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Selling a House with No Equity in Chattanooga, TN

Getting Permission to Sell or Transfer Property

Generally, you cannot sell, refinance, gift or dispose of any of your property during your Chapter 13 case without the approval of the Bankruptcy Judge.  This includes your house, car, appliances, furniture, jewelry, etc.  Whether the property was acquired before or after you filed your case does not matter.  Whether you paid for the property or the Trustee is making payments on the property does not matter.  If you want to sell any property, then…

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Frequently Asked Questions

The Chapter 13 Trustee Booklet, available online here, contains useful information about Chapter 13 and your obligations as a debtor.  Please read it carefully.  A list of common questions with brief answers is provided below.  For additional information, please explore this website for a variety of useful topics.  Links are provided on the left side of this page.  If, after reviewing the information available on this website, you still have questions, please contact your attorney. …

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Meeting of Creditors Dockets

Typically, meetings of creditors are held every Monday and Tuesday for Chattanooga cases and every Monday afternoon for Winchester cases.  There are times when this schedule may vary, so please be sure to consult the court record for the noticed hearing date and time.  For your convenience, dockets for the meetings of creditors for both Chattanooga and Winchester are available by noon two (2) business days prior to the scheduled meeting date.

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Glossary of Bankruptcy Terms

Adversary Proceeding: A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. Assume: An agreement to continue performing duties under a contract or lease. Automatic Stay: An injunction that automatically stops lawsuits, foreclosures, garnishments and all collection activity against the debtor the moment a bankruptcy petition is filed. Bankruptcy Code: The informal name for title 11 of the United States Code (11 U.S.C. §§ 101-1330),…

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What are My Responsibilities in Chapter 13?

Chapter 13 is a form of bankruptcy available to individuals or families with regular income that are experiencing difficulty paying their debts.  During the life of your Chapter 13 case, you will be referred to as a “debtor.”  This describes a person who is under the protection of the United States Bankruptcy Court.  Chapter 13 is a long-term commitment of debt repayment, and you are to be commended for accepting responsibility of repaying your creditors. …

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Keeping Your Attorney Informed

The Chapter 13 Trustee communicates by mail with Chapter 13 debtors.  The Trustee sends out financial information, notices and legal pleadings using the debtor’s mailing address maintained in the Bankruptcy Court records.  If the Trustee does not have each debtor’s accurate name and address, these items are not delivered and are returned to her Office.  You are required to maintain an accurate address in the Trustee’s database and in the Bankruptcy Court’s records.  If you…

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Getting Permission to Incur New Debt

In Chapter 13, you are not permitted to borrow or use any other form of credit unless you have written permission from the Bankruptcy Judge or the Chapter 13 Trustee.  The only exception for borrowing without prior approval is in the case of an emergency for the protection and preservation of life, health or property.  This prohibition against borrowing applies to any member of your family that is supported by you, whether they are under…

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Plan Completion

Case Closure at Trustee’s Office After receiving all required payments under the plan (including any tax refunds owed) and completing an audit to determine that all amounts owed were received, the Chapter 13 Trustee will file a Certificate of Final Payment with the Bankruptcy Court.  The Certificate of Final Payment tells the Court that the debtor has completed all the necessary payments under the plan.  A copy will be mailed to the debtor and debtor’s…

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For Debtors

Welcome to the Chapter 13 program!  A person who files for bankruptcy relief is called a “debtor.”  This section of the Chapter 13 Trustee’s website is for debtors — it provides information about your duties as well as information about what to do when life happens during your Chapter 13 case.  Please review the links to the left; they contain the answers to many questions. Throughout this process it is important that you know your…

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Making Plan Payments

Once you file your Chapter 13 Petition, your payment requirements begin immediately and your first payment is due within 30 days.  Thereafter, you must make your plan payments on time and in full each month.  You may make payments by wage order, by mail or by TFS Bill Pay.  We DO NOT accept cash. Wage Orders A wage order directs your employer to deduct your Chapter 13 plan payment from your wages and send it…

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