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Tennessee Bankruptcy Questions & Answers
2 Answers | Asked in Bankruptcy for Tennessee on
Q: Are Severance Payments given before company bankruptcy considered preferential payment?

If an employee of a company has a severance payment owed per there employment contract, and the company holds said severance payment in an escrow account in the name of the employee, if the employee is laid off due to insufficient funds or whatever reason that will trigger the severance payment,... View More

Anthony M. Avery
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answered on Apr 9, 2019

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... View More

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: What’s the median income requirement for a family of 3 in the state of Tennessee to file a chapter 7?

I’m trying to file a chapter 7 bankruptcy in Tennessee and need to know what is the median income requirement for a family of 3 in the means test ?

David Earl Phillips
David Earl Phillips
answered on Mar 29, 2019

The median income for a family of 3 is $ 5521 per month. That is the gross income. Hope that helps.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I filed for chapter 7 in May 2018 and reaffirmed a car I had just purchased, they would not accept payments until now.

Now they called and want to repossess my car. Can I go back and modify my chapter 7 to include them?

Timothy Denison
Timothy Denison
answered on Mar 27, 2019

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.

1 Answer | Asked in Bankruptcy, Consumer Law, Collections and Elder Law for Tennessee on
Q: one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separately loans

one loan was almost paid off it was $962 the other loan was for 15,000 for a car there were separate loans it was the Redstone Federal credit Union I froze my account so I could not pay on the car payments 2 months behind on the $15,000 long because they froze my account would not take out the... View More

Timothy Denison
Timothy Denison
answered on Mar 23, 2019

Hire a lawyer and file suit to block the sale and recover the money.

1 Answer | Asked in Bankruptcy, Consumer Law, Landlord - Tenant and Legal Malpractice for Tennessee on
Q: Nashville, Tn. Received a summons for court in Dec. 2018 from Law firm that is a debt collector for Target.

Court date is in 3 more business days, what are my options as I have a lot of debt in collections

Timothy Denison
Timothy Denison
answered on Mar 10, 2019

Consult a bankruptcy attorney to see if a Chapter 7 or 13 could help you.

3 Answers | Asked in Bankruptcy and Tax Law for Tennessee on
Q: over ten years ago I filed my friend and her daughter on my taxes.She was on disability and her daughter was 13.

They did live with me at the time. the next year i filed my taxes they were red flagged cause they had sent me audit papers but I didn't live at the address anymore. I told them I could send the documents they needed and they said it was too late.Over the years it has reached up to about ten... View More

John Martin Hilla
John Martin Hilla
answered on Jan 24, 2019

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... View More

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1 Answer | Asked in Bankruptcy for Tennessee on
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

Do the person car I was driving get a check from the insurance company or do it go to their attorney she is without a vehicle and the lien that was on the car is less than 1000 dollars what should she do to acquire the needed funds for another car so she can get back and forth to work.

Timothy Denison
Timothy Denison
answered on Jan 11, 2019

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.

2 Answers | Asked in Bankruptcy for Tennessee on
Q: If a car got repossessed and someone plans to get bankruptcy but the towing company says they wont let me have my stuff

Out of the car unless I give them the key basically can they keep my stuff from me in the state of Tennessee

John Martin Hilla
John Martin Hilla
answered on Jan 11, 2019

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... View More

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1 Answer | Asked in Bankruptcy for Tennessee on
Q: Will they try to reestablish garnishment doNovo trial review said I do not have to be present if I keep paying as agree

Got a stop garnishment from the courts before they took 25% of my disposable income which Is state maximum amount allowed by law in tn they gave me a court date told me I needed to show up and write down all of my expenses and put a amount that I could pay every month which I will have to take... View More

Timothy Denison
Timothy Denison
answered on Jan 7, 2019

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.

1 Answer | Asked in Bankruptcy and Civil Litigation for Tennessee on
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 ?
Timothy Denison
Timothy Denison
answered on Nov 19, 2018

Was that Tenn Care bill covered in the 2009 bankruptcy?

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If bankruptcy is filed for one business, are other businesses owned by the filer affected?
Timothy Denison
Timothy Denison
answered on Nov 16, 2018

They can be, yes, depending on how they are set up. Consult a local bankruptcy attorney to determine your best option.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: What happens to property surrendered in bankruptcy but nothing was done with property. Bankruptcy was filed 8 year ago

Lost a big lawsuit and had to file bankruptcy and within it a piece of property Was surrendered including mortgages on the property due to the bankruptcy. My question is the piece of property is sitting the way it was when it was surrendered it’s like they don’t really know it is there’s... View More

Timothy Denison
Timothy Denison
answered on Nov 5, 2018

It likely reverts to the original since it is in his name.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Will I get a refund for my balance on hand if my chapter 13 is dismissed before confirmation?
Timothy Denison
Timothy Denison
answered on Nov 1, 2018

If there is any balance to distribute after fees and costs are paid.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: What does does this mean: "Motion to modify plan post - confirmation to advance mortgage payments"? Thanks
Timothy Denison
Timothy Denison
answered on Oct 23, 2018

Sounds like they want to change the confirmation order to make advance mortgage payments due early.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I need to know details of filing for bankruptcy against credit card companies

I have 6 credit cards and I am trying to get out of debt from. I am currently swimming in payments that I can't pay over the minimum balance of. I have never missed a payment though. I just want to stop paying these horrid credit card bills but most of the items that I purchased with the... View More

Timothy Denison
Timothy Denison
answered on Oct 20, 2018

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.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I need to get details on bankrupting student loans, company sueing me and car plus more

Students loans around $50,000, Car $16,500, Cash Express 236, I have others charges to bankrupt too what is my first step.

Timothy Denison
Timothy Denison
answered on Oct 9, 2018

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.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: The lien on my property after chapter 7 was not avoided by a credit card company. The card was unsecured and the

bankruptcy cleared the debt from being collected from me personally, the lien that was put on the property continues even though they cannot collect from me. I was told because the lien was file before the action it's allowed to stay on the property. Although the IRS filed a lien before the... View More

Timothy Denison
Timothy Denison
answered on Sep 21, 2018

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.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Why do a lien from the IRS on property gets avoided and a lien from a credit card company does not in chapter 7 ?
Timothy Denison
Timothy Denison
answered on Sep 21, 2018

More information is needed to properly answer your question but it is likely the nature of the lien and/or what it secures.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: something listed on report says item is listed as one can not pay does that mean I don't have to pay them anything
Timothy Denison
Timothy Denison
answered on Sep 16, 2018

More information is necessary to properly answer your question. Consult with a competent bankruptcy attorney who can review the document directly and discuss with you.

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