Areas Of Practice
Did Your Representative Take Away Real Protection for Homeowners from Fast Foreclosure?
Last September, the Tennessee legislature passed a huge bill that gave significant relief to homeowners struggling to avoid foreclosure. The Bill (converted to an Act when it became law) require any lender who desires to foreclose on a deed of trust to first give written notice to it’s borrower (the homeowner) that it had a right to foreclose on the mortgage. This created a real level of protection Tennessee residents because Tennessee has one of the fastest processes that allows a bank to take away your home in the United States. Because I file a number of Chapter 13 bankruptcies to help people protect their home from foreclosure, this bill was of significant interest. If you are facing foreclosure and you live in Knoxville, Maryville, Sevierville or surrounding areas, your house can be foreclosed by your bank in less than 23 days (prior to September 2010). With the enactment in September of the 60 day notice requirement it would take nearly 90 days to foreclose. (Note that the 60 day notice would only have to be given once every twelve months.)
So this week we are reminded, “What the legislature given, it also may take away.” The Tennessee Bankers Association lobbied for and was able to get passed a bill that creates an exemption from sending a 60-day advance notice of foreclosure (SB 1451/HB 1921). The Exemption Bill passed by unanimous votes on both the Senate and House floor Thursday morning. Ouch!
Of course the Exemption Bill didn’t get much press. After all, in order to take advantage of the exemption, the Lender must meet in-person with the borrower within 180 days prior to publishing notice of foreclosure. Additionally, the Lender must execute an affidavit stating the time and place of the meeting and the affidavit must be attached to the trustee’s deed.
So here’s the deal. You get behind on your loan at the bank. Your loan officer calls and asks you to come to the bank to Read the rest of this entry »
How to React to a Non-Dischargeability Complaint in Bankruptcy
Most Chapter 7 cases proceed in a fairly rapid pace. In Knoxville, the bankruptcy discharge is usually granted within about 120 days of the actual filing of the case.
However, sometimes you get a lawsuit filed against you known as a Non-Dischargeability Complaint. So what is it and what should you as the Debtor do?
A Non-Dischargeability Complaint in a bankruptcy is a new lawsuit filed against the debtor asserting that a specific debt should not discharged. The case is filed allowed under the bankruptcy code. The five most common debts for which a Non-Dischargeability Complaint may be filed are:
- Debts arising from a domestic relations order (alimony, child support, etc)
- Debts arising from a DUI, including fines or penalties
- Debts arising from fraud (like misrepresentation or violation of the consumer protection act)
- Debts arising from taxes less than 3 year old
- Debts arising student loans
Understand that if the non-dischargeabilty complaint is filed and you do not defend it, then the court will most likely enter an order finding that you still owe the debt even if all your other debts are discharged.
Therefore, the first thing you should due if you receive the Summons and Complaint is contact an experienced bankruptcy attorney. The attorney that filed your case may not have been retained to defend this type of case. Since these lawsuits arise in only a small percentage of cases, the attorney likely did not collect a fee to defend this case. Read the rest of this entry »
LITIGATION
The firm provides litigation support for each of Scott Law Group’s other practice areas. Our attorneys have extensive trial experience in both state and federal courts through Tennessee. We recognize litigation is often expensive, prolonged, and recovery does not always meet a persons expectations. Our goal is to assist our clients in solving their problems in the most cost effective and efficient manner available including negotiation, arbitration, mediation, or trial.
ESTATE PLANNING
Our firm provides a variety of estate planning services including wills, trusts, trust administration, probate, powers of attorney, and health care powers and directives. Additionally, our firm is equipped to represent administrators and executors of estates to admit a will to probate and handle all facets of the estates distribution to beneficiaries and the payment of creditors.
PERSONAL INJURY
Our firm has substantial experience in the practice of personal injury law, including wrongful death, auto accidents, trucking accidents, motorcycle accidents, product liability/recalls, defective products, brain/head injuries, burn injuries, spinal cord injuries, back injuries, toxic torts, premises liability, dog bites, and nursing home abuse.
Vehicle Accidents
If you have been involved in a car wreck, truck accident, or any other type of motor-vehicle collision, you need the guidance of an experienced personal injury attorney. We have provided counsel to victims with catastrophic injuries. It is important to select an experienced attorney who is familiar with the idiosyncrasies and bureaucracies of individual insurance companies, and we will fight hard to ensure you receive the best settlement possible.
Medical Malpractice/ Nursing Home Abuse
Medical malpractice generally involves the negligence of a physician or healthcare provider during the diagnosis or treatment of a patient. Claims may arise from the intentional misconduct of a physician, a physician failure to obtain proper informed consent from a patient, or general negligence that does not meet the accepted practice standards of the physicians professional community.
Wrongful Death
When a person is killed due to the negligence or misconduct of another individual, company or other entity, the situation is always painful and tragic for the surviving family. It is essential to have an experienced attorney to act on your behalf so that you may have the opportunity to heal along with your family.
BANKRUPTCY
FAQ | Ten Features of the Bankruptcy Reform Act
The enactment of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 has substantially changed the method in which a debtor, individual or business, may seek relief from creditors. Our firm has maintained an active bankruptcy practice assisting both individuals and businesses and are prepared to facilitate the efficient resolution of our client consumer or commercial bankruptcy.
Consumer Bankruptcy
Consumers generally seek relief from their debts under Chapter 7 and Chapter 13 of the Bankruptcy Code. In theory, a Chapter 7 Bankruptcy is more or less a straight liquidation of the consumer’s assets in exchange for a discharge of their debts. Any assets not considered exempt under state law are turned over to a Bankruptcy Trustee who may sell the assets and distribute the proceeds equally among the creditors. However, in practice, most consumers are able to keep their home and vehicles, along with personal effects, so long as they remain liable on those debts after bankruptcy.
A Chapter 13 Bankruptcy, in some ways, is similar to a debt repayment program. In a Chapter 13 Bankruptcy, the consumer files a Chapter 13 Plan agreeing to repay as much debt as possible based on their disposable income over a three to five year period. Depending on the consumer’s unique financial situation, some debts must be repaid and other receive very little to no repayment at all.
For further information, please read our FAQ.
Commercial Bankruptcy
Just like consumers, businesses sometimes find themselves in the uncomfortable position of being unable to pay their debts in a timely manner. However, seeking a reorganization under Chapter 11 is often not cost effective for many small businesses, and a straight liquidation is necessary. Our firm has represented a variety of businesses, including corporations and single asset real estate organizations, in facilitating a Chapter 7 and 11 Bankruptcy from start to finish. We are prepared to analyze your financial status and goals to assist you in making the best choice available.
A debt relief agency. We help people file for bankruptcy relief under the bankruptcy code.
REAL ESTATE
Our firm has an extensive residential and commercial real estate practice wherein we provide a complete range of services from contracts to closings and title abstracts to title insurance. Our real estate clients include realtors, brokers, developers, contractors, private investors, and numerous homeowners.
Title Insurance Services
As an instrumental component of our real estate practice, our firm routinely assists clients by performing title searches, preparing title opinions, and reviewing the status of title reports. The firm is also approved to issue title insurance commitments and policies on behalf of major national title insurance underwriters including American Title Insurance Company.
Residential Real Estate Transactions
Our firm has a full service closing staff to facilitate the quick and efficient closings of both residential and commercial real estate transactions.
Commercial Real Estate Transactions
The firm represents individuals, partnerships, limited liability companies, and private and publicly held corporations in real estate acquisition, financing, development, construction, commercial leasing, land use, management and disposition including tax-deferred (Section 1031) like kind exchanges.
BUSINESS & COMMERCIAL
At any critical stage in a business’ development, it is important to retain experienced legal counsel with generous experience organizing and advising businesses, both small and large. Our firm has over 30 years of combined experience in providing legal advice on a variety of business matters arising at all stages in the life of a company. Our attorneys have assisted hundreds of businesses in the Southeastern United States and offer a wide variety of services, including:
- Organizing and advising business entities such as corporations, limited partnerships, limited liability companies, and general partnerships
- Negotiating and document drafting for mergers and acquisitions, sales of stock, sales of assets, initial public offerings, and related transaction
- Negotiating and drafting contracts, leases, employment agreements and similar documents
- Structuring commercial real estate acquisitions including complex 1031 exchanges, performing due diligence inquiries, and advising on finance issues
BUSINESS FORMATION
New business owners face a myriad of issues in getting their company of the ground. Not the least of which are the many legal implications that arise no matter the character of your business. Our firm has extensive experience in forming and organizing several types of entities, including:
- Corporations
- Professional Corporations
- Limited Liability Companies
- Professional Limited Liability Companies
- General Partnerships
- Limited Partnerships
- Limited Liability Partnership
Our attorneys will assist in the selection of the entity, prepare all organizational documents, and prepare resolutions for ongoing business activities.

