Find Bankruptcy Lawyers Near You in Brentwood, TN

The typical cost for a bankruptcy lawyer in Tennessee involves both court filing fees and attorney fees. The federal filing fee for Chapter 7 is $338, and for Chapter 13 it is $313, as set by the U.S. Bankruptcy Court. Attorney fees in Brentwood for a standard Chapter 7 case generally fall between $1,200 and $2,500, while Chapter 13 cases range from $3,000 to $5,000 due to the longer repayment plan and additional court oversight. Many lawyers offer payment plans that allow clients to pay attorney fees in installments over several months before filing, and some may offer reduced fees for simple cases or for clients with very low income. Pro bono resources, such as those from Legal Aid Society of Middle Tennessee, may be available for qualifying individuals, though these services are limited and subject to income guidelines.

Please note that this information provides a general overview of costs and fees associated with bankruptcy in Tennessee. It is not legal advice, and actual costs may vary based on the complexity of your case, the specific lawyer you choose, and any unique circumstances. You should consult with a qualified bankruptcy attorney to receive a personalized fee estimate and discuss payment options that fit your situation.

Bankruptcy law in Brentwood, Tennessee, provides a legal pathway for individuals and businesses overwhelmed by debt to obtain a fresh financial start. The two primary chapters for individuals are Chapter 7, known as liquidation bankruptcy, and Chapter 13, a reorganization plan for those with regular income. Chapter 7 allows debtors to discharge most unsecured debts, such as credit cards and medical bills, by surrendering non-exempt assets to a trustee who sells them to pay creditors. Chapter 13, by contrast, requires a three-to-five-year repayment plan based on disposable income, enabling debtors to keep their property while catching up on missed mortgage or car payments. For businesses, Chapter 11 is available, allowing a company to reorganize its debts and continue operations under court supervision. Choosing the right chapter depends on your income, asset levels, and financial goals, with Chapter 7 suited for those with limited income and few assets, while Chapter 13 works for debtors with steady earnings who want to protect property like a home or vehicle.

Tennessee state law offers specific exemptions that differ from the federal bankruptcy exemption system. In Tennessee, debtors must use state exemptions rather than federal ones, as the state has opted out of the federal exemption scheme. The Tennessee homestead exemption allows a debtor to protect up to $5,000 of equity in their primary residence, or up to $25,000 if the debtor is age 62 or older, or if the debtor is married and the spouse is age 62 or older. For personal vehicles, Tennessee law exempts up to $4,000 of equity in one motor vehicle. A wildcard exemption of up to $1,000 can be applied to any personal property not covered by other exemptions, such as cash, jewelry, or household goods. Additional exemptions include up to $7,500 in personal injury recoveries and up to $15,000 in wrongful death recoveries. These exemptions are codified in Tennessee Code Annotated sections 26-2-101 through 26-2-305, and they play a critical role in determining what property a debtor can keep during bankruptcy proceedings.

The means test is a mandatory calculation that determines eligibility for Chapter 7 bankruptcy. It compares a debtors household income over the six months prior to filing against the median income for a household of the same size in Tennessee. As of 2025, the median annual income for a single-person household in Tennessee is approximately $54,000, while a four-person household median is around $85,000. If your income is below the median, you automatically qualify for Chapter 7. If your income exceeds the median, you must complete a detailed calculation of allowable expenses to determine your disposable income. If this disposable income is sufficient to pay at least a portion of your unsecured debts over five years, you may be required to file under Chapter 13 instead. The means test considers actual expenses for housing, transportation, food, and healthcare, using IRS national and local standards. This process ensures that Chapter 7 is reserved for those who genuinely cannot afford to repay their debts.

When you file for bankruptcy, an automatic stay goes into effect immediately, stopping most creditor collection actions, including phone calls, lawsuits, wage garnishments, and foreclosure proceedings. This protection provides immediate relief and gives you breathing room to work with your lawyer. The timeline from filing to discharge varies by chapter. For a Chapter 7 case, the process typically takes three to six months, starting with the filing of the petition and schedules, followed by a meeting of creditors about 30 days later, and ending with a discharge order from the court. For Chapter 13, the timeline is longer, lasting three to five years, during which you make monthly payments to a trustee who distributes funds to creditors. Before filing, you must complete a mandatory credit counseling course from an approved agency, and after filing, you must complete a debtor education course before receiving your discharge. These courses cover budgeting, debt management, and financial planning.

The costs of bankruptcy in Brentwood include court filing fees and attorney fees. The federal filing fee for Chapter 7 is $338, and for Chapter 13 it is $313, as of 2025. Attorney fees vary based on the complexity of your case and the chapter filed. For a straightforward Chapter 7 case, attorney fees in the Brentwood area typically range from $1,200 to $2,500. For Chapter 13 cases, attorney fees are often higher, ranging from $3,000 to $5,000, because of the longer duration and more complex paperwork involved. Many bankruptcy lawyers offer payment plans to help clients afford these costs, allowing you to pay attorney fees in installments before filing. Some lawyers also offer reduced fees for simple cases or for clients who qualify for pro bono services through organizations like Legal Aid Society of Middle Tennessee and the Cumberlands. You may also request a waiver of the filing fee if your income is below 150 percent of the federal poverty guidelines, though this is rare and requires court approval.

Life after bankruptcy involves both challenges and opportunities for rebuilding your financial life. A Chapter 7 discharge stays on your credit report for ten years from the filing date, while a Chapter 13 discharge remains for seven years. During this time, you can begin rebuilding credit by obtaining secured credit cards, making on-time payments, and keeping balances low. Some debts survive bankruptcy and are not discharged, including most student loans, certain tax debts, child support obligations, alimony, and debts from fraud or willful injury. Student loans may be discharged only if you can prove undue hardship, which is difficult to establish in court. After bankruptcy, you can qualify for a mortgage or car loan within two to four years, depending on the lender and loan type. It is important to create a budget, avoid new debt, and monitor your credit report regularly. Bankruptcy is not an end but a legal tool to reset your finances and move forward with a clean slate.