Tennessee Bankruptcy

In Tennessee, bankruptcy is handled through the federal court system. It is a legal process that allows individuals or businesses who are unable to pay their debts to seek relief through the U.S. bankruptcy courts. The properties that an individual can retain in bankruptcy are determined byTennessee’s exemption laws.

As an opt-out state, Tennessee does not permit its residents to use thefederal bankruptcy exemptions under 11 U.S.C. § 522(d). Instead, filers must rely on state exemptions provided under Tenn. Code Ann. § 26-2-101 et seq. This also includes certain federal non-bankruptcy protections such as social security benefits or veterans’ assistance.

How to File Bankruptcy in Tennessee

In Tennessee, the bankruptcy process entails several formal steps designed to facilitate the process for the individuals filing. Your first step is to complete a credit counseling course through a provider approved by the court, within the 180 days preceding your filing.

You will also need to gather other important documents including two years of tax returns; the past six months of pay stubs; your most recent bank statements; your deed to property records; and a detailed list of all your debts and assets, to show your filing petition and because your trustee will expect this information.

Then you can file a bankruptcy petition under the right chapter. A Chapter 7 will discharge bankruptcy quickly through the liquidation of the non-exempt assets that you own; a Chapter 13 bankruptcy will allow a debt repayment plan over a period of three to five years; and a Chapter 11 bankruptcy will allow individuals or businesses with debt greater than a certain level to reorganize the payments.

You can file petitions and schedules with the U.S. Bankruptcy Court. An attorney can file the filings electronically, while a person filing their own bankruptcy file will follow the court clerk's instructions.

There are fees to file that are $338 to file a Chapter 7 bankruptcy, and $312 to file a Chapter 13 bankruptcy. You can pay the fees in installments and request fee waivers to help you with the fees.

After you file, you must attend the §341 meeting of creditors, where you will need a valid photo ID to get into the meeting. After this meeting, you will complete the counseling education for debtors, and respond to any communications from the trustee or court in a timely fashion. All of this will move your case toward a discharge or the completion of your repayment plan..

Tennessee Bankruptcy Types

The following are the chapters under which Tennessee residents may file a bankruptcy case:

Chapter 7 (Liquidation)

It is designed for individuals with low income and few non-exempt assets. The court gives an order to an appointed trustee to sell non-exempt property and repay a creditor.

Chapter 13 (Repayment Plan)

This is ideal for individuals with regular income who wish to reorganize their debts while protecting assets.

Chapter 11 (Reorganization)

This chapter is used by businesses or individuals with complex debt structures. These allow continuous operation while restructuring debt payment.

Step-by-Step Checklist for Tennessee Filers

Filing for bankruptcy in Tennessee is a structured legal process that allows individuals or businesses to manage overwhelming debts. Tennessee residents may take these steps to complete the bankruptcy procedure:

• Complete credit counseling course
• Gather tax, income, and asset documentation
• Choose the appropriate bankruptcy chapter
• File petition and schedules in the correct district
• Pay filing fee or request relief
• Attend the compulsory §341 meeting
• Complete debtor education course
• Respond to trustee or court communications until discharge

Tennessee Bankruptcy Court Districts & Record Access

There are three federal bankruptcy district courts in Tennessee, and each serves specific geographic regions of the state. These courts handle all bankruptcy filings and related matters within their jurisdictions.

Court Locations

The U.S. Bankruptcy Court for the Western District of Tennessee: This court has locations in Jackson and Memphis and hears a wide range of bankruptcy-related matters under federal jurisdiction. The Clark's office is open from 8:00 a.m. to 4:00 p.m. Mondays through Fridays. Members of the public may visit the clerk's office to find bankruptcy-related records at:

The U.S. Bankruptcy Court for the Eastern District of Tennessee: This court operates from three branches, including Chattanooga, Greenville, and Knoxville. It handles a full range of bankruptcy cases and related proceedings under federal law. The courthouse is open from 8:00 a.m. to 4:30 p.m. ET and is located at:

The U.S. Bankruptcy Court for the Middle District of Tennessee: It is located in Nashville and Cookeville. It has jurisdiction over federal cases involving individuals and businesses within its geographic region. The clerk's office is open from 8:00 a.m. to 4:00 p.m. The main address is located at:

Record Access

For online access (case details and information) to bankruptcy records, individuals may use the PACER (Public Access to Court Electronic Records) platform or thePACER Case Locator. Interested persons also have access to free but basic case information by phone through the Multi-Court Voice Case Information System (McVCIS). To find these case details, you may call this free automated voice service at 866-(222)-8029.