Jun 12, · Court: Sixth Circuit › Tennessee › US District Court for the Western District of Tennessee Type: Bankruptcy › Bankruptcy Appeal () Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. Tennessee Western Bankruptcy (U.S. Bankruptcy Courts) Jefferson Ave., Rm. , Memphis, TN , USA. Tennessee Western District Bankruptcy Court Filing Statistics Following are quarterly bankruptcy filing statistics for the Tennessee Western District Bankruptcy Court. These statistics are courtesy of the U.S. Courts website (karacto.xyz). Consumer Bankruptcy Filing Statistics.
A trustee can be a private individual or corporation in Chapter 7, 12, and 13 cases, in addition some Chapter 11 cases can also have a bankruptcy trustee. The trustee is also able to bring actions against both the creditor or debtor in a bankruptcy filing in order to recover property of the estate.
A bankruptcy discharge removes the obligation and liability from the debtor for certain debts. The debtor can no longer be held responsible to repay the debts that were discharged in a bankruptcy.
This is a permanent and the creditor can no longer pursue the debtor for repayment of any kind. It is illegal for the creditor to pursue any form of collection action against the debtor for a discharged debt including written correspondence or phone calls.
A discharge removes personal liability, but any liens that were not voided in the bankruptcy remain valid. For Chapter 7 cases, a discharge may take place in as little as 4 months from the filing of the bankruptcy petition.
For Chapter 12 and 13 cases, the discharge only takes place AFTER all re-payments have been made to fulfill the payment plan outlined in the bankruptcy case. This is normally in years. If their income is less than the state median income, they can file for Chapter 7 bankruptcy. The debtor may rebut a presumption of abuse only by a showing of special circumstances that justify additional expenses or adjustments of current monthly income.
Bankruptcy rules and procedures are written in Title 11 of the United States Code, these are referred to as the Federal Rules of Bankruptcy. Most of the bankruptcy process is administrative.
For Chapters 7, 12, and 13 the bankruptcy trustee performs most of these administrative activities. Potential individual bankruptcy filers must complete a credit counseling class and receive a certificate prior to actually filing for bankruptcy. This can be done online in about an hour. There are certain exemptions to the assets that the Debtor is entitled to keep.
In general, there are little to no assets that the Debtor has to liquidate, so the Creditors will not receive anything under this type of bankruptcy filing.
In most circumstances, the Debtor is an individual and will receive a discharge that releases them from the liability of the debts. It usually takes a few months from the initial filing to the receiving of the discharge. Chapter 13 is designed for a Debtor who has a regular source of income.
In making its decision, the court looks to the requirements for determination under the U. Bankruptcy Code. Chapter 13 is different from Chapter 7 because the Debtor usually remains in possession of the property usually the house , and makes payments to the Creditors for the duration of the payment plan.
Also a difference from Chapter 7, is that the Chapter 13 Debtor does not receive a discharge until all the payments required under the plan are made. One other advantage is that the discharge under Chapter 13 is broader than under Chapter 7 ie.
Chapter 11 is normally used by commercial enterprises that wish to keep operating a business and repay Creditors through a debt repayment plan approved by the bankruptcy court. During the first days, the Debtor has the exclusive right to file a plan of reorganization and provide Creditors with a disclosure statement that provides the Creditors with enough information to evaluate the plan. The bankruptcy court makes the ultimate decision to approve or reject the reorganization plan.
Under the plan for reorganization, the Debtor can reduce its debts by discharging some or repaying only a portion of its obligation under the original debt.
Under this Chapter, the Debtor undergoes a period of consolidation and leaves with a reduced debt load and reorganized business. Chapter 12 is written specifically for farmers of fisherman. The procedures under Chapter 12 are very similar to those under Chapter Like Chapter 13, under Chapter 12, there is also a trustee appointed to to disperse payments to Creditors.
Under Chapter 12, a fisherman or farmer is able to continue operating a business while the repayment plan is carried out. More information and photo. Criminal Justice Act Plan amended October Visit the CJA Portal for updated compensation tables.
Due to a glitch involving the public comments mailbox, the period for public comments has been extended until December 7. If you previously submitted comments, we ask that you please resubmit them. Comments should be submitted to PublicComments tnwd. You can login, and run docket sheets, but you cannot view documents, or docket anything.
Attorneys who cannot meet filing deadlines due to this issue should see section We will post an update when we have further information. Announcement and Job Description Application. The revisions are posted for the period of October for public comment. Fallon of the Eastern District of Louisiana has issued an order preliminarily approving a class action settlement and preliminarily certifying a settlement class in the multi-district litigation case In Re: Chinese-manufactured Drywall Products Liability Litigation.
Further information is available at www. Order Notice of Settlement. Norris , discussing his transition from state Senate majority leader to federal judge. Probation Officer Assistant. Read the complete article, starting on page 14, here. Magistrate Judge York commenced his official duties on March 18, A public investiture ceremony will be held at a later date.
More information. Bryant retired from the Court after ten years of outstanding service to the Western District of Tennessee. More about Judge Bryant and his service to this Court. The new rates apply to services performed on or after February 15, The attached memorandum includes important information about the returns and the ability of online retrieval of Form MISC.
The current committee opening is for one civil practitioner. Pursuant to the Committee's Bylaws, the Committee is composed of practicing attorneys who maintain the majority of their practice in the Western District of Tennessee.
In addition, candidates should be admitted to practice before the Court, be in good standing, have extensive practice before the federal District Court, have knowledge of the laws and procedures governing practice before the Court, and have sufficient trial experience to attest to the candidates' appreciation of the nuances of the practical application of the Local Rules and the law.
Candidates will also be reviewed in an effort to maintain diversity among the Committee representative of the legal community of the Western District. Candidates are expected to be able to fulfill the requirements of the three-year term as a Committee member, including regular attendance at Committee and Subcommittee meetings, which occur on at least a quarterly basis.
Nominations must be submitted to Jennifer Hagerman at jhagerman bpjlaw. Pretrial Services Officer The U. Magistrate Judge Edward G. Bryant The U. Martin Luther King, Jr. District Court held two panel discussion related to City of Memphis v. King, litigation over Dr. King's right to march with striking sanitation workers. Video of the panel discussions are available here.
Norris, Sr. Norris took the Oath of Office in a private ceremony on November 8, , to serve as a federal district judge for the United States District Court for the Western District of Tennessee and has commenced his official duties. A public investiture ceremony will be held on January 11, Magistrate Judge Tu M.
Pham is due to expire on April 20, The current term of U.