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Tennessee Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Tennessee on
Q: If I verbally acknowledge on the phone that I owe a debt, did I restart the clock on the statue of limitations
Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 7, 2018

I have not researched it, but I wouldn't think simply acknowlediing a debt- without making a payment or any other action would restart the statute of limitations.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: My sister was told she will lose her house that is paid for if she files bankruptcy. Is this true.

She owes $37,000 in credit card debt and only makes $19,000 a year working as a CNA. She is 62 and would like to retire if possible but can't because of this debt.

Cristina M. Lipan
Cristina M. Lipan
answered on Feb 26, 2018

She could, but not necessarily. If she has equity in her home (value minus mortgage), it could be used to pay her creditors. In this scenario, she would create a chapter 13 repayment plan instead, rather than filing chapter 7. She can also look into the possibility of a home equity line of... View More

1 Answer | Asked in Consumer Law, Bankruptcy and Foreclosure for Tennessee on
Q: A law firm held a lien attached to our mortgage. But the firm dissolved. Does this release us from the lien?

If yes, how do we get information necessary to document the the dissolved firm, and how do we get a release of mortgage form?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 24, 2018

I am intrigued as to how a law firm ended up with a lien on your home and this may impact the response. But beyond this, if the law firm legally dissolved a proper lien right would not just disappear. The rights would pass to someone- potentially even a creditor of the firm.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I live in Tennessee and was told it is against the law on chapter 13 2 ply for a personal loan
David Earl Phillips
David Earl Phillips
answered on Jan 23, 2018

Generally, when you are in an active Chapter 13 case you cannot obtain credit, i.e. a loan, without court permission. There are very limited exceptions for emergencies that might come up like your appliances quit working, and you have to have a replacement freezer so your food will not spoil,... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: My ex husband has filed chapter 7 bankruptcy. My vehicle that we purchased together while married is included in this.

Our divorce decree says I take full responsibility of the vehicle. And he is surrendering his interest in it. Is my car going to get repoed, and does his bankruptcy pay for the car, or does the finance company still continue to have me keep paying monthly payments on it as normal if I wish to keep... View More

Cristina M. Lipan
Cristina M. Lipan
answered on Jan 5, 2018

The financing is a secured debt against the car, so you still need to make payments if you want to keep the car, even if filing for bankruptcy.

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If I was to file bankruptcy can I include cash advance loans?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Dec 20, 2017

As long as it has been over 90 days you should get a discharge, especially if you have tried and made some payments

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If you file for bankruptcy do you have to submit all of your financial records to the court?
Cristina M. Lipan
Cristina M. Lipan
answered on Dec 15, 2017

The trustee may request any and all financial documentation to be reviewed.

Information provided for informational purposes only and should not be taken as legal advice.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I live in Tennessee. I filed chapter 13 back in 2010 and and it was discharged in 2015. Since then I have alot of

Medical bills and some credit card and a loan to repair some things at my home. I am behind on my morgage and they are threatening to foreclose. Can I file chapter 13 again? I don't want to lose my home, I've paid on for almost 30 years and only have about 5 years til it's paid off

David Earl Phillips
David Earl Phillips
answered on Nov 16, 2017

Yes, you may be able to file another Chapter 13 and prevent a Foreclosure of the home. You would have to qualify, which means you must be able to put together a feasible Chapter 13 Plan that would meet the requirements of the Chapter 13 laws. The fact that you filed in 2010 and completed the... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I have a lot of debt and 66 years old, not in good health and looking to sell my home In. Tennessee. I was advised to

File bankruptcy before selling home but scarred I won't be able to keep proceeds from homes sale.

When do I feel before or after sale?

David Earl Phillips
David Earl Phillips
answered on Oct 27, 2017

To answer the question will need to know how much equity you have in the home. See a bankruptcy lawyer near you to go over your entire situation and give you your best options. Hope it works out. Good luck!

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can student loans be included in ch 7
David Earl Phillips
David Earl Phillips
answered on Oct 25, 2017

You do have to disclose that you have student loans in your bankruptcy schedules. In almost all situations you cannot discharge student loans in a chapter 7 filing. See a bankruptcy lawyer in your area for a review of your situation and they can go over your options with you. Every case is... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can you take out a 401k loan while under Chapter 13?

I had 2 401k loans when I filed my Chapter 13 , 6 months ago. One of those loans have since been paid off. Can I take another loan from my 401k while under Chapter 13?

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 19, 2017

In New Jersey, you would need to request permission from the Chapter 13 Trustee to take funds from an exempt asset for current use because there maybe tax ramifications.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If I file bankruptcy will interest and penalties continue to accrue on my delinquent real estate tax?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 17, 2017

If a tax sale certificate has been issued and bought the answer is yes

1 Answer | Asked in Bankruptcy, Family Law and Child Custody for Tennessee on
Q: Do bankruptcy judges usually approve someone to hire a lawyer?

I have filed for primary/full custody of my daughter. The mother filed bankruptcy chapter 13 in July. I received a letter from her lawyer stating she needed an extension due to her having to go to bankruptcy court to get approved to hire the lawyer she is trying to hire. Do bankruptcy judges... View More

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 13, 2017

Usually only if a chapter 11 or 13 do judge's have to approve outside counsel

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I have 3 vechicles i have loans on. IF I FILE BANKRUPTCY CAN I KEEP PAYING ON ONE AND FILE BANKRUPTCY ON THE OTHER TWO
Nels Hansen
Nels Hansen
answered on Oct 11, 2017

Same answer as before.

When you file bankruptcy you must list all of your assets and all of your creditors. If you are filing chapter 7 you must continue to make the contract payments on a secured car loan if you wish to keep the car. You can surrender the other cars and have any remaining...
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1 Answer | Asked in Bankruptcy for Tennessee on
Q: I have 3 car loans. Can i file bankruptcy pn 2 of them and keep paying on the car loan i want to keep
Nels Hansen
Nels Hansen
answered on Oct 11, 2017

You asked this before same answer.

When you file bankruptcy you must list all of your assets and all of your creditors. If you are filing chapter 7 you must continue to make the contract payments on a secured car loan if you wish to keep the car. You can surrender the other cars and have...
View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: I have 3 car loans. If i file bankruptcy can i keep 1 car loan and keep paying on the loan
Nels Hansen
Nels Hansen
answered on Oct 11, 2017

When you file bankruptcy you must list all of your assets and all of your creditors. If you are filing chapter 7 you must continue to make the contract payments on a secured car loan if you wish to keep the car. You can surrender the other cars and have any remaining balance after the cars are sold... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: When filling chapter 13, do you have to file on all debts?

We are current on our mortgage payments. We would like to avoid filling on the house.

Nels Hansen
Nels Hansen
answered on Oct 8, 2017

When you file bankruptcy, you must list all of your creditors. This would include your house. Your plan will show how creditors are paid. Some creditors are paid directly by the debtor and others are paid by the Trustee. You are current on your house, you should be able to continue to make the... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: what if i break the b-ruptcy law about not selling land for 6 mo. after decision?

i'm in tennessee

Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Sep 18, 2017

If the Trustee or the Office of the US Trustee finds out, you could be charged with Fraud. It is not worth it, plus those that you sold it to could get in trouble as well. Don't do it.

1 Answer | Asked in Bankruptcy for Tennessee on
Q: Can I file bankruptcy on loans made to me from a Finance Company? I think its around $15,000. Or go with debt cons?

I have a few Finance company loans with outrageous interest I need help deciding between bankruptcy or consolidating?? I have 1 income 4 kids I work full time and bring home around $700 weekly. I do have a car payment I wouldn't want to put that in with the bankruptcy or debt cons. If I filed... View More

Michael Francis Barrett
Michael Francis Barrett
answered on Sep 15, 2017

The best way to resolve your confusion is to make an appointment with an experienced bankruptcy lawyer in your area. Many bankruptcy lawyers offer free consultations. Bankruptcy does not ruin you financially for life, many individuals who file are able to reestablish their credit relatively... View More

1 Answer | Asked in Bankruptcy for Tennessee on
Q: If your still married but seperated and your spouse filed bankruptcy can you file

Lady suing for big amount of money cant afford it

David Earl Phillips
David Earl Phillips
answered on Sep 14, 2017

If you meet the qualifications to file, the fact that your wife filed would not prevent you from also filing. call a bankruptcy lawyer and see what your options are. Hope it works out. Good luck!

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