Declaring Bankruptcy in Tennessee

Declaring bankruptcy in Tennessee means filing a federal petition in one of the state’s three bankruptcy districts and protecting your property with Tennessee’s own exemptions, because Tennessee does not allow the federal exemption list. Chapter 7 can discharge many qualifying unsecured debts, including credit card and medical debt, often within several months, while Chapter 13 generally uses a 3- to 5-year repayment plan that can help a debtor catch up on a mortgage or car loan. The court fee is $338 for Chapter 7 and $313 for Chapter 13. Most individual filers must complete credit counseling within 180 days before filing, subject to limited statutory exceptions.

Tennessee Bankruptcy Fees, Limits & Deadlines

Item Current figure
Chapter 7 court filing fee $338
Chapter 13 court filing fee $313
Chapter 11 court filing fee $1,738
Credit counseling window Within 180 days before filing
Homestead exemption $35,000 per filer; $52,500 combined for joint owners
Personal property exemption $10,000 per filer
Chapter 7 median income, 1 person $63,979
Chapter 7 median income, 4 people $109,585
Chapter 13 debt limits $526,700 unsecured; $1,580,125 secured
Chapter 7 length Often several months
Chapter 13 length Typically 3 to 5 years

The median income figures above are the Tennessee figures published by the U.S. Trustee Program for cases filed on or after July 15, 2026. The U.S. Trustee Program updates the applicable data periodically, so check the figures against the table in effect when a case is filed. 

The Senate passed the Bankruptcy Threshold Adjustment Act of 2026 (S. 3977) in August 2026, and the House passed its version (H.R. 7730) in September 2026, but as of October 1, 2026, neither bill has been enacted. If signed, it would replace the separate Chapter 13 secured and unsecured debt limits with a single $2,750,000 aggregate debt limit for cases filed on or after the enactment date.

Where Tennessee Bankruptcy Cases Are Filed

Bankruptcy venue generally depends on where your domicile, residence, principal place of business, or principal assets were located during the 180 days immediately before filing, or for the longer portion of that period when you moved between districts (28 U.S.C. § 1408).

District Courthouse Cities / Offices Area Covered
Eastern District Greeneville, Knoxville, Chattanooga, Winchester East Tennessee and the Winchester Division counties
Middle District Nashville, Columbia, Cookeville Middle Tennessee
Western District Memphis, Jackson West Tennessee

The Eastern District has four divisions. The Northeastern Division hears cases from Carter, Cocke, Greene, Hamblen, Hancock, Hawkins, Johnson, Sullivan, Unicoi, and Washington counties. The Northern Division covers Anderson, Blount, Campbell, Claiborne, Grainger, Jefferson, Knox, Loudon, Monroe, Morgan, Roane, Scott, Sevier, and Union counties. The Southern Division covers Bledsoe, Bradley, Hamilton, McMinn, Marion, Meigs, Polk, Rhea, and Sequatchie counties. The Winchester Division covers Bedford, Coffee, Franklin, Grundy, Lincoln, Moore, Van Buren and Warren counties. The Eastern District lists court locations in Greeneville, Knoxville, Chattanooga, and Winchester. The Middle District operates from Nashville with satellite offices in Columbia and Cookeville.

What Happens When You Declare Bankruptcy In Tennessee

Who Can File

You can file bankruptcy in Tennessee if you meet these conditions:

  • You live, own property, or run a business in the United States.
  • You generally completed a credit counseling briefing from a U.S. Trustee–approved agency during the 180 days before filing, unless a statutory exception applies.
  • No case of yours was dismissed in the past 180 days for ignoring a court order, or dismissed at your request after a creditor asked for relief from the stay.
  • You meet the eligibility requirements for the chapter you want to file. For many individual Chapter 7 cases involving primarily consumer debts, the means test can determine whether a presumption of abuse arises. Chapter 13 requires regular income and compliance with its debt-limit and other eligibility rules.

A discharge also depends on when you filed your last case:

Earlier Case New Case General minimum period for a new discharge
Chapter 7 Chapter 7 8 years
Chapter 7 Chapter 13 4 years
Chapter 13 Chapter 13 2 years
Chapter 13 Chapter 7 6 years, unless the plan paid 100% of unsecured claims, or at least 70% under a good-faith plan
These are discharge waiting periods, not universal waiting periods between filings. A debtor may be able to file a new case sooner in some circumstances, but the earlier case can affect eligibility, the automatic stay, and discharge eligibility.

The Tennessee Means Test

The Tennessee means test is used in many individual Chapter 7 cases involving primarily consumer debts to determine whether a statutory presumption of abuse arises. It uses current monthly income, generally based on the average monthly income received during the 6 full calendar months before filing, and compares the result with the state median for your household size.

Household size Tennessee median income for cases filed on or after July 15, 2026
1 $63,979
2 $82,846
3 $97,511
4 $109,585
Each person over 4 Add $11,100
What is the Income Limit for Chapter 7 Bankruptcy in Tennessee

A family of 3 averaging $7,500 a month has an annualized figure of $90,000. That is below the $97,511 Tennessee median for a three-person household in the current table, so the household is below median income for this initial comparison. A debtor above the median generally completes Official Form 122A-2, which applies the statutory expense deductions and other adjustments. The resulting figure is used to determine whether a presumption of abuse arises:

  • Below $171.25 a month ($10,275 over 60 months): the statutory presumption of abuse does not arise from the means-test calculation on that basis.
  • $285.83 a month or more ($17,150 over 60 months): the statute generally creates a presumption of abuse, subject to its other requirements and exceptions.
  • Between those figures, the presumption generally depends on whether the 60-month amount is at least 25% of the debtor’s nonpriority unsecured claims, or the applicable statutory dollar threshold, as provided by 11 U.S.C. § 707(b).

The means-test provisions do not apply in the same way to every Chapter 7 debtor. For example, certain debtors whose debts are primarily business debts are outside the consumer-debt means-testing framework, and the statute contains additional exceptions. Because the calculation looks back 6 months, a recent job loss can change the result as older income drops out. Run your numbers first with the Instant Bankruptcy Calculator.

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Tennessee Bankruptcy Exemptions

Tennessee has opted out of the federal exemptions (Tenn. Code § 26-2-112), so every filer uses the state list plus federal non-bankruptcy exemptions. To use Tennessee’s list, your domicile must have been in Tennessee for the 730 days before filing. If you moved during that period, you use the exemptions of the state where you were domiciled for the 180 days before those 730 days, or for the longer part of that 180-day period.

What Property Can You Keep When You File Bankruptcy in Tennessee
Property Tennessee protection Law
Home equity (principal residence) $35,000 per filer; $52,500 combined for joint owners who file together Tenn. Code § 26-2-301
Any personal property: car, cash, bank accounts, tax refund, household goods $10,000 per filer Tenn. Code § 26-2-103
Tools, books & equipment of your trade $1,900 Tenn. Code § 26-2-111
Necessary clothing, family portraits, family Bible & school books Fully exempt Tenn. Code § 26-2-104
Certain qualified retirement plans and accounts Protected if the plan or account qualifies under the applicable statute; Tennessee specifically lists plans qualified under §§ 401(a), 403(a), 403(b), 408 and 408A Tenn. Code § 26-2-105; 11 U.S.C. § 522(b)(3)(C)
Traditional & Roth IRAs Qualifying accounts receive protection under Tennessee law; federal § 522(n) separately provides a current $1,711,975 aggregate cap for certain IRA assets exempted under § 522, subject to statutory exclusions and exceptions Tenn. Code § 26-2-105; 11 U.S.C. § 522(n)
Personal injury & wrongful-death awards Up to $15,000 aggregate under § 26-2-111, with a $7,500 limit for personal bodily injury and a $10,000 limit for wrongful-death awards Tenn. Code § 26-2-111
Life insurance & annuities payable to a spouse, child or dependent Net amount payable is exempt when the policy or annuity is made for the benefit of, or assigned to, your spouse, children or dependent relatives; the beneficiary designation and policy terms decide coverage Tenn. Code § 56-7-203
Social Security & VA benefits Fully exempt 42 U.S.C. § 407; 38 U.S.C. § 5301
Unemployment & workers' compensation benefits Exempt Tenn. Code §§ 50-7-401, 50-6-223

Married couples who file together can generally each claim the $10,000 personal-property exemption, for up to $20,000 total. The homestead exemption remains capped at $52,500 combined when the qualifying joint owners claim it in the same proceeding.

Home Equity

Equity equals market value minus valid liens. A single filer with a $250,000 home and a $220,000 mortgage has $30,000 in equity, and the $35,000 homestead exemption can cover that equity. With $60,000 in equity, $25,000 remains above the $35,000 homestead exemption, so that unprotected equity may expose the property to administration by a Chapter 7 trustee after considering the exemption, liens, sale costs, and the benefit to the estate. 

In Chapter 13, the plan must satisfy the Bankruptcy Code’s confirmation requirements, including the requirement that unsecured creditors receive at least what they would receive in a hypothetical Chapter 7 liquidation when that test applies. The homestead exemption does not eliminate valid mortgage liens or certain tax claims.

Vehicles

Tennessee has no separate vehicle exemption, so the $10,000 personal property exemption covers car equity. A car worth $14,000 with a $6,000 loan has $8,000 in equity, leaving $2,000 of the exemption for cash, bank balances, or a tax refund. Chapter 7 filers with a car loan pick one option:

  • Reaffirm: sign a new agreement and keep paying the loan.
  • Redeem: pay the lender the car’s current value in one lump sum.
  • Surrender: return the car and discharge the remaining balance.

In Chapter 13, a debtor may be able to reduce the amount paid on a secured vehicle claim to the collateral’s value when the Bankruptcy Code permits cramdown. For a vehicle purchased for the debtor’s personal use, the 910-day rule generally prevents that treatment when the purchase-money debt was incurred within 910 days before filing. Other secured-debt rules and plan-confirmation requirements also apply. Filing also generally halts a pending car repossession.

How Much Does It Cost to File Bankruptcy in Tennessee

Debts Bankruptcy Can & Cannot Erase

Bankruptcy cancels most unsecured debt, but federal law (11 U.S.C. § 523) lists specific debts that no discharge can wipe out.

What Bankruptcy Usually Erases

  • Credit card balances
  • Medical bills
  • Personal loans & payday loans
  • Past-due utility bills
  • Balances left after a repossession or foreclosure
  • Most civil judgments & collection accounts
  • Some older income-tax debts may be dischargeable if you meet the statutory requirements, including the applicable timing rules for when the return was due, when it was filed, and when the tax was assessed. Additional exceptions and tolling rules can apply.

Debts That Survive Bankruptcy

  • Child support & alimony
  • Most student loans, unless you prove undue hardship in a separate court case (see student loan debt options)
  • Recent income taxes & payroll taxes withheld from employees
  • Criminal fines & restitution
  • Debts for injuries caused while driving intoxicated
  • Debts from fraud or false financial statements, if the creditor objects in time
  • Debts left off your schedules, in some cases

For a mortgage or car loan, bankruptcy erases your personal liability but leaves the lender’s lien in place. You keep the house or car only by keeping up the payments.

What the Automatic Stay Stops

The moment you file, the automatic stay orders most creditors to stop collecting (11 U.S.C. § 362). It stops:

  • Foreclosure sales. Tennessee lenders can foreclose without going to court, so you must file before the sale date to stop the foreclosure.

Car repossessions.

  • Wage garnishments. Tennessee law already protects at least 75% of weekly disposable earnings, plus $2.50 a week for each dependent child under 16 (Tenn. Code §§ 26-2-106, 26-2-107). The stay stops the rest; see wage garnishment help.
  • Lawsuits, bank levies & collection calls.
  • Utility shutoffs. A utility generally cannot discontinue service solely because a bankruptcy case was filed or because a pre-petition utility debt was unpaid. Under 11 U.S.C. § 366, however, the utility may alter, refuse, or discontinue service if you do not provide adequate assurance of payment for postpetition service within 20 days after the order for relief, subject to the statute’s rules.

Limits of the Automatic Stay

  • It does not stop child support or alimony collection, or criminal cases.
  • If one earlier case of yours was dismissed in the past year, the stay ends after 30 days unless the court extends it.
  • If 2 or more earlier cases were dismissed in the past year, no stay takes effect unless the court orders one.

How to File Bankruptcy in Tennessee

  1. List every debt. Pull your free reports from all 3 credit bureaus at AnnualCreditReport.com, then add debts missing from them, such as medical bills and loans from relatives.
  2. Gather your documents using the checklist below.
  3. Complete credit counseling with a U.S. Trustee–approved agency within 180 days before filing, and keep the certificate.
  4. Choose your chapter based on your eligibility, debts, property, and goals. Compare Chapter 7 vs. Chapter 11 vs. Chapter 13 bankruptcy before you decide.
  5. Prepare the forms: the petition, schedules of assets and debts, statement of financial affairs, and means test forms.
  6. File in the correct district and pay the fee, or apply to pay in installments or for a waiver.
  7. Attend the 341 meeting of creditors, where the trustee asks you questions under oath. Your notice lists whether it runs in person, by video, or by phone.
  8. Complete a debtor education course, separate from credit counseling.
  9. Receive your discharge, the court order that cancels your qualifying debts.

Documents to Gather

  • Evidence of payments received from employers during the 60 days before filing, such as pay stubs
  • Your most recent federal tax return, due to the trustee at least 7 days before the 341 meeting
  • For Chapter 13: proof that you filed tax returns for the past 4 years
  • Bank, retirement & investment account statements
  • Mortgage statements, car loan papers & vehicle titles
  • Collection letters, lawsuit papers & garnishment orders
  • Photo ID & proof of your Social Security number

Tennessee Bankruptcy Timeline

Milestone Chapter 7 Chapter 13
Credit counseling Within 180 days before filing Within 180 days before filing
First plan payment Not required Within 30 days after filing
341 meeting 21 to 40 days after filing 21 to 50 days after filing
Plan confirmation hearing Not required 20 to 45 days after the 341 meeting
Deadline for certain objections to discharge or dischargeability 60 days after the first 341 meeting date 60 days after the first 341 meeting date
Debtor education course Within 60 days after the first 341 meeting date No later than the final plan payment
Discharge 3 to 4 months after filing After the final plan payment

Mistakes to Avoid Before Filing

  • New charges and cash advances: creditors can object to recent debts you had no plan to repay.
  • Repaying relatives or friends: the trustee can recover payments to relatives made within 1 year before filing, and payments to friends and other creditors made within 90 days.
  • Giving away or underselling property: the trustee can undo transfers made within 2 years before filing, and up to 4 years under Tennessee law.
  • Cashing out a 401(k) or IRA: those accounts are exempt, but the cash you withdraw may not be.
  • Leaving out assets or debts: hiding assets can cost you the discharge and is a federal crime.

Life After Bankruptcy

  • Credit reports: a Chapter 7 case stays for up to 10 years from filing; the major credit bureaus generally remove a completed Chapter 13 7 years from the filing date, although federal law allows up to 10 years. 
  • FHA mortgage: eligible 2 years after a Chapter 7 discharge, or after 12 months of on-time Chapter 13 plan payments with court permission.
  • Conventional (Fannie Mae) mortgage: eligible 4 years after a Chapter 7 discharge, or 2 years after a Chapter 13 discharge.
  • Employment: 11 U.S.C. § 525 generally prohibits governmental units from denying employment or taking specified employment actions solely because a person has been a bankruptcy debtor. It also restricts private employers from terminating an employee solely because of a bankruptcy filing or related protected status (11 U.S.C. § 525).

How The Pope Firm Files Your Case

The Pope Firm files Chapter 7, Chapter 11, and Chapter 13 cases for individuals and businesses across East Tennessee, from offices in Johnson City, Kingsport, and Elizabethton. It ranks among the largest bankruptcy filers in the Tri Cities. Attorney Charles Parks Pope (Tennessee Bar No. 015617) has practiced in Tennessee since 1992. He brings 30+ years of bankruptcy and restructuring experience, plus a background in corporate law, lending, and accounting, to each filing.

Every case includes:

  • A free consultation to review your debts, income, and property
  • A means test calculation against the current Tennessee median
  • Exemption planning under Tennessee’s $35,000 homestead and $10,000 personal property exemptions
  • Preparation and electronic filing of your petition, schedules, and means test forms
  • Representation at your 341 meeting and any court hearing
  • Secure online document uploads and online payments

Start Your Bankruptcy Filing in Tennessee with The Pope Firm

The Pope Firm helps Tennessee families and business owners stop collection calls, foreclosures, and garnishments with a filing built on current Tennessee law. Schedule a free consultation to learn which chapter you qualify for and what property you keep.

The firm also handles debt settlement and small business bankruptcy. Call 423-929-7673, visit 404 E. Watauga Ave., Johnson City, TN 37601, or email admin@thepopefirm.com.

Got Questions?

Frequently Asked Questions

Can I file bankruptcy in Tennessee without a lawyer?

Yes, the court allows filing without a lawyer, called pro se filing. You must still handle credit counseling, the means test, every schedule, and the 341 meeting yourself, and schedule errors can cost property.
You keep your car if the $10,000 personal property exemption covers its equity and you either reaffirm the loan or redeem the car by paying its current value in one lump sum.
Your domicile must have been in Tennessee for the 730 days before filing. If you moved during that time, you use the exemptions of the state where you were domiciled for most of the 180 days before that period.
No. One spouse can file alone, but the household’s income still counts in the means test. Couples who file together pay one fee and can each claim Tennessee’s exemptions.
Filing before a foreclosure sale will generally trigger the automatic stay and can stop the sale, although statutory exceptions and stay-relief orders can affect the result. Chapter 13 can allow eligible debtors to cure mortgage arrears over time while maintaining ongoing payments, subject to the plan and the Bankruptcy Code.
No single waiting period applies to every new bankruptcy filing. Previous cases can affect eligibility, the automatic stay, and whether you can receive a discharge. For example, the general discharge periods are 8 years from a prior Chapter 7 to a new Chapter 7 discharge, 4 years from Chapter 7 to Chapter 13, and 2 years between Chapter 13 discharges, with additional rules for Chapter 13-to-Chapter 7 cases.
Yes. The automatic stay stops garnishment for most debts the day you file. It does not stop garnishment for child support or alimony, which continues during the case.