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Tennessee Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Tennessee on
Q: How long does it take for a bankruptcy to be removed from a person's record in Tennessee?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: Bankruptcy stays on your Credit Report for 10 years; however, it stays in the Public Record FOREVER!

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: How would I find a qualified Expert Witness for a Bankruptcy Appeal?

Original filing attorney died in a private plane crash. Was not entitled to any Bankruptcy. Case is ongoing but has only paid fees, no creditors so no relief. Looking into viability of appeal. Two CH-11's and one CH-7 have been filed so far.

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: Simply Stated: A regular witness is someone who saw something happen. An Expert Witness is someone who can provide testimony based upon his/her expertise.

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: If a chapter-11 is filed, but not processed with a Plan, who is at fault?

Personal chapter-11 filed, single creditor, able to repay. Original attorney died, substitute never discussed nor arranged for submission of a plan. The debtor was solvent and only in arrears with a single creditor, reorganization as an option but not entitled to any other chapter. Is the fault... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: The Debtor is at fault. If you are a Creditor, especially one on the Committee, you should either move for a Dismissal or Compel a Plan.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If a patient files chapter 7, but then wants to pay the amount that we wrote off, is that legal?

My name is Shawn and I am the Patient Accounts Manager for a Dental Provider. We have a patient that filed a 7 in 2010 while separated from her now ex-husband. We wrote off her account, her biological child (his step-son)and two children with her and the ex-husband. She now has come and asked to... View More

Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: It is legal and frequently done. Though the prior bill is discharged, the doctor can decline to provide future services. This can present a problem if a patient is in the middle of a procedure. Thus, many patients reaffirm or continue to pay their doctor(s), even though they are no longer... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: How much do you have to owe to file chapter 7 bankruptcy in Tn.
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: Debt is not the only thing to look at when considering Bky. Income must be examined to confirm you pass the Means Test (income is compared to those in your community). You must also examine transfers/sales (court could reverse transfers or sales for less than market value) and exemptions (you... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I filed chapter 7 myself and has now been discharged how do I find out what was and was not discharged in tennesse
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: All the debt you listed in your schedules is generally dischargeable; however, some things are not dischargeable, such as student loans, taxes, Support, Debts in relation to a DUI and Debts to the FDIC. Additionally, if you chose to Reaffirm any debt that would also not be discharged.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I just received my discharge from chapter 7,which I filed myself,how do I find out which debts were discharged
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: All the debt you listed in your schedules is generally dischargeable; however, some things are not dischargeable, such as student loans, taxes, Support, Debts in relation to a DUI and Debts to the FDIC.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Had a client file bankruptcy said to me that i was included in this. however i was never informed.what can i do
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: First you should confirm that you were not included. 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... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I received my discharge of chpt 7 that I filed myself,how do I know which debts were dischaged
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: All the debt you listed in your schedules is generally dischargeable; however, some things are not dischargeable, such as student loans, taxes, Support, Debts in relation to a DUI and Debts to the FDIC.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: How can you find out if a company has filed a chapter 13?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: 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: Do you need a lawyer to file bankruptcy or can you defend your self and file the papers your self
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: If you are a natural person, verses a fictitious (i.e. corp, llc, etc.), you are permitted to represent yourself in court. However, Bky is a VERY COMPLICATED area of law, involving a combination of State Laws and Federal Procedures.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: How can I obtain a form or letter to reaffirm my mortgage loan since it was not done prior to filing for Bankruptcy?
Andrew Bresalier
Andrew Bresalier
answered on Feb 14, 2014

A: A Reaffirmation Agreement is done as part of a Bankruptcy, not prior to it. If you want get a copy of something from the case, 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... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: When do I need a bankruptcy lawyer?
Andrew Bresalier
Andrew Bresalier
answered on Sep 5, 2012

If you are a natural person, rather than a fictitious, such as a corporation or trust, then no you do not need an attorney. However, bankruptcy is a complicated area of law, involving a combination of Federal Procedures and State Laws. Though it is a Federal Court Action, because of the State... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can one person in a marriage file bankruptcy, or do married couples have to file together?
Andrew Bresalier
Andrew Bresalier
answered on Aug 17, 2012

Married people can file a Bky individually; however, if you are not seperated, both persons income will be calculated into the Means Test.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Is it illegal for someone to disclose information regarding your bankruptcy if it was an item you did not include

My ex-husband gave information to a lady regarding my clothing business, which was not included in my bankruptcy. Is this legal? This information has been twisted and is being attempted to use against me with malicious intent.

Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

If the information is accurate, you may have grounds under slander/false light; however, it is probably best you do not pursue it as it appears you ommited claims in your bky case - preference is a ground for revocation of a discharge. If the information is false, sue her for slander. In either... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I am about to file chapter 7. also, I am behind on a "title loan". will bankruptcy protect my car grom being repossed?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

Yes, but you should immediately provide the lender with a Suggestion of Bankruptcy and a copy of the Notice, after you file. I would also suggest you tape a copy of each to the vehicle, to avoid the Repo Man. Once you send the lender a copy, contact them to make sure the Repo Man is called off.... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Do i need a lawyer to file bankruptcy ?
Andrew Bresalier
Andrew Bresalier
answered on Dec 8, 2011

A Natural Person (vs. a business entity) can represent themselves in court; however, bankruptcy is a very complicated area of law, involving a combination of Federal Procedures and State Laws. So, an attorney is recommended, though not required.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can i reinstate my chapter 13 after dismissal
Andrew Bresalier
Andrew Bresalier
answered on Nov 28, 2011

Yes, however you must pay the missed payments. It maybe better to just start a new case.

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