Bankruptcy FAQs Experienced & Certified Bankruptcy Attorneys

Bankruptcy FAQs

  • Q:How often can I file bankruptcy?

    A:A debtor can receive a Chapter 7 discharge once every eight years. Under certain circumstances, a Chapter 7 can be followed by a Chapter 13.

  • Q:When will creditors stop harassing me?

    A:Generally, a debtor is “fair game” for a creditor until a bankruptcy petition is actually filed with the court. As a practical matter, however, most creditors will cease collection efforts once the attorney has been retained to file.

  • Q:I’ve already been sued. Can bankruptcy help me?

    A:A bankruptcy filing will automatically stop all collection efforts. If you have been sued, but the bankruptcy is filed before a judgment is entered, no judgment can be entered. If a judgment has been entered, collection of the judgment is stopped.

  • Q:How long will bankruptcy stay on my credit record?

    A:10 years. No one can legally remove a bankruptcy notation from a credit record if 10 years have not elapsed. Do not trust anyone who says that bankruptcy notations less than 10 years old can be removed, especially if they want to charge a fee to do this.

  • Q:Do many people file for bankruptcy protection?

    A:Absolutely! According to the American Bankruptcy Institute in a recent press release, bankruptcy filings nationwide for the 1997 calendar year were at an all-time high–over 1.4 million petitions. In the Eastern District of Tennessee, over 10,000 petitions were filed in 1997.

  • Q:Will I ever get credit again? Will I be able to buy a home?

    A:There is no magic formula to rebuild credit after a bankruptcy. Obviously, a debtor who has just completed bankruptcy will want to make timely payments on continuing obligations, such as utilities, rent/mortgage payments, car payments, etc. in order to rebuild the credit record. Another way to help rebuild credit is through the judicious use of a secured credit card. Once two years have elapsed after the discharge, creditors start to look favorably about granting credit. Obviously, the reason why someone files for bankruptcy comes into play here. Home mortgage loans are generally available to a debtor after two years have elapsed (assuming the person otherwise qualifies for the loan).

  • Q:What are the ramifications of filing bankruptcy?

    A:Quite frankly (in our personal opinion), aside from one’s ability to get future credit, the primary negative aspect of filing bankruptcy is the personal and emotional feelings a person may have about bankruptcy.

  • Q:Can I leave some creditors off of my bankruptcy petition? Do I have to list all of my debts?

    A:All debts owing as of the time of a filing of a bankruptcy petition must be listed on the schedules; no creditor can be left off. This applies even to debts owed to friends or relatives. When a person signs a bankruptcy petition, he or she is certifying under penalty of perjury that all assets and all liabilities (debts) are listed on the petition. Additionally, at the time of the meeting of creditors, a debtor will be asked under oath if all assets and liabilities have been listed. This does not mean, however, that certain debts cannot be reaffirmed. Even if a debt has been discharged, the bankruptcy code is very specific that nothing prohibits the voluntary repayment of a discharged debt. On secured debts such as car and home loans, the debtor still lists that debt on the petition, but can reaffirm the debt in order to keep the property.

Why Choose Our Firm?

The Difference is Clear
  • Board Certified Bankruptcy Attorneys

    Our attorneys are among the most knowledgeable in East Tennessee and are Board Certified Bankruptcy attorneys.

  • $0 Down for Chapter 13

    We charge zero legal fees to start a Chapter 13 case.

  • $0 Down for Chapter 7

    We charge zero legal fees to retain our firm to represent you in a Chapter 7.

  • Affordable & Flexible

    We offer free consultations and take online payments for your convenience.

  • Over 50,000 Cases Filed

    We have successfully filed over 50,000 cases in the Eastern District of Tennessee.

  • Caring & Effective

    We have experienced attorneys and well-trained staff to ensure your case is handled effectively and with care.

Client Testimonials

Hear It From the People We Have Helped
  • You will always hold a special place in my heart.

    “I only had the pleasure of working with this office for a couple short years. These were some of the hardest years of my life and they helped tremendously with easing some of my burdens. This office ...”

    - Kyle Gartman
  • Best office around!

    “If you have any questions any member is quick to get back to you and ensure you are taken care of. I went in with false pretenses of bankruptcy and they pointed me in the right direction, extremely ...”

  • Very Professional

    “They are very professional and always answered any questions that we had. would recommend this office for any help that you need. thanks again for everything”

    - Mary Neal
  • I cannot recommend them enough.

    “Very happy client. The attorneys and staff went above and beyond to help me resolve my issues. They were polite, understanding, and passionate about my case. They always had my interests in mind, ...”

    - Casey
  • I can’t say enough good things about this Firm.

    “They were able to help us to easily navigate the bankruptcy process, they were kind and knowledgeable, and treated us with dignity through a process that can be extremely distressing. John Newton is ...”

    - Helen Carlyle

Our Practice Areas

Discover the Best Option for You

We understand that dealing with creditors while trying to pay off past due bills can be overwhelming. But with our experienced bankruptcy lawyers in your corner, you can feel confident knowing your best interests will be represented throughout each phase of the legal process. Our firm proudly offers the following legal services to clients residing in Morristown, Knoxville, and Sevierville:

Schedule a Free At-Home Consultation

For your convenience we offer free consultations over the phone or by video. Contact us today.

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