Learn how Tennessee's bankruptcy exemptions protect your home, car, personal property, and more.
Updated 8/29/2023
Why Trust Us?
Fact-Checked
Nolo was born in 1971 as a publisher of self-help legal books. Guided by the motto “law for all,” our attorney authors and editors have been explaining the law to everyday people ever since. Learn more about our history and our editorial standards.
Each article that we publish has been written or reviewed by one of our editors, who together have over 100 years of experience practicing law. We strive to keep our information current as laws change. Learn more about our editorial standards.
Tennessee bankruptcy exemptions protect your property in bankruptcy, and becoming familiar with bankruptcy exemptions before filing will help you determine whether your assets will be at risk.
If you have more questions, read Filing Bankruptcy in Tennessee. You'll find answers, helpful checklists, and an interactive bankruptcy quiz link.
How Do Bankruptcy Exemptions Work?
Bankruptcy helps struggling people get back on their feet by lessening their debt burden, not stripping them of everything they own. Exemptions allow bankruptcy filers to keep things needed to maintain a home and employment.
But paying creditors is also an important consideration. Bankruptcy exemptions balance these interests by letting filers keep necessary property but not unnecessary luxury items. Creditors receive bankruptcy funds when a bankruptcy filer owns "nonexempt" property not covered by a bankruptcy exemption.
How Do I Use Tennessee Bankruptcy Exemptions to Protect Property?
You'll compare your property to Tennessee's exemption laws. In most states (not all), debtors can use exemption laws to keep property from a creditor's reach in and outside bankruptcy.
Example. Big Creditor sued Ronin and received a $5,000 money judgment. When Big Creditor attempted to "levy" or remove money from Ronin's bank account, Ronin objected in court. Because the state's exemption law allowed Ronin to protect $1,500 of funds in a bank account, Big Creditor could seize only $3,500.
Example. When Maria filed for bankruptcy, she also had $5,000 in her checking account. She listed the state's $1,500 cash exemption in her bankruptcy petition and gave the nonexempt $3,500 to the bankruptcy trustee.
Will Tennessee Bankruptcy Exemptions Protect My Property?
Yes, but you must use the Tennessee bankruptcy exemptions because the federal bankruptcy exemptions aren't available in this state. However, Tennessee filers can use the federal nonbankruptcy exemptions. You'll find both lists below.
In many cases, married filers can double the exemption amount when filing together when they both own the property. Check with a local bankruptcy lawyer for specifics.
What Are Commonly Used Bankruptcy Exemptions in Tennessee?
Tennessee bankruptcy filers can protect home equity using the Tennessee homestead exemption, equity in a car using the Tennessee motor vehicle exemption, and more.
Tennessee Homestead Exemption
Generally, the homestead exemption protects equity in the home you live in. Tennessee homeowners can exempt up to $5,000 of equity in a home or other property serving as their principal place of residence. The amount increases as follows:
- $7,500 for co-owning spouses filing jointly
- $25,000 for a filer with a minor dependent child in the household
- $12,500 for an individual 62 years of age or older
- $20,000 if one spouse is older than 62 and the other is younger, and
- $25,000 if both spouses are 62 years old or older.
(§ 26-2-301.) Learn more about qualifying for Tennessee's homestead exemption in bankruptcy and other requirements for protecting your home in bankruptcy.
Tennessee Motor Vehicle Exemption
Tennessee doesn't have a motor vehicle exemption. But you can use the $10,000 wildcard exemption discussed below to exempt car equity.
Example. Jolene owns a 2008 Toyota Camry worth $12,000. She owes the dealer $10,000, leaving $2,000 of equity. She can file for bankruptcy in Tennessee and use the $10,000 wildcard exemption to protect her vehicle fully.
Learn more about protecting cars in bankruptcy.
Tennessee Wildcard Exemption
In Tennessee, you can use the wildcard exemption to exempt any personal property of your choosing, cash, and funds in a bank account up to a value of $10,000 (no real estate). (§ 26-2-103.)
Tennessee Retirement and Pension Benefits
Most tax-exempt pensions and retirement accounts are exempt because federal law lets filers keep tax-exempt retirement accounts in bankruptcy. These retirement accounts include 401(K)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs, and traditional and Roth IRAs to $1,512,350 per person. (11 USC 522(b)(3)(C), (n); amounts valid for bankruptcy cases filed between April 1, 2022, and March 31, 2025.)
You can check with your fund to determine if it qualifies for tax-exempt status. Additionally, Tennessee provides that the following pensions and retirement accounts are exempt under Tennessee law:
- Tennessee Consolidated Retirement System benefits. (§ 8-36-111.)
- State pension or retirement plan. (§ 26-2-105(a).)
- ERISA-qualified benefits. (§ 26-2-111(d).)
- Teachers' retirement benefits. (§ 49-5-909.)
MoreTennessee Bankruptcy Exemptions
- Clothing, family pictures, school books, and a Bible. (§ 26-2-104.)
- Health savings accounts. (§ 26-2-105(b).)
- 75% of earnings or 30 times the Federal minimum wage per week (plus $2.50 per child). (§§ 26-2-106, 107.)
- Personal injury recoveries to $7,5000, wrongful death recoveries to $10,000; loss of future income reasonably necessary to live. (§ 26-2-111(2)(B),(C), (3).)
- Implements, books, and tools of the trade up to $1,900. (§ 26-2-111(4).)
- Professionally prescribed health aids. (§ 26-2-111(5).)
- Liquid child support assets owed. (§ 26-2-111(6).)
- Burial plot. (§ 26-2-305.)
- College education savings plan and scholarship benefits. (§§ 49-7-822, 4507.)
- Aid to the blind, aged, and disabled. (§§ 71-4-117, 1112; 71-2-216.)
- Crime victims' compensation up to $5,000. (§§ 26-2-111(2)(A).)
- Local public assistance. (§ 26-2-111(1)(A).)
- Social security, Veterans, disability, unemployment, and illness benefits; public assistance. (§§ 26-2-111(1)(A)-(C); 50-6-223, 1349.)
- Criminal injuries compensation. (§ 29-13-111.)
- Workers' compensation except for support obligations. (§ 50-6-223.)
- Aid to the aged, children, and individuals with disabilities. (§§ 71-2-216; 3-121; 4-117 and 1112.)
- Accident, health, or disability benefits. (§ 26-2-110.)
- Life insurance or annuity. (§ 56-7-203.)
- Fraternal society benefits. (§ 56-25-403.)
How Do I Find Tennessee Bankruptcy Exemptions?
Tennessee's exemption amounts adjust periodically. To find the Tennessee Code, go to the Tennessee Codes or consult with a bankruptcy lawyer. LegalConsumer.com also updates bankruptcy exemptions regularly. The best way to verify exemptions is by consulting a local bankruptcy lawyer.
What Happens to Property I Can't Exempt in a Tennessee Bankruptcy?
One of two things will happen. You'll either lose nonexempt property or pay to keep it, depending on whether you file for Chapter 7 or Chapter 13. Here's how it works.
In Chapter 7, the bankruptcy trustee sells nonexempt property and distributes the proceeds to creditors. In Chapter 13, filers pay the value of the nonexempt property to unsecured creditors. Learn about secured and unsecured debt in bankruptcy.
The procedural differences are necessary because filers can keep all property in Chapter 13 but not in Chapter 7. Without different systems, creditors would receive less in Chapter 13 than in a Chapter 7 case.
Example. Suppose you couldn't exempt a motorcycle in Chapter 7, and the Chapter 7 trustee sold it and paid unsecured creditors $10,000 after deducting sales costs. If you filed for Chapter 13, you'd pay unsecured creditors at least $10,000 through the Chapter 13 repayment plan to keep the motorcycle.
What Are the Differences Between Chapters 7 and 13 Bankruptcy?
Chapter 7 works for people who can't afford to repay creditors. Chapter 13 filers typically earn too much to qualify for Chapter 7 and must pay into a five-year repayment plan. Before filing for bankruptcy, you'll take a "means test" to determine whether you qualify for Chapter 7 or 13.
Occasionally, people qualifying for Chapter 7 file for Chapter 13 to prevent a home foreclosure, car repossession, or wage garnishment. The Chapter 13 plan allows the filer to catch up on back payments over time, a benefit not available in Chapter 7.
How Long Does it Take to File for Bankruptcy in Tennessee?
Most Chapter 7 cases close after four months, although the Chapter 7 bankruptcy trustee sometimes needs additional time to sell property or resolve a dispute. Chapter 13 cases take three to five years to complete.
How Long Do I Have to Live in Tennessee Before I Can Use Its Bankruptcy Exemptions?
You can file for bankruptcy in Tennessee after living there for over 180 days. However, you must live in Tennessee for at least 730 days before using Tennessee exemptions. Otherwise, you'd use the previous state's exemptions.
Suppose you hadn't lived in one state the entire two years before filing. In that case, you'd use the exemptions of the state you lived in the longest during the 180 days before the two years immediately preceding your filing. (11 U.S.C. § 522(b)(3)(A).)
More rules exist, including requirements for multiple bankruptcy filings. Find out more about filing for bankruptcy after moving to a new state and who can and can't file for bankruptcy.
How Can I Avoid Bankruptcy Exemption Problems in Tennessee?
If you don't exempt your property carefully, you could lose it. Answers to these questions might help you steer clear of typical issues.
Do I automatically get to keep my exempt property? Generally, no. Here's the procedure you'll need to follow: Select the exemption set that best protects your property, list the exempt assets and applicable exemption laws on Schedule C: The Property You Claim as Exempt, and file it with your other required paperwork.
Will someone check my bankruptcy exemptions? The bankruptcy trustee, the court-appointed official tasked with managing your case, will review Schedule C to ensure you have the right to protect the claimed property. A trustee who disagrees with your exemptions will file an objection with the court. The judge will decide whether you can keep the property.
Example. Jeff owns a rare, classic car worth $15,000, but the state vehicle exemption will only partially protect it. Believing that the car qualifies as art, Jeff exempts it using his state's unlimited artwork exemption. The trustee reviews Schedule C, disagrees with Jeff's characterization, and files an objection with the court. After consideration, the judge will likely side with the trustee, determining that the vehicle doesn't qualify as a piece of art.
What Will Happen If I Make an Exemption Mistake in Tennessee?
Most trustees will likely try to work out the matter informally by discussing it at the 341 meeting of creditors or by phone or email. If you can't resolve the problem, the trustee will file a motion with the bankruptcy court.
It's worth noting that it's not a good idea to finesse exemptions. Not only are you obligated to supply correct information on your bankruptcy forms, but purposefully making inaccurate statements could be fraudulent. Bankruptcy fraud is punishable by up to $250,000, 20 years in prison, or both.
Should I Hire a Lawyer to Help With Bankruptcy Exemptions in Tennessee?
Chapter 13 bankruptcy filers will almost always want to hire a bankruptcy lawyer. Chapter 13 is too complicated for most people to navigate successfully.
Chapter 7 filers also benefit from hiring a bankruptcy lawyer. Still, it's more feasible to represent yourself if you have a relatively simple Chapter 7 case. But you should know that Chapter 7 filers can't dismiss a Chapter 7 matter without court approval, so it's prudent to consult a bankruptcy lawyer about potential issues. The extra step could help prevent unexpected property loss.
How Much Does It Cost to File for Bankruptcy in Tennessee?
You can expect to pay $1,500 to $2,500 for the average Chapter 7 case and more for a Chapter 13 matter. Bankruptcy lawyers with more experience will charge higher fees than those practicing in large cities because of the costs associated with doing business.
Even so, most bankruptcy matters won't require a top-tier lawyer. But because of the specialized nature of bankruptcy rules, you will want someone who has filed many cases.
At the time of writing, filing fees are $338 for Chapter 7 and $313 for Chapter 13, and costs for mandatory credit counseling and debt management courses run $50 to $75.
Can I Make Payments to My Bankruptcy Lawyer?
No, not in a Chapter 7 case. Chapter 7 lawyers won't file your matter before you've paid in full because the bankruptcy court would erase any outstanding balance with other dischargeable debts. You can pay Chapter 13 attorneys' fees in installments through the Chapter 13 plan.
Need More Bankruptcy Help?
Did you know Nolo has made the law easy for over fifty years? It's true, and we want to ensure you find what you need. Below, you'll find more articles explaining bankruptcy and how it works. And don't forget that our bankruptcy homepage is the best place to start if you have other questions!
|
Our Editor's Picks for You |
|
|
More Like This |
Filing a Chapter 7 Bankruptcy: Basic Steps |
|
Articles You Might Like |
Preparing for Bankruptcy: What to Do With Bank Accounts, Automatic Payments, and Utility Deposits |
|
Helpful Bankruptcy Sites |
We wholeheartedly encourage research and learning, but online articles can't address all bankruptcy issues or the facts of your case. The best way to protect your assets in bankruptcy is by hiring a local bankruptcy lawyer.
Copyright ©2024 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy, Cookie Policy, and Consumer Health Data Notice.
Your Privacy Choices