Debt Relief

A person can become overwhelmed with all of the material that is out there on Chapter 7 and Chapter 13 Bankruptcy. Below are questions that are frequently asked of our Tennessee bankruptcy attorneys regarding importance of bankruptcy and the filing process and procedures.

General Information Regarding the Bankruptcy Process

What exactly is bankruptcy?

Bankruptcy is a process designed to help consumers and businesses repay or eliminate their overwhelming amounts of debts under the protection of the courts.

Will bankruptcy wipe out all my debts?

While filing bankruptcy can help eradicate excessive debt, it does not wipe out all obligations. Working with a Tennessee bankruptcy lawyer will help clarify which debts can be discharged and which must still be paid.

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 allows most debts to be discharged in exchange for liquidating nonexempt assets. Chapter 13 involves creating a repayment plan to pay back part or all of your debt over time while keeping your property.

What form of bankruptcy should I use?

It depends on your debt level and income. Those above the median income may not qualify for Chapter 7, while individuals with secured debt above $1.1 million cannot use Chapter 13. Contact Clark & Washington to determine which fits your situation.

Who should I notify if I suspect a possible fraudulent filing?

Submit a signed letter to the U.S. Trustees with details about the person or business, case number, location, suspected fraud summary, and your contact information. The matter will be sent to the U.S. Attorney for review.

Can anyone qualify for bankruptcy?

While most people can file, not everyone qualifies for every type. Bankruptcy is designed for honest debtors who can no longer pay their bills. Previous filings may also impact eligibility.

How long does the bankruptcy process take?

Chapter 7 typically lasts 4–6 months, while Chapter 13 can take 3–5 years, depending on your repayment plan and case details.

What does my free consultation at Clark & Washington consist of?

You’ll meet one-on-one with a TN bankruptcy lawyer who will review your case and provide guidance. No forms or documents are needed for your initial meeting—just bring yourself.

Will I be able to obtain a mortgage after filing for bankruptcy?

Yes, but timing depends on loan type and bankruptcy chapter. FHA/VA loans usually require a 2-year wait after Chapter 7, or 12 months into Chapter 13 with court approval. USDA and conventional loans have longer waiting periods. You’ll still need to meet standard credit and income criteria.

How does bankruptcy affect senior citizens?

Many seniors file due to rising medical and living costs. Medical debt is easily discharged, retirement accounts are largely protected, and Social Security benefits are excluded from the means test. Consult a lawyer to protect home equity and other assets.

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Have questions about bankruptcy or wondering if it’s the right option for you? Our experienced team is here to provide clear answers and personalized support. Fill out the form to get started—your consultation is free, and your information is always kept confidential.

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