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Tennessee Bankruptcy Questions & Answers

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 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 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 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 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 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 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 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 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 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 answered on Jun 10, 2019

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

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1 Answer | Asked in Bankruptcy, Contracts, Copyright and Estate Planning for Tennessee on

Q: Will Tennessee come get me in Dayton beach Florida if I have a warrant for probation violation

Timothy Denison answered on Jun 9, 2019

If they find out where you are, most likely they will, yes.

2 Answers | Asked in Bankruptcy, Copyright, Arbitration / Mediation Law and Collections for Tennessee on

Q: Attempt to be served after setting up payment arrangement with creditor’s lawyers.

I have had correspondence with lawfirm who agreed to payments on a debt. Today there was a card from a lady who tried to serve me for a lawsuit. I haven’t been able to find anything about the lawsuit yet and am unsure of how i would find this. Any advice? The payments have not defaulted.

Leonard Robert Grefseng answered on Jun 6, 2019

If a lawsuit has been filed, it is a public record at the courthouse. However, it will only be filed in one county ( not all of them) and many times, the plaintiff has a choice as to which county they may elect to file in. For example, if the debt is the result of an auto accident, the plaintiff... Read more »

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3 Answers | Asked in Bankruptcy, Contracts, Collections and Small Claims for Tennessee on

Q: What can i do if Advance financial has sent an account to a law firm who isn’t budging on a settlement offer?

Missed a few payments and then it was written off in 8/2018. About 1-2 weeks later a settlement payment was made for about 1/4 of what was written off. They won’t talk to me and won’t take nor negotiate any payments and will only refer me to the law firm. The law firm is corresponding by email... Read more »

Anthony M. Avery answered on May 22, 2019

You need to start protecting your assets now prior to being sued. Make a written offer to the actual creditor, not the collection firm. If they do not respond, again protect your assets. Do not give out any information about your finances, income, or employment status. If you get sued, file a... Read more »

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1 Answer | Asked in Bankruptcy for Tennessee on

Q: Do you add property you want to keep that has been paid off to the exempted property section?

Do I need to list it as exempt even if I don’t owe any money on that item?

Timothy Denison answered on May 18, 2019

You need to list all property you own and then claim an exemption for each piece of property.

2 Answers | Asked in Bankruptcy for Tennessee on

Q: I am filing chapter 7 bankruptcy. Do I need to list paid off property I want to keep under exempt property?

Do I need to list paid off property I want to keep under exempt property on schedule c? Would I list it even though I don’t owe anything on it?

Timothy Denison answered on May 17, 2019

Yes. You need to list ALL property and them claim exemptions for them.

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1 Answer | Asked in Bankruptcy for Tennessee on

Q: My wife has been summoned to court in a civil lawsuit from a debt collector. Is bankruptcy her best option?

Her only source of income is SSI Disability and we can't afford a lawyer. She pays several hundred out each month to other loans and utilities. She suffers from severe anxiety and has trouble talking to authority figures.

Timothy Denison answered on May 12, 2019

If she files bankruptcy, she’s still going to be talking to authority figures. If her only income is social security, creditors can’t garnish ss. Schedule a consultation with a competent bankruptcy attorney who can review her complete financial situation.

1 Answer | Asked in Bankruptcy for Tennessee on

Q: How can you add a judgment to an already existing bankruptcy case concerning apartment lease?

I already had my apartment lease under Chapter, due to car wreck fell behind recently received judgement from complex and wanted to know it could also added to my bankruptcy. If so, what motion and whats the fee.

Timothy Denison answered on May 1, 2019

Simply make a motion to add a creditor to your bankruptcy, presuming the claim against you was incurred prior to filing this bankruptcy.

1 Answer | Asked in Bankruptcy for Tennessee on

Q: I am a senior citizen and also on disability I am wondering what all I got to do to file a bankruptcy

for that is the only way I see for relieve I am not sure even who all I owe

Bruce Alexander Minnick answered on Apr 28, 2019

Look for a bankruptcy lawyer online or in the phone book and contact them. They will ask you several questions and then explain the process to you.

3 Answers | Asked in Bankruptcy for Tennessee on

Q: What should i do or what is recommended?

Last week i go to pay my car payment online and it said i have no active account. I call and they say my cosigner filed bankruptcy (but they cant give me the details) so they can no longer contact me or send me notifications but i can continue to call to make payments. So know im confused as to... Read more »

Anthony M. Avery answered on Apr 16, 2019

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... Read more »

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1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Probate for Tennessee on

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

issues.

In 9/16, grandma cosigned a car for me. She had passed on 1/17. No probabte has been opened due to no funds upfront,& other heirs wont help. I had ankle surgery on 12/17, was off for 2 months, got behind on car payment. I got caught back up as good as I could.

In 6/18, I... Read more »

Anthony M. Avery answered on Apr 15, 2019

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... Read more »

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