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Tennessee Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy for Tennessee on
Q: Bankruptsy case closed vs discharge

Can a bankruptsy case that has been closed, be reopened to include debts and assets intentionally left off by attorney and debtor??

Thanks, this is a very helpful law forum.

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Dec 7, 2020

"Debts and assets intentionally left off".

If it's a Chapter 7 case, and the discharge has been granted, adding the omitted creditors may not expand the coverage of the Discharge to the newly added debts.

The bankruptcy Schedules are signed by a debtor under penalty...
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2 Answers | Asked in Appeals / Appellate Law and Bankruptcy for Tennessee on
Q: 2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court. Bankruptsy

2018 May court awarded plaintiff 4500 dollars, Defendant appealed May 2018, deposited 4500 circuit court for appeal, Defendant filed Bankruptcy July 2020, Discharged Aug 2020. Funds still on deposit and no date set for the appeal. Plaintiff not notified as debtor. Is award for plaintiff set aside... View More

David Luther Woodward
David Luther Woodward
answered on Nov 23, 2020

The first thing you need is a lawyer; however, you should probably either pursue the appeal or file a motion for remission of the funds to you. i am not a TN lawyer, so go find one!

Good Luck.

d

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3 Answers | Asked in Bankruptcy for Tennessee on
Q: Can a finance company come and get collateral if I'm fixing to file Chapter 7 do I have to let them in the door

I can file in 2 weeks but this finance company wants to come view the collateral of which I no longer have some of the items. Please help

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
answered on Oct 14, 2020

Under the Uniform Commercial Code, adopted in most states, a secured creditor has the right to enter the premises and inspect its collateral, and in addition, to render it inoperable, where applicable. But a creditor may only do so without a "breach of the peace", e.g., they can't... View More

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3 Answers | Asked in Bankruptcy for Tennessee on
Q: I need to file for bankruptcy and I can't afford a lawyer can I get help for free ?

I have credit card debt and I live on social security and I've gotten in over my head. Please give me some help.

Lloyd  Nolan
Lloyd Nolan
answered on Oct 8, 2020

That seems very straightforward. I am going to assume that you have exhausted your nonbankruptcy remedies. There are some very good non-profit agencies like crown financial ministries, or consumer credit counseling service, that can help you negotiate and adjust debts with your creditors outside... View More

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: I just received a garnishment letter from the state of Alabama that will happen in 10 days which now is 8 days

It's taxes 2015 and a total is $1080 something

David Luther Woodward
David Luther Woodward
answered on Jul 31, 2020

The garnishment will occur unless you seek bankruptcy counsel and file before the return date on the writ. Your lawyer that you hire for Bankruptcy knows how to halt this--otherwise, the garnishee fund, whether a bank or your employer, will have to respond.

Good Luck

d

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: How much does it cost to clean up my credit?
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jul 28, 2020

It depends on how bad your credit is. You need to be at least above 640. More is better. Since you are dealing with things that are not easily removeable, I would use a lawfirm like Lexington Law, because they can handle things that need to be removed due to violations of the Fair Credit... View More

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2 Answers | Asked in Bankruptcy and Collections for Tennessee on
Q: Would a judgement proof letter help or hurt us Creditors are calling we haven’t paid in a year or so

We both draw ssdi And have some medical debt and just can’t make these payments can’t file bankruptcy til 2023

Michael Hollins Sr.
Michael Hollins Sr.
answered on Jul 3, 2020

If you are indeed judgment proof, I believe that should be enough to dissuade debt collectors from harassing you, but if not, get a lawyer and allow them to take the steps necessary to stop the creditors from harrasing you.

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3 Answers | Asked in Bankruptcy, Consumer Law and Collections for Tennessee on
Q: I own a home and a RV. All credit card debt is paid off. The RV payment is to high. We owe more than the RV is worth.

What are my options to keep my house but to get rid of the RV?

David Luther Woodward
David Luther Woodward
answered on Jun 29, 2020

Depending on your actual financial and cash flow position, a Chapter 7 might be what you are interested. If the RV is your only debt bankruptcy seems a bit extreme; however, it is what the number say.

Good Luck

d

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: With the extra $600 weekly for unemployment, is this exempt from ch 13 payments?
Timothy Denison
Timothy Denison
answered on May 18, 2020

No. Unemployment is considered income.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: Does TN require that chapter 13 payments also be made from the $600 federal stimulus money received during unemployment?
Oliver L Cisowski
Oliver L Cisowski
answered on May 17, 2020

No, this money is explicitly excluded from the definition of income in the CARES Act. This means it does not need to be paid into your plan.

However, if you have recently become unemployed due to the coronavirus and are not making payments into your Chapter 13 plan, you may want to speak...
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2 Answers | Asked in Bankruptcy for Tennessee on
Q: What happens if in ch.13 and they find out you withdrew 401k when you quit your job while in ch. 13 and didnt report it?
David Luther Woodward
David Luther Woodward
answered on Apr 20, 2020

Why don't you ask your lawyer who is representing you in the 13.

You do not provide enough data to answer this intelligently; moreover, this is not a substitute for personal counsel.

Good Luck

d

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4 Answers | Asked in Bankruptcy for Tennessee on
Q: Can I get a secured credit card while in chapter 13 bankruptcy to help build my credit back up?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Apr 19, 2020

While in a chapter 13, any attempt to obtain credit requires authorization of the Chapter 13 Trustee in your Court under 11 USC 363.

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5 Answers | Asked in Bankruptcy and Real Estate Law for Tennessee on
Q: What are my options of negotiating a judgment lien off a piece of property I am inheriting in Tennessee?

The judgment lien has been on the property for 13 years and was put on after my sister got a divorce from her ex-husband and a debt for a vehicle was never paid. The ex brother-in-law is no longer in the state of Tennessee and this debt, unless negotiated off the property will most likely never be... View More

Oliver L Cisowski
Oliver L Cisowski
answered on Apr 16, 2020

A short and simple answer is that a judgment lien in Tennessee is only valid for 8 years. However it seems that there are some moving parts in your questions. If you would like to email me, I can refer you to a real estate lawyer in your area to give you better advice.

This really depends...
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2 Answers | Asked in Bankruptcy and Consumer Law for Tennessee on
Q: I’m currently in a chapter 13, 4th year, will my tax relief check go to my trustee first?
Oliver L Cisowski
Oliver L Cisowski
answered on Apr 14, 2020

If you mean your tax refund check, then yes. If you mean the CARES Act Covid-19 stimulus check, then no.

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: Hi my name is Zack and Im trying to check the status of my ch.13 case in the eastern district of Tennessee.
Oliver L Cisowski
Oliver L Cisowski
answered on Apr 14, 2020

Go to trustee13.com. Choose Gwendolyn Kerney who is your Chapter 13 trustee. This will take you to a login screen. Your username is your case number and password is the last four of your social.

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: A few years ago i became part of a class action lawsuit due to asbestos exposure. I filed a 13 in September.

When I filed I had forgotten to tell the attorney I receive small checks at different times, but so few over time. Will the trustee take these checks in the future? The attorney said she would have to file an ammendment, The asbestos lawyer will not release any funds until she says ok. I cant ever... View More

Timothy Denison
Timothy Denison
answered on Apr 13, 2020

You need to amend your petition and include them, then use any remaining exemptions to protect your payments.

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3 Answers | Asked in Bankruptcy for Tennessee on
Q: I'm currently in chapter 13 as of November 2019. Will the Knoxville TN trustee be keeping the coming stimulus check?

What a blessing! Thank you so much sir for your quick response! Have a safe and healthy evening!

Sincerely,

Tina Humphrey

Oliver L Cisowski
Oliver L Cisowski
answered on Apr 9, 2020

Yes! The CARES Act explicit excludes the stimulus payments from "current monthly income." In other words, it does not need to be paid into your Chapter 13 plan

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2 Answers | Asked in Bankruptcy for Tennessee on
Q: I'm filing chapter 13. I have care credit for all my medical/dental. Will I still be able to use the card while in 13.

card is current and i have no insurance. Tenneessee

Timothy Denison
Timothy Denison
answered on Apr 3, 2020

Yes. If it is current you should not have a problem.

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