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Tennessee Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Tennessee on
Q: Filed personal bankruptcy which included a business loan for an S-corporation.

Is my business partner cover under the bankruptcy stay in Tennessee?

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: Your personal Bky, the Stay and resulting Discharge only extends to you personally.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I filed chapter 7 in 2002 , can i file again
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: Filing date to filing date for a chapter 7, you must wait until 7 years expires. So if you filed a chapter 7 on January 01, 2002, you must wait until January 02, 2009.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Is it legal for your pay roll check to be garnished without your knowledge?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: Garnishment is a Post Judgment matter. You would have been served when the suit first started and unless you can actually prove insufficient service, they are not going to take your word over the Sheriff or other processing agent. Garnishments are done by writ, forwarded to you and your... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can a legal alien file for bankruptcy in the U.S.?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: Yes a noncitizen who is legally in the country can file a bankruptcy; however, exemption issues may have to be addressed, along with possible consequences if the Debtor is considering becoming a citizen.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I an unployed in tn. if i file for bankrupcy will i loose my home in livin in. which is the only one i have
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: If you are current and within the available exemptions, you should be able to keep.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can you be charged interest on childsupport errears while in bankruptcy
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: A chapter 7 discharges your debts. This means you no longer have a legal obligation to repay them. However, certain debts are not dischargeable, such as student loans, Child/Spousal Support, Taxes and Debts relating from a DUI. So yes, you can be charged interest.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: My wages have been garnished. Is it required that receive a summons to appear in court before the garnishment?

I have not received a letter from the court in TN or a letter from the collection agency. My wages were just garnished. It does not seem fair.

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: Garnishment is a Post Judgment matter. You would have been served when the suit first started and unless you can actually prove insufficient service, they are not going to take your word over the Sheriff or other processing agent. Garnishments are done by writ, forwarded to you and your... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can a check advance company get a criminal warrant, acct been sent collection agency and bank acct been closed on check

Collection agency called me and said if i did not have paid in 4 days they would issue a crimal warrant for me on a worthless check charge, this is a debt from 1 and half years ago and the bank acct has been closed. i am about to file chapter 7 bankruptcy, but can they legally get a crimal warrant... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: They cannot seek criminal charges on the original advance, but they can on the bounced check. In some states, in addition to the criminal charges they can seek civil remedies (sue you) for three times the amount.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Will bankruptsy protect me from losing my home and make it more affordable for me to make payments
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: If you are in arrears, you can cure the situation with a Chapter 13 if you are a candidate. To make the mortgage(s) more affordable you can possible do a combination of lien stripping, a cram down and or a modification either via or apart from the court. Not all jurisdictions do court... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: How does a lawsuit effect you filing a chapter 13
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: A Debtor loses the right to all actions unless abandoned by the Trustee.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If someone filed bankruptcy 15 years ago on something they owe you and now they own a business can you collect
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: It wouldn’t matter if the person was now a billionaire. If the matter was discharged, they no longer owe you.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: After a discharge i ch-7 BK do I have a right to get an accounting of what is not estate?

Can I request an accounting from the Ch-7 Trustee after discharge? Nothing specifying what is the estate has been filed.

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: An accounting will only be done if it was an asset case. If there were assets administered, the Trustee will file the accounting.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If you owe child support and file bankruptcy do you still have to pay child support?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: A chapter 7 discharges your debts. This means you no longer have a legal obligation to repay them. However, certain debts are not dischargeable, such as student loans, Child/Spousal Support, Taxes and Debts relating from a DUI.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Is your mortgage covered under Chapter 13 bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: It is up to the Debtor. He can seek to cure arrears in a Plan or he can seek to Discharge the matter.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can I sell land BEFORE I file chapter 7 and have no profit only payoff loan amt in TN?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: You can sell; however, a sale on the eve of a bankruptcy filing will be highly scrutinized, especially if it is to a relative or not an arms-length relationship. There is a possibility, depending on the Trustee that if the sale is for less than the market value, that the Trustee could demand... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I filed bankruptcy in April 2002; did not reaffirm on 2nd mortgage.; 10 years have passed. How to get lien released?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: You would have to file a suit in the state court to clear title.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Where can I find statistics of bankruptcy filings in the state of tennessee from january 1 2012 until now?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: After filing chapter 13 how long do I have to complete the predischarge class
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

The Post Filing Class is just under 2 hrs.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Please direct me in the right way - looking for a PRO BONO representation case in my bankruptcy case Hawkins Co TN?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

Contact your County Bar association.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Is there free online visibility of a person's bankruptcy filing for the Middle Tennessee Bankruptcy Court
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

Sign up for PACER, it is a free governmental service, as long as you use less than $15 a calendar quarter. Then sign on at the District Court's Bky Site for the specific district and perform a search. From the Docket you can print copies of the documents.

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