. 7 bankruptcy in TN.

2 Answers | Asked in Bankruptcy for Tennessee on
Answered on Aug 24, 2018
Cristina M. Lipan's answer
You should be able to file a chapter 7 if your chapter 13 was dismissed. Chapter 7 is a complete discharge of your debts and a liquidation of assets - note that a lot of assets are protected, but only a local bankruptcy attorney can do a complete analysis and give you an accurate answer.

You will need to pay the entire fee upfront for a chapter 7 (or at least prior to filing). You may be able to find attorneys willing to give you a payment plan, but everything must be paid in full...

Q: My wife is the sole owner of our residence and the only name on the deed. We have NO shared expenses or loans.

2 Answers | Asked in Bankruptcy for Tennessee on
Answered on Aug 21, 2018
Cristina M. Lipan's answer
She would not have to file with you, but her income is considered in determining whether you're eligible for chapter 7.

Q: Can chapter 7 bankruptcy be filed after the foreclosure process is underway?

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Aug 18, 2018
Timothy Denison's answer
Yes. It can be filed at any time.

Q: Is it possible to file for bankruptcy without telling my spouse?

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Aug 17, 2018
Timothy Denison's answer
Highly unlikely since she is probably a joint debtor on some of the debt and entitled to notice.

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