Areas Of Practice
Knoxville Bankruptcy Discharge. What is it?
Knoxville Bankruptcy? Still Pay Your Utility Bills
Knoxville Chapter 7 Bankruptcy?
Chapter 13 Bankruptcy Meeting of Creditors. Should I be Worried?
In Bankruptcy: Avoid Danger, Disclose All Your Assets to the Chapter 7 Trustee
I’m often asked, “Do I have to disclose that?” The question arises when folks are trying to come up with a plausible way to conceal an asset that has special value either in money or otherwise.
The answer is always, “In bankruptcy, you better disclose all your assets to the Chapter 7 Trustee.” The Bankruptcy Code requires the debtor to make a full and complete disclosure of all assets and all liabilities in the bankruptcy papers. Coupled with that requirement is the requirement to disclose all transfers of your property in the last year. One of the roles of the bankruptcy trustee is insure that the debtor discloses all of their assets. The purpose of the system is to provide for an orderly and fair distribution of assets to the unsecured creditors.
Despite repeated admonitions to disclose all assets some folks try to trick the system. Vicki Jean Fehrs is one of those people.
She filed her bankruptcy case in 2005 in Idaho but failed to make a full disclosure on her Read the rest of this entry »
How to Avoid DUI Conviction
All of us know that we should never, never, never drive an automobile after having a drink or six. Unfortunately, sometimes after drink No. 2, the rational part of you leaves you entirely. I saw this picture in a post on Alltop.com and it made me think about avoiding a DUI conviction in Tennessee. Now the Alltop.com article is about how to avoid a ticket of any kind. Understand
- A Sight You’d Prefer Not Seeing
that if you are arrested for DUI or DWI you won’t get a ticket. You’ll be taken to JAIL. The penalties for DUI only begin with 48 hours in jail for first offense and suspension of your driving privileges. The 48 hours is the beginning, however the judge can go much further, all the way up to 11 months and 29 days. If you already have one conviction on your record the penalties rise very quickly. Additionally, you’ll have the opportunity to pay really stiff insurance rates for at least 3 year.
So the obvious question is: How to Avoid a DUI Conviction?
First, at the risk of re-stating the obvious: Don’t drive after you have consumed alcohol of any kind in any amounts. This is the #1 way to insure you will not be convicted of DUI.
Second, if you are stopped by law enforcement, understand that everything you do and say will be used against you. There is very little you can say or do to stop the officer from arresting you. You have the right to remain silent. Use it!
Third, be compliant with the officer. Compliant is the opposite of combative. It’s a lot easier to resolve your DUI charge in a manageable manner if you insure you don’t do anything to incite the officer thereby raising the price of your circumstances.
Fourth, take note of your surroundings. The facts may make a huge difference in mounting your defense. Was the officer rushed. Was he hurried. Was his attention focused on something other than you. All these things could make a difference in resolving your case.
Finally, don’t go it alone. The economic consequences of a conviction will be with you for a long time. Seek the assistance of an experienced attorney who can help you evaluate your options and carry you through this very stressful situation. Remember: Arrested doesn’t mean Convicted.
How to Modify a Chapter 13 Bankruptcy Repayment Plan
Keep Your Home with a Chapter 13 if Your Plan is Feasible
Do I need to be a resident of Tennessee to file for Bankruptcy in Tennessee?
The short answer to the question of whether you have to be a resident of Tennessee in order to file bankruptcy in Tennessee is: YES, but . . .
You don’t have to be a resident very long however. You’ve got to be a resident of the state in which you file your bankruptcy case for at least 90 days before filing your petition.
However, if you haven’t lived in Tennessee for 90 days, then you can file in the state where you resided (or had your principal place of business) for a majority of the last 180 days before the filing of your bankruptcy case. This is true whether you are considering filing a Chapter 7 bankruptcy or a Chapter 13 bankruptcy or a Chapter 11 bankruptcy.
So let’s say you formerly were a resident of Tennessee, moved away during the last 60 days and are now a resident of South Carolina. You’ve live there for only 60 days, and in Tennessee for 120 of the last 180 days. In that case you’d file your Chapter 7 bankruptcy (or any other kind of bankruptcy) in Tennessee.