Tennessee Complaint to Stop Sale by Bankruptcy Trustee

State:
Tennessee
Control #:
TN-CN-59
Format:
PDF
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A01 Complaint to Stop Sale by Bankruptcy Trustee
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FAQ

You might be able to get out of Chapter 13 bankruptcy early if you can pay off your debt or you prove a financial hardship. When you enter into a Chapter 13 case, you agree to pay all of your disposable income for either 36 or 60 months.

If you stop making Chapter 13 payments and do nothing else, your bankruptcy case will be dismissed and the court will not enter a discharge order.Without the stay order or a bankruptcy discharge, creditors can sue you, garnish your wages or take your property to pay debts.

Because a chapter 7 discharge is subject to many exceptions, debtors should consult competent legal counsel before filing to discuss the scope of the discharge. Generally, excluding cases that are dismissed or converted, individual debtors receive a discharge in more than 99 percent of chapter 7 cases.

Defaulting (failing to make payments) on your Chapter 13 plan has many unfortunate consequences. It can lead to your creditors obtaining permission from the court to foreclose on your house or repossess your car. Or the court might dismiss your case or never approve it in the first place.

Having your Chapter 7 bankruptcy denied can have serious consequences. You will become immediately liable for all your debts. In the case of fraud, the trustee may also be able to administer non-exempt assets, which means you could lose your property and still owe your debts.

In most cases, you can only dismiss your Chapter 7 bankruptcy for cause (meaning that you must have a good reason). If you don't have any nonexempt property that the trustee can liquidate and you have a valid reason for requesting dismissal, many bankruptcy courts will allow you to voluntarily dismiss your case.

You do have the right to change your mind after filing bankruptcy, but this can be a lengthy and sometimes complicated process. If you filed a Chapter 7 bankruptcy, the court is more likely to dismiss your case as long as doing so wouldn't harm your creditors.

The Chapter 7 trustee can keep the case open for about four to six months after filing the bankruptcy papers.

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Tennessee Complaint to Stop Sale by Bankruptcy Trustee