Tennessee Bankruptcy Legal Questions

You certainly have the option to file for Chapter 7 Bankruptcy protection, assuming you meet the financial qualifications necessary to file.  However, student loans are very difficult to receive a discharge from.  Very few cases meet the "hardship" requirement necessary to discharge a student loan debt.  Medical debt, though, is an unsecured debt and maybe discharged in a Chapter 7 Bankruptcy. It would be wise to contact a local bankruptcy attorney to discuss whether bankruptcy is an appropriate option for your current financial situation.  Most bankruptcy attorneys offer a free initial consultation to determine if bankruptcy is appropriate, so it maybe in your best interest to contact a local attorney. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

This is a very complicated question without enough facts to be adequately answered.  The first issue that needs to be determined is whether the company was incorporated?  Second, did the company actually file for bankruptcy, or is the company broke?  Third, how did the new owners acquire the company? I suggest that your friend speak with the attorney representing the company and determine the answers to these questions.  It also would be in your friends interest to talk with her own personal attorney (many attorneys offer free initial consultations) to determine what her rights are. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

If you qualify for chapter 7 bankruptcy, you do not have to make any payments to the court trustee.  You are probably confusing this with either Chapter 13 or Chapter 11 where you must propose a repayment plan.   You can maintain your household to the extent you can afford to do so.  That has nothing to do with bankruptcy. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr  ... Read Answer

You can always file bankruptcy as an individual.  That isn't the issue.  The issue is whether you can receive a discharge now.  I you received a discharge in your prior Chapter 7 case, then you must wait 8 years from the date your prior case was filed before filing a new Chapter 7 case.   Based on the facts you presented, you would need to wait until sometime in 2014.  Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr... Read Answer

Yes, you can file either jointly or individually.  You should contact a local bankruptcy attorney to determine if you should consider filing jointly or separately because some debts may be considered joint debts, and your spouse may be required to fulfill the obligation after you file bankruptcy. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

Bankruptcy law is very complex, and there are many factors in determining what can and will be liquidated in a case.  Additionally, Tennessee has certain property exemptions available to a bankruptcy petitioner.  The answer to your questions depends on numerous issues such as which chapter of bankruptcy you choose to file under, and the value off any and all assets you have.  You should speak with a local bankruptcy attorney to determine if bankruptcy is an appropriate action in your situation, and what potential assets maybe liquidated to pay creditors. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

Did you receive a discharge in your Chapter 13 case?  If so, you could file another Chapter 13 now, but not Chapter 7 or 11.  If you did not receive a discharge in your Chapter 13 case, then you can file under any chapter for which you are eligible. Mark J. Markus, Attorney at LawCertified Bankruptcy Law Specialist--State Bar of CaliforniaHandling exclusively bankruptcy law cases in California since 1991.http://www.bklaw.com/bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/Follow Me on Twitter:  @bklawr... Read Answer

It is unlikely that filing bankruptcy will discharge the debts.  Typically government debts cannot be discharged absent very specific hardship circumstances.  You may, however, be able to setup a payment plan in a Chapter 13 case to pay the taxes back over several years. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

Attorneys charge different amounts depending on numerous issues including what chapter of bankruptcy you choose to file under.  Most bankruptcy attorneys offer a free initial consultation to determine if you qualify for bankruptcy, and should quote you a price after determining the complexity of the case. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

Debtor's prison was abolished in the 1800s, so you don't have to worry about jail for non-payment of debts. (see my article at http://www.bklaw.com/bankruptcy-blog/2009/07/bankruptcy-debtors-prison/) You can discharge debts owed for the lease of your tractor in a bankruptcy case, but you of course would have to surrender the tractor, unless you become current with the payments. I suggest having an initial consultation with a bankruptcy attorney in your area for more information and advice on your best options.   Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

As long as the mortgage stays current, your husband's bankruptcy filing might not impact the property, barring a few exceptions.  The most important exception being that he lists your home as an asset, and the bankruptcy trustee takes possession to liquidate the home to pay creditors.  You should contact your husband's bankruptcy attorney or a consumer rights attorney to determine how the filing will impact you and the home. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

Your husband filing for Chapter 13 bankruptcy protection will not affect your assets at all, it's only in chapter 7 bankruptcy where assets are liquidated to pay off debtors. In chapter 13 bankruptcy, most, if not all of the debts are repaid and no assets are liquidated from the debtor. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

I doubt that your court has a form motion for a Motion to Reopen, but if they do, you should be able to locate it on he court's webpage.  I don't know which district in Tennessee you are in, but just do a google search for "bankruptcy court tennessee" and follow the prompts from there. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

Your ex-husband's claiming of the car in bankruptcy was pretty meaningless as far as you are concerned.  It did not make it his car.  It did not relieve him of his obligation to you.  It did get him off the loan with the creditor he surrendered it to.  I practice family law, as well as bankruptcy, in Minnesota.  I do not practice family law in TN so I have no clue how this matter would be handled there.  In Minnesota, we would probably bring the matter to the family court.  In any event, his bankruptcy did not relieve him of his obligation to you.  By the way, in my professional opinion, your ex-husband is a cad.... Read Answer

you cannot be absolved of a debt, in this case a mortgage, by signing the property over to someone else's name. Even though your husband executed a deed in your name, the simple fact that he has not paid off the mortgage, the mortgage is still attached to the property under his name. At this point once he receives his chapter 13 discharge and the mortgage has been discharged, at that point the land will become legally yours. Chapter 13 bankruptcy is used to repay all or a portion of the debtors debts over a 3 to 5 year period, chapter 7 bankruptcy is used to discharge the debtors debts and liquidate their assets. In a chapter 7 bankruptcy, if your husband were to sign the land over to your name within two years of filing chapter 7 bankruptcy, that transaction would be considered fraudulent and would be undone by the bankruptcy court, meaning that the property would return to your husbands estate and the bankruptcy trustee would liquidated. A divorce court does not have jurisdiction to separate a mortgage from a piece of property, thus a divorce really has no bearing on the paying off of a mortgage. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

If this debt was discharged within a chapter 7 bankruptcy, you no longer owe any money on the debt, but there is still a lien against the title. This essentially means you don't have to pay the car back, but if the car is still on the road you can drive it. You can send them a certified letter via first class mail (certified) informing the lender that you will be charging a rate of $20 per day for storage of the vehicle until they pick it up. Then let the storage charges reaching amount that covers the remainder of the debt and sue for those damages in court. Once you win that lawsuit that should offset the money owed on title and the lender will most likely sign the title over to you for you to dismiss your judgment for damages. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

You most likely can keep your vehicle if you can maintain the monthly payments.  However, you may need to reaffirm the loan in your bankruptcy case, depending on who your lender is.  Your attorney can help you decide that. The only other issue would be the equity you have in the vehicle.  If there is any equity, then you need to exempt it under applicable laws in order to prevent the Trustee from selling it.  Exemptions are "protections" for value you have in certain assets such that they are "exempt" from collections.  Every state has different exemptions amounts available. Exemption laws are based on the state where you resided for the 2 years prior to filing your bankruptcy case or, if you lived in more than 1 state during that period, in the state where you resided for the greater part of the 180 days prior to that 2 year period. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr  ... Read Answer

A lien can't be placed on something you don't have. Furthermore, a lien is placed by the court, not a lawyer; you most likely got a threatening letter used to scare you.  If you have filed Chapter 7 Bankruptcy, then this debt should have been discharged. I have responded to your inquiry according to the laws of Massachusetts, where I practice. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options. Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.   Joseph F. Botelho, Esq. BOTELHO & ASSOCIATES, LLCAttorneys At Law www.massachusettslawyeronline.com 126 Shove Street Unit 202 Fall River, MA 02724 Office: 888-269-0688Cell: 508-801-6747FAX: 877-475-8147 Twitter Facebook  ... Read Answer

Yes, you can convert a Chapter 13 case to a Chapter 7 at any time.  There is nothing to "redo".  There is presently a $25.00 court filing fee to convert. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer

Student loan debts are non-dischargeable in bankruptcy unless you bring a separate adversary case in the court and prove that repaying the debts would be an "undue hardship" on you.  The standard for this varies from court to court, but is very difficult one to meet. Student loans are generally unsecured debts and will share in the pro rata distribution you are making during your Chapter 13 case to other unsecured creditors.  Unless there is some reason you need to do a 100% plan (due to large value of non-exempt assets, etc.) this can only benefit you, as you will pay down some of the principal while you are in deferment.  Of course, in order for this to occur, the student loan agency would need to file a claim in the bankruptcy case.   Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr  ... Read Answer

With a few very limited exceptions, child support is not dischargeable in bankruptcy.   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

There are various things you can do.  One,  you can send each creditor a letter demanding that they stop contacting you at whatever number they are doing it at.  Give them a mailing address and tell them to ONLY contact you at that address.  That should at least stop the phone calls. The other thing you should do is consult with a bankruptcy attorney in your area about the possibility of discharging your debts and getting a fresh start.  It's probably less invasive and easier than you think. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr ... Read Answer

It is completely appropriate for you to purchase a vehicle that you need prior to filing a Chapter 13 case.  In fact, it is MUCH better to do so before you file, rather than after.  As long as the payments on the vehicle are reasonable, you can use the amount to deduct from the budget you'd otherwise have to pay to your unsecured creditors. You should of course consult with a bankruptcy attorney in your area before doing anything, so they can properly evaluate all the relevant facts, but there is nothing wrong with getting a solid vehicle that will get you  through at least the term of your Chapter 13 plan. Mark J. Markus, Attorney at Law Handling exclusively bankruptcy law cases in California since 1991. http://www.bklaw.com/ bankruptcy blog: http://bklaw.com/bankruptcy-blog/ Follow Me on Twitter:  @bklawr... Read Answer