What are the Chapter 13 eligibility requirements in Tennessee?

## How to File Bankruptcy Chapter 13 in Tennessee

I am answering the question “How to file bankruptcy chapter 13 in Tennessee?” directly in this first paragraph. To file Chapter 13 bankruptcy in Tennessee, you must meet the eligibility requirements, complete a credit counseling course, gather required documents, fill out bankruptcy forms correctly, file them with the bankruptcy court, and make payments over 3-5 years under a court-approved repayment plan.

To file Chapter 13 bankruptcy in Tennessee, you must meet all eligibility requirements laid out in the U.S. Bankruptcy Code, Title 11, Chapter 13[4]. The main eligibility requirements are that you must have regular income and your debts must be under limits set by the code (under $419,275 for unsecured debts and under $1,257,850 for secured debts). Your income must be sufficient to make payments under a 3-5 year repayment plan[5].

You must complete a credit counseling course no more than 180 days before filing your Chapter 13 bankruptcy petition[4]. This pre-filing credit counseling course must be taken from a U.S. Trustee approved provider. Some approved providers of credit counseling courses in Tennessee include MoneySharp, DebtorCC, and Cricket Debt Counseling[3]. The course will teach you about your options before bankruptcy.

Before filing, you will need to gather documentation of your assets, income, expenses, debts, and other financial information. Your attorney will provide you with a checklist. Some common documents needed include tax returns, pay stubs, mortgage statements, car loan statements, credit card statements, other bills, and bank statements[3].

You will need to accurately fill out all required bankruptcy forms, including the Voluntary Petition, Schedules, Statement of Financial Affairs, and Chapter 13 Plan[5]. Your attorney will prepare the forms for you. The Chapter 13 Plan details how you will repay creditors.

To officially file for Chapter 13 bankruptcy, your attorney will submit the completed forms and filing fee to the Bankruptcy Court for the district you reside in: Middle District of Tennessee or Eastern District of Tennessee[3]. The court will assign a Chapter 13 trustee to your case.

Once your Chapter 13 bankruptcy is filed, you must begin making monthly payments to the trustee under your 3-5 year repayment plan as laid out in the Bankruptcy Code Chapter 13[4]. These payments will be distributed to your creditors. After completing all payments, your remaining dischargeable debts will be eliminated.

The Bankruptcy Code, Title 11, Chapter 13 governs the Chapter 13 bankruptcy process in Tennessee[4]. It sets out the eligibility requirements, procedures, and repayment plans that must be followed. Some key parts include:

Section 109(e) which limits the amount of debt you can have to file Chapter 13 bankruptcy
Section 1322 which covers what must be included in the Chapter 13 repayment plan
Section 1325 which covers confirmation of the repayment plan by the court

The Bankruptcy Court you file in will also have local rules that supplement the federal bankruptcy code procedures[3]. Make sure you follow all rules and procedures properly to successfully file Chapter 13 bankruptcy in Tennessee.

Key Takeaways

You must meet eligibility requirements related to income, debts, and credit counseling
Required financial documents must be gathered before filing
Bankruptcy forms must be accurately filled out, including the Chapter 13 Plan
File the petition and forms with the Bankruptcy Court in your district
Make monthly payments over 3-5 years under your court-approved repayment plan

Related Resources

Frequently Asked Questions

#To file Chapter 13 in Tennessee, you must have regular income and your debts must be under limits set by the bankruptcy code – under $419,275 for unsecured debts and under $1,257,850 for secured debts. Your income must be enough to make plan payments.

Where do I file for Chapter 13 bankruptcy in Tennessee?

You file in the federal Bankruptcy Court district where you live. Tennessee has two districts – Middle District of Tennessee and Eastern District of Tennessee.

How long does Chapter 13 bankruptcy last in Tennessee?

Chapter 13 bankruptcy repayment plans in Tennessee typically last 3-5 years before remaining dischargeable debts are eliminated. The exact length depends on your income.

What debts can be eliminated in Chapter 13 bankruptcy in Tennessee?

Most unsecured debts like credit cards, medical bills, and personal loans can be discharged in Chapter 13 bankruptcy in Tennessee. Some debts like student loans and alimony cannot be discharged.

Do I need an attorney to file Chapter 13 bankruptcy in Tennessee?

You can file Chapter 13 without an attorney, but it is highly recommended to hire one. An experienced bankruptcy attorney will help avoid mistakes and ensure proper filing.

Text of Relevant Tennessee Bankruptcy Code (Title 11, Chapter 13, U.S. Code)

The full text of Title 11, Chapter 13 of the U.S. Bankruptcy Code governing Chapter 13 bankruptcy filings in Tennessee can be found here: https://www.law.cornell.edu/uscode/text/11/chapter-13

Citations:

[1] http://www.tennesseebankruptcylaw.com/chapter13.html

[2] https://www.tnmb.uscourts.gov/understanding-bankruptcy

[3] https://www.nolo.com/legal-encyclopedia/filing-bankruptcy-in-tennessee-for-chapter-7-and-chapter-13.html

[4] https://www.uscourts.gov/services-forms/bankruptcy/bankruptcy-basics/chapter-13-bankruptcy-basics

[5] https://tryascend.com/bankruptcy/tennessee/chapter-13

[6] https://www.mayerandnewton.com/bankruptcy/chapter-13/

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