Nashville Bankruptcy Blog

How Does the Means Test Work?

Many people are not familiar with how the means test works and operates. The majority of Americans simply believe that bankruptcy is too difficult to qualify for, which discourages many from finding …

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What Property Can I Keep After Filing for Bankruptcy?

Are you considering filing for bankruptcy in Tennessee? If so, it is important that you are familiar with their bankruptcy laws so that you can protect your assets and property in bankruptcy. Every …

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What will Happen to my Home or my Car if I File Bankruptcy?

Are you afraid the mortgage company may foreclose on your home? Are you fearful of having your car repossessed and taken from you? It is understandable to want to hold onto your valuable property and …

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Myths Regarding Chapter 7 Bankruptcy

There are many misconceptions regarding Chapter 7 bankruptcy that cause many people to shy away from it. When in reality, it could be very beneficial and seriously improve your financial situation and …

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Reaffirmation vs. Surrender

Many people area faced with whether to reaffirm a secured debt or surrender the secured asset; this decision is often difficult for whether contemplating a Chapter 7 or Chapter 13 bankruptcy. The …

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Nashville Bankruptcy

Bankruptcy in Nashville is founded in the same principles as bankruptcy everywhere else in the United States. Article 1, Section 8 of the United States Constitution states that Congress is to …

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Chapter 13 Debtor Rights

There are several benefts the debtor enjoys in a Chapter 13 bankruptcy as opposed to a Chapter 7 bankruptcy. First, a Chapter 13 enables the debtor to retain all property of the estate in exchange for …

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Automatic Stay – Exceptions

The automatic stay provisions of the bankruptcy code are not all encompassing. There are exceptions. Section 362 (b) provides a veritable list of exceptions to the automatice stay, such as the …

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Prior Discharge

The time limits for when a debtor can obtain a discharge in a subsequent case depend on the circumstances. If the debtor is attempting to obtain a Chapter 7 discharge in bankruptcy and had a prior …

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Bankruptcy Debtor’s Duties

Section 521 of the Bankruptcy Code provides for rules relating to teh duties of the debtor as follows: The debtor shall file: a list of creditors; a schedule of assets and liabilities; a schedule of …

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Duties of Chapter 7 Bankruptcy Trustee

The duties of the Chapter 7 bankruptcy trustee are numerous and encompassing. The professional and competent bankruptcy practitioner will always take into account a bankruptcy petition from the …

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Automatic Stay

Section 362(C)(3) of the Bankruptcy Code states in pertinent part the following: If a single or joint bankruptcy case is filed by or against debtor who is an individual in a case under Chapter 7, 11, …

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Chapter 13 Plan Confirmation

Section 1327 of the bankruptcy code provides in pertinent part the following: (a) the provisions of a confirmed plan bind the debtor and each creditor, whether or not the claim of such creditor is …

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Chapter 13 Plan Modification

Section 1329 of the bankruptcy code provides in pertinent part the following: (a) At any time after confirmation of the plan but before the completion of payments under such plan, the plan may be …

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Chapter 13 Plan after Discharge in Chapter 7

Section 1328(f)(1) states the following: (f) Notwithstanding subsections (a) and (b), the court shall not grant a discharge of all debts provided for in the plan or disallowed under section 502, if …

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Fraudulent Transfers

Section 548 of the bankruptcy code allows the bankruptcy trustee to avoid certain transfers of property that were made within 2 years of filing the Chapter 7 or Chapter 13 bankruptcy petition, when …

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Effect of Dismissal

Section 349 of the bankruptcy code deals with dismissals and provides in pertinent part the following: (a) unless the court, for cause, orders otherwise, the dismissal of a case under this title does …

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Nashville Bankruptcy Meeting of Creditors

Section 341 of the bankruptcy code deals with the required Meeting of Creditors and states in pertinent part the following: (a) Within a reasonable time after the order for relief in a case under this …

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Preference Payments – Permitted Payments

Section 547 of the bankruptcy code allows the trustee to recover certain payments made by the debtor within a certain time before the date of filing the petition. Generally, the trustee can set aside …

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Preference Payments

Section 547 of the bankruptcy code sets forth the rules regarding preference payments. Preference payments are payments made by a debtor within a certain amount of time prior to filing the bankrutpcy …

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Disposable Income

Section 1325(b)(2) of the Bankruptcy Code defines “disposable income,” a critically important calculation for all Chapter 13 debtors, in pertinent part as follows: current monthly income …

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Chapter 13 Plan Confirmation

Section 1325 of the Bankruptcy Code provides requirements for Chapter 13 Plan confirmation. With respect to the length of the Plan payments, subsection (4)(A) and (4)(B) of section 1325 states under …

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Effect of Discharge

Section 524 of the Bankruptcy Code provides for what creditors can and cannot do upon a discharge of debts under a Chapter 13 or Chapter 7 (or any other chapter of the bankruptcy code). Section 524 …

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Discharge of Debts

Section 523 of the Bankruptcy Code (11 USC 523) deals with exceptions to discharge of debts. Essentially, the bankruptcy code disallows discharge of debt for taxes, child support or spousal payments …

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Chapter 13 Plan Calculation

The Ninth Circuit Court of Appeals recently upheld a portion of its own ruling in Maney v. Kagenveama, (In re Kagenveama), 541 F.3d 868 (9th Cir. 2008) by ruling that the term “projected …

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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