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Tennessee Bankruptcy Laws

One of biggest concerns when filing for bankruptcy is protection of assets. Exemptions allow for some of your assets to be retained even if you decide to file. In Tennessee, you are not allowed to utilize the federal exemption list and so you must solely rely on the state’s exemption list:


Homestead

$5,000; $7,500 for joint owners. Tenancies by the entirety are exempt without limit as to debts of one spouse. Spouse or child of deceased owner may claim. May also claim a life estate or a 2 to 15 year lease. If over 62 years of age, $12,500 for single people and $20,000 for married people; $25,000 if spouse is also over 62 years of age.

Personal Property

$4,000 of any personal property; clothing and storage containers; schools books, pictures, portraits, and bible; health savings accounts; health aids; lost earnings payments for yourself or a person you depended upon; personal injury recoveries up to $7,500; wrongful death recoveries up to $10,000 (LIMIT total of personal injury claims, wrongful death claims & crime victims' compensation cannot exceed $15,000); burial plot up to 1 acre.

Wages

The greater of the following: 30 times the federal minimum hourly wage or minimum of 75% of disposable weekly income, plus $2.50 per week per child. Judge may approve more for low income debtor.

Pensions

Tax exempt retirement accounts; Traditional and Roth IRAs up to $1,095,000 per person; public employees; state and local government employees; ERISA-qualified benefits; teachers.

Public Benefits

Relocation assistance payments; unemployment compensation; veterans' benefits; Social Security; local public assistance; crime victims' compensation up to $5,000; workers' compensation; old-age assistance; aid to blind; aid to disabled.

Tools of the Trade

Tools, books, and implements of trade up to $1,900.

Insurance

Disability, accident or health benefits for a resident and citizen of Tennessee; disability or illness benefits; life insurance or annuity; fraternal benefit society benefits.

Miscellaneous

Alimony and child support which is owed for at least 30 days prior to filing for bankruptcy; educational scholarship trust funds and prepayment plans.

After establishing the best type of bankruptcy for your situation and the exemptions that you will be, taking advantage of, your attorney can help you file the petition for bankruptcy with the court. The bankruptcy trustee will likely arrange a 341 meeting so that any of your creditors’ questions about payments and other related issues can be answered. If your petition for bankruptcy is approved, you will then be able to walk away debt-free (Chapter 7) or start working to that end within just a few years (Chapter 13).