Lawyers, Answer Questions  & Get Points Log In
Tennessee Bankruptcy Questions & Answers
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
PREMIUM
Anthony M. Avery
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... Read 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.
PREMIUM
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...
Read more »

View More Answers

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... Read more »

W. J. Winterstein Jr.
PREMIUM
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...
Read more »

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... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
Read more »

View More Answers

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... Read more »

W. J. Winterstein Jr.
PREMIUM
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...
Read more »

View More Answers

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,... Read 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... Read more »

5 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: Can I file bankruptcy for all my credit cards 2 loans medical bills and back taxes
Kerry S. Alleyne Simmons
Kerry S. Alleyne Simmons
answered on May 16, 2022

Yes. While filing bankruptcy should be a last resort, it is one of the most effective ways to deal with credit card, medical debt and other types of debt. There are different types of bankruptcy and eligibility requirements for each.

View More Answers

5 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: Can I file bankruptcy for all my credit cards 2 loans medical bills and back taxes
Lynn Ellen Coleman
Lynn Ellen Coleman
answered on May 16, 2022

You can always include taxes in a bankruptcy. The question is, will all or part of the tax debt be dischargeable? That depends upon whether or not you filed tax returns for those years and when the taxes were assessed. You should contact an expreienced bankruptcy attorney for a personal... Read more »

View More Answers

5 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: Can I file bankruptcy for all my credit cards 2 loans medical bills and back taxes
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on May 16, 2022

When you file for bankruptcy relief, you must sign several bankruptcy Schedules showing ALL your estates and ALL your debts, and swear to their accuracy. You cannot leave anything out.

Credit card and medical bill debts are generally unsecured, i.e., there is no collateral securing...
Read more »

View More Answers

2 Answers | Asked in Bankruptcy for Tennessee on
Q: What do I do if a vehicle is not picked up in a bankruptcy?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 27, 2022

You should ask your attorney. But this does happen alot. There is nothing preventing you from continuing to drive the car, but you must be able to continue to register and insure it which can be difficult. When the secured creditor comes after, let them have it. Otherwise it could be charged... Read more »

View More Answers

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
PREMIUM
Anthony M. Avery
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.

View More Answers

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.
PREMIUM
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...
Read more »

View More Answers

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: why would I receive a "notice of trustee's final report and applications for compensation and dealing to object (NFR)?

I have never filed for bankruptcy, and I don't know what this is or what it means to me.

Timothy Denison
Timothy Denison
answered on Jul 12, 2022

Probably sent to you in error. Call the trustee who filed it and they can probably resolve it.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: in tn,can a married couple filing,ch.7,use their10k wildcard exemption to exempt a car valued at15k if in only one name

if not can you tranfer title to co ownership prior to filing and then use the combined 10k wildcard exemption to exempt the 15K valued car?

Michael Hollins Sr.
Michael Hollins Sr.
answered on Apr 14, 2022

Your question ultimately is about Exemption Planning. You really need to be careful how you exempt the assets you own. There is wisdom in how to go about doing so. You should contact a Tennessee bankruptcy attorney to ensure that your assets are well-protected.

3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I'm on ssd & over indebted myself to stay afloat and cant pay all my loans unless I go homeless. What can I do?

I make 1635 a month for 2 people and I have 4 loans that total 700 per month and my home and utilities are 600. Im not behind yet but i just can't keep up. I know it would damage my credit but can I alternate payments every other month or would bankruptcy be my best option?

Timothy Denison
Timothy Denison
answered on Apr 3, 2022

Take all your financial info to a bankruptcy lawyer. Most offer a free consultation snd can help you decide what to do.

View More Answers

2 Answers | Asked in Bankruptcy for Tennessee on
Q: If I’ve already filed Chapter 13, isn’t it illegal for them to repossess my vehicle while it’s under bankruptcy protect?
W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Jan 21, 2022

At the moment a bankruptcy case is filed, the automatic stay is triggered. The stay prohibits all creditors from taking any action against you or your property to collect a dischargeable debt.

If a secured creditor, e.g., the holder of a lien on a vehicle, wants to repossess, it must...
Read more »

View More Answers

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can a person who has a fixed income, (Social security) file a chapter 7 bankruptcy for car accident liability

Accident occurred in 2013, judgement was rendered and a lawsuit filed on behalf of plaintiff in 2016. Amount $8000

Timothy Denison
Timothy Denison
answered on Nov 30, 2021

Yes, so long as the underlying accident did not involve a DUI on your part.

2 Answers | Asked in Bankruptcy and Divorce for Tennessee on
Q: Divorced ex wife filed bankruptcy on house and all debt does she still have rights to the house money if sold
Lloyd M. Nolan
Lloyd M. Nolan
answered on Nov 5, 2021

That depends on what is contained in your Divorce Judgment. She is merely seeking to have her debt associated with the home discharged. There is no other effect whatsoever as to her her rights in the home. Whatever rights she had after the Divorce was granted should be the same after her... 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.