Table of ContentsWho can file for Chapter 7 bankruptcy in Tennessee?Tennessee’s Bankruptcy Exemptions: Can I keep my property? Tennessee is world-famous among music lovers, and it isn’t hard to see why. Crossing the state along I-40, drivers can quickly access such musical landmarks as Graceland in Memphis, the Country Music Hall of Fame in Nashville, and Dollywood in the Great Smoky Mountains. Thanks in large part to the tourism driven by attractions such as these — and the economic might of other industries captured in Tennessee’s motto — Tennessee has all but left the Great Recession behind. But even though the state has recovered from the economic woes of the last decade, enjoying a record low unemployment rate in July 2017, not everyone in the state has been so lucky. Between July 2016 and June 2017, more than 14,000 Tennesseans filed for bankruptcy protection under Chapter 7 of the U.S. Bankruptcy Code. This post provides a general outline of Chapter 7 bankruptcy in Tennessee. However, it cannot provide specific information as it applies to your circumstances. If you think Chapter 7 bankruptcy might be right for you, consult an experienced Tennessee bankruptcy attorney for help and more information. Who can file for Chapter 7 bankruptcy in Tennessee? The Bankruptcy Code’s venue rules require that a debtor file for bankruptcy where he or she has lived for most of the six months prior to filing. However, just because a bankruptcy case is properly filed in Tennessee does not mean that Tennessee’s bankruptcy exemptions will apply. Rather, the bankruptcy court where the case is filed will use the bankruptcy exemptions of the state where: The debtor has lived for two full years prior to filing; or, if the debtor has moved in that time, Where the debtor lived for most of the six months immediately preceding the two years before filing. Example: Troyal files for Chapter 7 bankruptcy in Tennessee on October 2, 2017. He has lived there since January 1, 2017. Before then, he lived in Iowa his entire life. Because Troyal has lived in Tennessee for the six months before filing, venue is proper in Tennessee. However, because he moved to Tennessee in the last two years, the court will use Iowa’s exemptions. Tennessee’s Bankruptcy Exemptions: Can I keep my property? Tennessee has “opted out” of the federal bankruptcy exemptions. As a result, when Tennessee law is used to determine bankruptcy exemptions, debtors can only use the exemptions defined under Tennessee law. They cannot use the federal bankruptcy exemptions defined in the Bankruptcy Code. Some of Tennessee’s most significant bankruptcy exemptions are outlined below. When an exemption is limited to a certain value, that value refers to a debtor’s equity in the property described — that is, the difference between the market value of the property and any debts secured by that property. Example: Rebecca owns a car worth $15,000. She owes $10,000 on a car loan she used to buy it. Her equity in the car is $5,000, so she can exempt it as personal property in a Chapter 7 bankruptcy in Tennessee. Except as otherwise noted below, when spouses jointly file for bankruptcy, they may “double” their exemptions. That is, each spouse can exempt property up to the limits specified in Tennessee law. Tennessee Bankruptcy Exemptions The top 5 exemptions under Tennessee state law. Type of exemptionTennessee law HomesteadUp to $25,000, depending on age and family status Personal property$10,000 aggregate value, plus $1,900 in tools of the trade, clothing, health aids, family books, and more VehicleNone, but you may use the wildcard exemption to exempt any personal property Wages75% of disposable earnings or 30 times the federal minimum wage; can be increased by $2.50 per week for each dependent child under 16 years old Pension/retirementQualified retirement plans are exempt, plus protections under federal law (with limits on IRAs and Roth IRAs) Homestead Tennessee exempts a person’s home from liquidation in a bankruptcy case. For the sole owner of a home who doesn’t meet any of the requirements listed below, that exemption is limited to $5,000. However, the following individuals are eligible for a higher exemption: Joint owners (e.g., spouses): $7,500 Individual at least 62 years old: $12,500 Married couple, only one of whom is at least 62 years old: $20,000 Married couple, both of whom are at least 62 years old: $25,000 Individual with custody of one or more minor children: $20,000 This exemption applies to leases of between two and 15 years and life estates. However, a home is not exempt if it was purchased with or maintained by fraudulently obtained funds. Vehicle Unlike many states, Tennessee does not provide an exemption specifically for automobiles. However, because automobiles are personal property, they may be exempted under the personal property exemption described below. Other Personal Property Tennessee specifically exempts the following types of personal property: Clothing used by the debtor and his or her family. Family portraits and pictures. The family Bible and school books. Archer medical savings accounts and health savings accounts. Certain welfare and insurance benefits. Subject to an aggregate limit of $15,000: A crime victim’s reparation award of up to $5,000; Compensation for personal injury up to $7,500; and Compensation for wrongful death up to $10,000. Any implements, professional books, and tools of the trade to an aggregate value of $1,900. Prescription health care aids. In addition, Tennessee provides an exemption for other personal property to the aggregate value of $10,000. However, an item purchased with or maintained by fraudulently obtained funds is not eligible for this exemption. Wages Tennessee exempts the greater of the following portions of disposable earnings from garnishment: 75% of disposable earnings for a workweek; or 30 times the federal minimum wage. This exemption can be increased by $2.50 per week for each dependent child under 16 years old. However, both the U.S. District Court for the Eastern District of Tennessee and the U.S. Bankruptcy Court for the Western District of Tennessee have held that this exemption is not available in bankruptcy cases. Pensions/Retirement Accounts A debtor’s interest in a qualified retirement plan is exempt under Tennessee law. Such plans are also protected under federal law, even in opt-out states like Tennessee. However, federal law exempts IRAs and Roth IRAs only up to $1,283,025. FacebookPinTweetEmail National Bankruptcy Forum Help us match you with a local attorney Free Bankruptcy Evaluation "*" indicates required fields First Name* Last Name* Phone* Email* Δ Leave a Reply Cancel replyYour email address will not be published. Required fields are marked *Comment * Name * Email * Save my name, email, and website in this browser for the next time I comment. Δ
Table of ContentsWho can file for Chapter 7 bankruptcy in Tennessee?Tennessee’s Bankruptcy Exemptions: Can I keep my property? Tennessee is world-famous among music lovers, and it isn’t hard to see why. Crossing the state along I-40, drivers can quickly access such musical landmarks as Graceland in Memphis, the Country Music Hall of Fame in Nashville, and Dollywood in the Great Smoky Mountains. Thanks in large part to the tourism driven by attractions such as these — and the economic might of other industries captured in Tennessee’s motto — Tennessee has all but left the Great Recession behind. But even though the state has recovered from the economic woes of the last decade, enjoying a record low unemployment rate in July 2017, not everyone in the state has been so lucky. Between July 2016 and June 2017, more than 14,000 Tennesseans filed for bankruptcy protection under Chapter 7 of the U.S. Bankruptcy Code. This post provides a general outline of Chapter 7 bankruptcy in Tennessee. However, it cannot provide specific information as it applies to your circumstances. If you think Chapter 7 bankruptcy might be right for you, consult an experienced Tennessee bankruptcy attorney for help and more information. Who can file for Chapter 7 bankruptcy in Tennessee? The Bankruptcy Code’s venue rules require that a debtor file for bankruptcy where he or she has lived for most of the six months prior to filing. However, just because a bankruptcy case is properly filed in Tennessee does not mean that Tennessee’s bankruptcy exemptions will apply. Rather, the bankruptcy court where the case is filed will use the bankruptcy exemptions of the state where: The debtor has lived for two full years prior to filing; or, if the debtor has moved in that time, Where the debtor lived for most of the six months immediately preceding the two years before filing. Example: Troyal files for Chapter 7 bankruptcy in Tennessee on October 2, 2017. He has lived there since January 1, 2017. Before then, he lived in Iowa his entire life. Because Troyal has lived in Tennessee for the six months before filing, venue is proper in Tennessee. However, because he moved to Tennessee in the last two years, the court will use Iowa’s exemptions. Tennessee’s Bankruptcy Exemptions: Can I keep my property? Tennessee has “opted out” of the federal bankruptcy exemptions. As a result, when Tennessee law is used to determine bankruptcy exemptions, debtors can only use the exemptions defined under Tennessee law. They cannot use the federal bankruptcy exemptions defined in the Bankruptcy Code. Some of Tennessee’s most significant bankruptcy exemptions are outlined below. When an exemption is limited to a certain value, that value refers to a debtor’s equity in the property described — that is, the difference between the market value of the property and any debts secured by that property. Example: Rebecca owns a car worth $15,000. She owes $10,000 on a car loan she used to buy it. Her equity in the car is $5,000, so she can exempt it as personal property in a Chapter 7 bankruptcy in Tennessee. Except as otherwise noted below, when spouses jointly file for bankruptcy, they may “double” their exemptions. That is, each spouse can exempt property up to the limits specified in Tennessee law. Tennessee Bankruptcy Exemptions The top 5 exemptions under Tennessee state law. Type of exemptionTennessee law HomesteadUp to $25,000, depending on age and family status Personal property$10,000 aggregate value, plus $1,900 in tools of the trade, clothing, health aids, family books, and more VehicleNone, but you may use the wildcard exemption to exempt any personal property Wages75% of disposable earnings or 30 times the federal minimum wage; can be increased by $2.50 per week for each dependent child under 16 years old Pension/retirementQualified retirement plans are exempt, plus protections under federal law (with limits on IRAs and Roth IRAs) Homestead Tennessee exempts a person’s home from liquidation in a bankruptcy case. For the sole owner of a home who doesn’t meet any of the requirements listed below, that exemption is limited to $5,000. However, the following individuals are eligible for a higher exemption: Joint owners (e.g., spouses): $7,500 Individual at least 62 years old: $12,500 Married couple, only one of whom is at least 62 years old: $20,000 Married couple, both of whom are at least 62 years old: $25,000 Individual with custody of one or more minor children: $20,000 This exemption applies to leases of between two and 15 years and life estates. However, a home is not exempt if it was purchased with or maintained by fraudulently obtained funds. Vehicle Unlike many states, Tennessee does not provide an exemption specifically for automobiles. However, because automobiles are personal property, they may be exempted under the personal property exemption described below. Other Personal Property Tennessee specifically exempts the following types of personal property: Clothing used by the debtor and his or her family. Family portraits and pictures. The family Bible and school books. Archer medical savings accounts and health savings accounts. Certain welfare and insurance benefits. Subject to an aggregate limit of $15,000: A crime victim’s reparation award of up to $5,000; Compensation for personal injury up to $7,500; and Compensation for wrongful death up to $10,000. Any implements, professional books, and tools of the trade to an aggregate value of $1,900. Prescription health care aids. In addition, Tennessee provides an exemption for other personal property to the aggregate value of $10,000. However, an item purchased with or maintained by fraudulently obtained funds is not eligible for this exemption. Wages Tennessee exempts the greater of the following portions of disposable earnings from garnishment: 75% of disposable earnings for a workweek; or 30 times the federal minimum wage. This exemption can be increased by $2.50 per week for each dependent child under 16 years old. However, both the U.S. District Court for the Eastern District of Tennessee and the U.S. Bankruptcy Court for the Western District of Tennessee have held that this exemption is not available in bankruptcy cases. Pensions/Retirement Accounts A debtor’s interest in a qualified retirement plan is exempt under Tennessee law. Such plans are also protected under federal law, even in opt-out states like Tennessee. However, federal law exempts IRAs and Roth IRAs only up to $1,283,025.