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Tennessee Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Tennessee on
Q: I was awarded a civil judgement for a case in Chancery Court in TN. I waited 45 days, the debtor didn't pay. I filed a

garnishment to attempt to collect the debt. After the garnishment was served to his employer, the debtor claims he is currently in bankruptcy since 2018 and is protected by a "stay". What avenue to I have to try to collect this debt? He has not paid anything on the judgement and it has now been... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 7, 2020

If the debtor has an active bankruptcy case then the whole case should have been stayed when he filed bankruptcy. You should look online at the bankruptcy court dockets to determine his bankruptcy status. If he does not have an active case, or was not granted a discharge, then you can garnish bank... Read more »

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Iam a pro se chapter 7 filer. i was sick on 12/30, as a result the trustee agreed to continue the case to 1/22.20.

He told me there are some bankruptcy code requirements i may need

Timothy Denison
Timothy Denison answered on Jan 5, 2020

What is your question.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: I filed chapter 13 because I was told I had too many assets now they want to dismiss my case because I am in arrears

12000$ if they dismiss can I file for chapter 7 bankruptcy now

Justin M. Gillman
Justin M. Gillman answered on Jan 3, 2020

If you filed Chapter 13 to avoid a liquidation of your assets in Chapter 7, filing a chapter 7 case now because you were not successful in your Chapter 13 case WILL NOT stop the Chapter 7 trustee from liquidating assets. When filing a Chapter 13 case due to liquidation issues, you must be aware... Read more »

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: If an affirmation order was not made before the discharge of my Chapter7 bankruptcy, can a creditor refuse me a loan?

I used some personal property as collateral but, no longer had said property and was not ask about it by my attorney or during my bankruptcy hearing. My case was discharged 10/2014. Around August or September 2017 I applied for a small loan and was denied and told by the person I spoke with on the... Read more »

Timothy Denison
Timothy Denison answered on Nov 27, 2019

They cannot collect the loan from you but they are under no obligation to loan you money again in the future.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: What will happen if a friend of mine is filing bankruptcy and doesnt intend to keep the vehicle I co-signed on?
Timothy Denison
Timothy Denison answered on Nov 23, 2019

You will have to pay for it or they will seek to recover from you.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If you pay off your Chapter 13 Bankruptcy case early like a year or more in the state of Tennessee

Are you eligible for a Discharge

Timothy Denison
Timothy Denison answered on Nov 11, 2019

Yes.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If myself, my daughter and my son have a judgement against us for damages to a rental apartment, can we each file

bankruptcy and get the debt dismissed?

Timothy Denison
Timothy Denison answered on Nov 8, 2019

Yes.

1 Answer | Asked in Bankruptcy, Foreclosure, Civil Rights and Landlord - Tenant for Tennessee on
Q: I sign for 11 months and within two month of living here they said they send a letter saying if we don’t fix the problem

Noise complaint than we get evection for it. They said we have 14 day to fix it but they want us to leave because of noise complaint and i pay them rent on time would that go on my record and stay on there for 7 years for noise complaint

Timothy Denison
Timothy Denison answered on Oct 16, 2019

No. Not as long as the rent is paid.

1 Answer | Asked in Bankruptcy, Criminal Law, Appeals / Appellate Law and Child Custody for Tennessee on
Q: Hi I go to court in Bristol tennessee and I've got a few charges I would just like some clarification on please.

1.39-17-425 POSS UNLAW DRUG PARAPHERNALIA USES & ACTIVITIES. 2. 39-17-434 (b) METH - POSSESS OR CASUAL EXCHANGE. 3. 40-39-208 SEXUAL OFFENDER REGISTRATION FORM VIOLATION. I do have a little bit of a past but I was doing real well and that 3rd charge I did not know I even had until now. Can you... Read more »

Timothy Denison
Timothy Denison answered on Sep 15, 2019

It would be impossible to say without having the complaint or charging documents available to read.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: I have a civil summons of 3,000 .Court is in 2 days. I do not have a lawyer. What can I do or expect

I thought my case was October 30th, but yesterday I realized it is August 30th. I do not have time to meet with an attorney, I do not have the items that Im being sued to pay. The debt is 4-5 years old and my summons was served in June of this year. What can I expect if I do not have an attorney.... Read more »

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

First, you should appear. Otherwise, the judge will most likely enter a default judgment. You will also have an opportunity to discuss the alleged debt with the plaintiff's attorney and maybe reach a resolution. You may also request a continuance. Cases are often continued to afford someone like... Read more »

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: My daughter had an at fault car accident without insurance. The other person's insurance company is coming after her

They are seeking close to 10K - she's a waitress making less than regular min wage. Can she claim that debt under bankruptcy in TN?

Timothy Denison
Timothy Denison answered on Aug 22, 2019

Yes, do long as it was not a DUI or alcohol related accident.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: Can judgements paid in full recently be included in Ch. 7? How long after selling house can file Ch. 7?

Live in TN. Already paid lawyers fees, taken 1st class, and filled out all paperwork but closing on sale of house with ex husband in 2 days so couldn't file ch.7 with court last week when I met with lawyer.

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2019

You cannot be filing Bankruptcy while you are selling real property. The Trustee will intervene and remove you from the equation quickly, and you will receive little or no money. And if judgments are paid, then they are no longer a debt, obviously not eligible for Bankruptcy. You need to hire... Read more »

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: is there any way to find out the final outcome of someones bankruptcy case
Bennett James Wills
Bennett James Wills answered on Aug 5, 2019

Yes. You can search on the dockets at www.pacer.gov.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: can a debtor still receive a billing statement when they have filed a chapter 13?
Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2019

No, it is a Violation of the Automatic Stay. Give the Debt Demand to your attorney.

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: I had a chapter 7 discharge three years ago. I’m currently in a chapter 13 plan.

I’m having health issues that may cause me to have to quit my job and start disability. This would make it impossible for me to pay my chapter 13 plan and afford to live. Would I be eligible for some type of hardship discharge even though it’s only been 3 years since my chapter 7 discharge if I... Read more »

Clark Dray
Clark Dray answered on Jul 29, 2019

The relevant dates are the filing dates of your two cases. If your 13 was filled it least 4 years after your 7 was filed, you might be able to get a hardship discharge in the current case. If your 13 was filed within 4 years of the Ch. 7 filing, you won't get a discharge in this case.

Talk...
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2 Answers | Asked in Bankruptcy for Tennessee on
Q: I am considering filing Chapter 7 bankruptcy. I have over $20,000 in debt and no assets with a gross income of $53,000.

It is me and my daughter. Will I be eligible to file for Chapter 7?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

You might want to look at Chapter 13, before going to Chapter 7.

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can fees be waved if im on Social security disability filing bankruptcy?

Barely survive and afraid cant afford attorney fees an filing fees

Stuart Nachbar
Stuart Nachbar answered on Jul 5, 2019

There are many Pro Bono groups that help Debtors in your situation, and you can apply to waive the filing fees. Contact you Bar Association or County Lawyer Referral Service and/or the Bankruptcy Court in your area for more information.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: In a Chap 13 for TN when losing a rental property I own, do I only lose the house or can the bank claim full value?

I own home that turned into a rental 3 years ago but reside in CA. Need to understand TN rules for what the bank can do when the Chap 13 is filed. I heard some states the bank can request the full value of the home in the filings.

Clark Dray
Clark Dray answered on Jun 27, 2019

When you file a Chapter 13 bankruptcy, you get to keep your assets and pay your debts to the best of your ability. Bankruptcy exemptions shelter the value of much of your property, but your creditors have the right to get paid the value of your non-exempt property.

There are complex rules...
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Well in my previous question instated that inhadcfiled mybchapter 7 papers. I have not

Submitted my fees or paystubs yet my paperwork has been done for a couple.months I just filed last week but before I filed I had became employed and in also cashed out my 401k. That is not reflected in my paperwork can I change this or what needs to be done.

Anthony M. Avery
Anthony M. Avery answered on Jun 10, 2019

You need to Amend your Schedules and Statement of Financial Affairs immediately, prior to the Creditors' Meeting. This is not a job to perform pro se....hire a competent attorney now.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: I filed my bankruptcy papers and the paperwork shows I have a 401k that has been cashed out.

I have also been employed for the last 30 days my paperwork.was filled out when i had lost my job. What do i need to do. I still need toturn in my pay stubs and my fees. Should I adjust my income on there and how do I do it?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 10, 2019

Ask your bankruptcy lawyer; if you do not have a lawyer, find one.

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