Tennessee Bankruptcy Questions & Answers

Q: What should i do or what is recommended?

3 Answers | Asked in Bankruptcy for Tennessee on
Answered on Apr 16, 2019
Anthony Marvin Avery's answer
You must continue to make payments or the Lender will get relief from the Stay and repossess the collateral. Find out what type of payments your Sister's Plan proposes, and this will determine what you pay each month after the Plan is confirmed. But until the Plan is confirmed, no payments by the Trustee will be made.

Q: Being sued by previous car lender, with issues.

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Probate for Tennessee on
Answered on Apr 15, 2019
Anthony Marvin Avery's answer
The Creditor probably can Probate Grandmother's Estate for its benefit. But it is very unlikely. You are probably better off filing a Notice of Exempt Property with whatever Court and Docket Number you are being sued under. You should be able to Exempt all property, but be careful with any Bank Accounts.

Q: Are Severance Payments given before company bankruptcy considered preferential payment?

2 Answers | Asked in Bankruptcy for Tennessee on
Answered on Apr 9, 2019
Anthony Marvin Avery's answer
It is very possibly a Preferential Transfer. But it is really for the Trustee to set aside and pursue the moneys paid out pre-petition. Employees will be considered Preferential Creditors usually, but a Severance Package is probably a Preference. The Defense for the employee is that it came from a Trust Account, not owned or from the Bankrupt.

Q: What’s the median income requirement for a family of 3 in the state of Tennessee to file a chapter 7?

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Mar 29, 2019
David Earl Phillips' answer
The median income for a family of 3 is $ 5521 per month. That is the gross income. Hope that helps.

Q: I filed for chapter 7 in May 2018 and reaffirmed a car I had just purchased, they would not accept payments until now.

1 Answer | Asked in Bankruptcy for Tennessee on
Answered on Mar 27, 2019
Timothy Denison's answer
No. If the court approved the reaffirmation agreement, you are stuck with the car and will have to pay for it. If the court did not approve the traffic, you may be able to return the vehicle. Consult your bankruptcy attorney for the best way to proceed.

Q: one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separately loans

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Elder Law for Tennessee on
Answered on Mar 23, 2019
Timothy Denison's answer
Hire a lawyer and file suit to block the sale and recover the money.

Q: Nashville, Tn. Received a summons for court in Dec. 2018 from Law firm that is a debt collector for Target.

1 Answer | Asked in Bankruptcy, Consumer Law, Landlord - Tenant and Legal Malpractice for Tennessee on
Answered on Mar 10, 2019
Timothy Denison's answer
Consult a bankruptcy attorney to see if a Chapter 7 or 13 could help you.

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.

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