Chapter 7, 11 and 13 Bankruptcy in Tennessee

Chapter 7 is generally the fastest bankruptcy chapter, but the means-test rules and Tennessee exemptions can affect whether an individual qualifies and what property can be retained. Chapter 13 lets eligible individuals with regular income repay debts through a court-approved plan while retaining property, and it can help cure mortgage and vehicle arrears. Chapter 11 is primarily a reorganization chapter for businesses and some individuals with larger debts. The right chapter depends on your debts, income, property, and circumstances.

Side-by-Side Comparison

Feature Chapter 7 Chapter 13 Chapter 11
Common name Liquidation Wage earner's plan Reorganization
Who can file Individuals, couples & businesses Individuals & sole proprietors with regular income Individuals & businesses
Income test Chapter 7 means test rules apply to applicable individual debtors No Chapter 7-style eligibility means test; income affects plan terms No Chapter 7-style eligibility means test
Debt limits None $526,700 unsecured; $1,580,125 secured None for standard Chapter 11; Subchapter V currently $3,424,000, subject to eligibility rules
Court filing fee $338 $313 $1,738
Other costs Trustee administration costs may apply Trustee fee of up to 10% of plan payments Quarterly U.S. Trustee fees generally apply in standard cases; not in Subchapter V
Length Often about 3 to 4 months, but timing varies Generally 3 years for below-median debtors and 5 years for above-median debtors, subject to statutory exceptions Months to several years; nonconsensual Subchapter V plans generally use a 3- to 5-year payment period
Your property Trustee may liquidate nonexempt property You generally retain property, subject to plan and Code requirements Debtor generally remains in possession and operating, subject to court orders
Missed mortgage or car payments Chapter 7 does not provide a repayment plan to cure arrears Eligible arrears can generally be cured through the plan Treatment depends on the debt, collateral, and plan terms
Co-signers Generally remain liable on shared debts A limited co-debtor stay can protect individuals liable on qualifying consumer debts Generally remain liable unless separately protected
Discharge Individuals only; businesses receive none After the final plan payment Businesses at confirmation; individuals after plan payments
Credit report Up to 10 years Usually 7 years Up to 10 years
Chapter 7, Chapter 11 & Chapter 13 Bankruptcy Difference

Chapter 7 (Liquidation)

Chapter 7 bankruptcy can discharge many qualifying unsecured debts, often within several months. A court-appointed trustee reviews the estate and may sell nonexempt property, subject to the Bankruptcy Code and the economics of a sale. Tennessee exemptions include a $35,000 individual homestead exemption in qualifying circumstances and a $10,000 aggregate personal-property exemption, but the applicable exemptions depend on the debtor and property.

For an individual Chapter 7 debtor subject to the means-test provisions, the test starts by comparing average monthly income over the applicable six-month period with the Tennessee median: $63,979 for 1 person, $82,846 for 2, $97,511 for 3, and $109,585 for 4, for cases filed on or after July 15, 2026. Being above the median does not automatically disqualify someone from Chapter 7; additional calculations determine whether a presumption of abuse arises. A debtor also generally cannot receive a Chapter 7 discharge if the debtor received a Chapter 7 or Chapter 11 discharge in a case commenced within the preceding 8 years.

Best Fit for Chapter 7

  • Income at or below the Tennessee median
  • Mostly credit card, medical, or personal loan debt
  • Home and car equity inside the exemptions
  • Current mortgage and car payments

Chapter 7 Drawbacks

  • The trustee can sell nonexempt property, such as a second car or home equity above $35,000.
  • Chapter 7 does not provide a Chapter 13-style plan for catching up missed mortgage payments, so a debtor who is behind must address the arrears separately to keep the home.
  • Co-signers remain liable for shared debts.
  • A corporation or LLC can file Chapter 7, but an entity does not receive a Chapter 7 discharge. The case generally serves to liquidate the entity’s bankruptcy estate rather than provide an individual-style discharge.

Chapter 13 (Repayment Plan)

Chapter 13 bankruptcy combines your debts into a court-approved repayment plan, with payments commonly made through a Chapter 13 trustee. For below-median debtors, the applicable commitment period is generally 3 years unless the court approves a longer period for cause; for above-median debtors, it is generally 5 years. Chapter 13 generally allows debtors to retain property, including nonexempt property, subject to the plan and other Code requirements.
Can You Keep Your House in Chapter 13 Bankruptcy

What Your Chapter 13 Plan Must Pay For

  • Priority debts in full, such as recent taxes and past-due child support
  • Missed mortgage or car payments on property you want to keep
  • Unsecured creditors: generally at least what they would receive in a Chapter 7 liquidation, when the liquidation-value test applies
  • Your projected disposable income for the plan term

What Chapter 13 Can Do That Chapter 7 Cannot

  • Foreclosure cure: you repay mortgage arrears over the plan while making regular payments, a common way to stop foreclosure.
  • Codebtor stay: creditors cannot pursue co-signers on consumer debts while the plan runs (11 U.S.C. § 1301).
  • Second mortgage strip-off: in the Sixth Circuit, which covers Tennessee, a wholly unsecured junior mortgage lien may be treated as unsecured in Chapter 13 when the home value is below the balance of the senior mortgage, under Lane v. Western Interstate Bancorp (In re Lane), 280 F.3d 663 (6th Cir. 2002).
  • Car loan cramdown: in some cases, the secured portion of a qualifying vehicle loan can be limited to the vehicle’s value if the purchase-money debt was incurred more than 910 days before filing. The 910-day rule has statutory exceptions and applies to qualifying personal-use motor-vehicle debt. This can also help when you need to stop car repossession.
  • Broader discharge: certain property-settlement debts from a divorce can be discharged in Chapter 13, although not every divorce-related debt is dischargeable.

To qualify, you need regular income and noncontingent, liquidated unsecured debts below $526,700 and secured debts below $1,580,125 (11 U.S.C. § 109(e)), based on the current adjusted limits. Section 1308 also generally requires applicable federal, state, and local tax returns for taxable periods ending during the four-year period before filing to be filed by the time required by the statute.

Chapter 13 Drawbacks

  • Payments last 3 to 5 years, and missed payments can lead to dismissal.
  • The trustee takes up to 10% of each plan payment (28 U.S.C. § 586(e)).
  • The discharge comes only after the final payment.

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Chapter 11 (Reorganization)

Chapter 11 bankruptcy lets a business, or an individual with debts above the Chapter 13 limits, keep operating while it restructures under a court-confirmed plan. The owner stays in control as “debtor in possession” unless the court appoints a trustee for cause. The filing fee is $1,738.

Chapter 11 has two tracks, with Subchapter V eligibility set by 11 U.S.C. § 1182:

Who Qualifies for Chapter 7 Bankruptcy
Feature Standard Chapter 11 Subchapter V
Debt limit None $3,424,000, with at least 50% from business activity
Who proposes the plan Debtor first, during a 120-day exclusive period; then creditors Only the debtor, within 90 days of filing
Disclosure statement Required Not required unless the court orders one
Creditors' committee Usually appointed Not appointed unless the court orders one
Plan approval Needs creditor class votes Court can confirm without votes if the plan pays projected disposable income for 3 to 5 years
Trustee None unless the court finds cause A Subchapter V trustee oversees the plan
Quarterly U.S. Trustee fees Yes No

Best Fit for Chapter 11

  • LLCs, corporations and partnerships that plan to keep operating
  • Sole proprietors whose debts exceed the Chapter 13 limits
  • Individuals with large mortgages or rental property portfolios

See small business bankruptcy for how Subchapter V works for owner-operated companies.

Chapter 11 Drawbacks

  • It often carries higher professional and administrative costs than Chapter 7 or Chapter 13.
  • The debtor generally must file periodic operating reports and comply with substantial reporting and disclosure requirements.
  • Standard cases involve creditor voting and objections, although the Bankruptcy Code also permits confirmation in some circumstances over the rejection of an impaired class.
Can a Small Business File Chapter 11 Bankruptcy

Pending Debt-Limit Changes

Congress passed the Bankruptcy Threshold Adjustment Act (H.R. 7730) in September 2026. The Senate passed H.R. 7730 without amendment on September 28, 2026, and as of October 1, 2026, the measure was awaiting the President’s signature. Until enactment, the current limits remain in effect. If enacted, it would:

  • Replace the separate Chapter 13 unsecured and secured debt limits with one $2,750,000 cap on combined noncontingent, liquidated debt.
  • Permanently raise the Subchapter V debt limit from $3,424,000 to $7,500,000, subject to the bill’s other eligibility rules.

The bill’s text applies the new limits only to cases filed on or after the date it becomes law.

Which Chapter Fits Your Situation

Your situation Usual fit
Income under the Tennessee median, mostly credit card and medical debt Chapter 7, if otherwise eligible and no presumption of abuse applies
Behind on the mortgage and want to keep the home Chapter 13
Home equity not fully protected by Tennessee exemptions Chapter 13 may be relevant, depending on the full case
Income above the median with money left after allowable expenses Chapter 13 may be relevant, depending on the means test and debt profile
A co-signer on a qualifying consumer debt you want to protect Chapter 13 may provide a co-debtor stay
Prior Chapter 7 or Chapter 11 discharge within the preceding 8 years Chapter 13 may be relevant, subject to other eligibility rules
Business closing for good Chapter 7
Business staying open with qualifying debt under $3,424,000 Chapter 11, Subchapter V, if all Subchapter V eligibility requirements are met
Individual debts above the Chapter 13 limits Chapter 11
Family farmer or fisherman Chapter 12, with a $278 filing fee

For state-specific rules on exemptions, courts, and filing steps, read declaring bankruptcy in Tennessee.

Switching Chapters After You File

Conversion Rule Court fee
Chapter 7 to Chapter 13 Generally permitted once if you qualify, subject to statutory and case-law limits None
Chapter 13 to Chapter 7 Allowed at any time if you qualify for Chapter 7 $25
Chapter 7 to Chapter 11 Allowed on request $922
Chapter 13 to Chapter 11 Allowed on request $932

Quick Recap

  • Chapter 7: Often the fastest chapter, with a $338 court filing fee. Individual eligibility depends on the applicable means-test rules and other requirements, and nonexempt property can be at risk.
  • Chapter 13: A $313 court filing fee and generally a 3- to 5-year plan for individuals with regular income who meet the debt limits; it can help eligible debtors cure mortgage or vehicle arrears while retaining property.
  • Chapter 11: A $1,738 court filing fee for standard Chapter 11, used by businesses and some individuals with larger debts; Subchapter V provides a streamlined route for qualifying small-business debtors.

How The Pope Firm Helps You Choose

The Pope Firm files Chapter 7, Chapter 11, and Chapter 13 cases and lists offices in Johnson City, Kingsport, and Elizabethton. Attorney Charles Parks Pope (Tennessee Bar No. 015617) has been licensed in Tennessee since 1992 and has 30+ years of experience in bankruptcy and business restructuring. His background includes business and financial matters relevant to cases involving businesses, rental property, or secured debt.

Your consultation for choosing a bankruptcy chapter covers:

  • Your means test result against the current Tennessee median
  • Your home and car equity against Tennessee’s exemptions
  • Chapter 13 and Subchapter V debt limits, including the pending changes
  • A cost and timeline estimate for each chapter you qualify for
Can You Switch from Chapter 13 to Chapter 7 Bankruptcy

File Bankruptcy in Tennessee With The Pope Firm

The Pope Firm reviews your income, property, and debts in a free consultation, recommends the chapter that best protects you, and then prepares and files your case through to discharge. Schedule a consultation, or start your case through our online bankruptcy filing se