Griffin Scott Dunham’s Answers

Griffin Scott Dunham

Nashville Chapter 11 Bankruptcy Attorney.

Contributor Level 7
  1. Can I legally reassign a debt?

    Answered about 1 year ago.

    1. Griffin Scott Dunham
    2. Celia R Reed
    2 lawyer answers

    Yes, you could reassign if the owed party is willing. Once the owed party agrees to the assignment, and before you actually assign it, you'd need to figure out how to value how much you're owed (i.e., contract value less collection costs less a discount/allowance for bad debt). In other words, if you're owed $1,000, the assignment isn't going to operate as a $1,000 reduction in the amount you owe because the assignee will discount it based on the collection risk, cost of collection, hassle,...

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  2. Can I take legal action against investors invovlved in a LLC if the majority owner is going to file bankruptcy or chapter 11?

    Answered about 1 year ago.

    1. Griffin Scott Dunham
    2. Sagar P. Parikh
    3. Thomas R. Morris
    4. John P Corrigan
    5. Michael Avanesian
    5 lawyer answers

    Until a bankruptcy is filed, there's no automatic stay in place and you're free to pursue a non-debtor through all available legal channels. I presume the company, not the owners of the company, owed you the money. If so, and if the company is unwilling to compensate you, then the appropriate action could be to file a lawsuit. Depending upon the amount owed, you could file in a small claims (or California equivalent) without an attorney if you desire to proceed on your own. Best of luck.

    6 lawyers agreed with this answer

  3. If you buy a used car from a car lot don't you have a three days to back out of the deal and get your down payment back

    Answered about 1 year ago.

    1. Griffin Scott Dunham
    2. Celia R Reed
    2 lawyer answers

    Unfortunately, you don't have that right unless it's built into the contract (which is highly doubtful and not commonplace in standard purchase agreements). The 3-day "cooling off" period refers to door-to-door sales and certain other solicitations. Unfortunately, now that title has transferred and tax implications have arisen, unless this is a highly unusual arrangement you don't appear to have legal recourse. Best of luck to you.

    4 lawyers agreed with this answer

  4. What is the statue of limitations on a judgement in Tennessee?

    Answered about 1 year ago.

    1. Griffin Scott Dunham
    2. David Craig Lee
    2 lawyer answers

    If the debt was reduced to a judgment, you're outside the scope of a statute of limitations (which creates a statutory deadline by which a party must file a lawsuit on a claim). You've now moved onto whether the judgment is enforceable. If obtained in November 2006, it still is. Before the expiration of 10 years, the creditor will likely renew the judgment so that it remains valid. With respect to the debt, what you should do depends on your financial situation. You could make it go away...

    3 lawyers agreed with this answer

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  5. In State of Tenn is an IRA protected from garnishment in the case of a judgement? How long does a judgement last?

    Answered about 1 year ago.

    1. Griffin Scott Dunham
    2. Dorothy G Bunce
    2 lawyer answers

    Your IRA is safe; Tennessee law exempts this from collection. Your social security benefits are also exempt from collection pursuant to Section 207 of the Social Security Act. A judgment lasts for 10 years before it must be renewed, which can be done indefinitely. If you don't have assets to satisfy the amount, the credit card company may still attempt to pursue you in a civil action. However, if there's nothing to collect, the judgment is only worth the paper it's printed on....

    3 lawyers agreed with this answer

  6. Can my wife take me off her auto insurance policy while we are still married?

    Answered about 1 year ago.

    1. Griffin Scott Dunham
    2. David J. McCormick
    3. James Brandon McWherter
    3 lawyer answers

    If your wife is taking these measures now, then you're on notice that there could be more to come in the future. If you have joint assets (to include bank accounts), realize those assets are accessible to her and therefore subject to her decisions. Some clients have found it helpful to have a financial planning discussion with their spouse to establish "rules" about assets and policies. Hopefully there's a reconciliation and all this is soon moot.

    3 lawyers agreed with this answer

  7. I went out of business, my rent check bounced.It was llc account. Land lord is threatning sending sherrif to arrest me.

    Answered about 1 year ago.

    1. Griffin Scott Dunham
    2. John P Corrigan
    3. Rixon Charles Rafter III
    3 lawyer answers

    I agree with John. The landlord's typical approach is to first serve you with a written demand, then an acceleration/termination notice, and then file a detainer warrant in general sessions court. The named parties will be the primary lease obligor and any guarantor. This action in general sessions will seek to get a court order to eject you from the property (i.e., give the landlord possession) and liquidate the landlord's damages. The landlord's damages will likely be set forth in the...

    3 lawyers agreed with this answer

  8. Can I withdraw or dismiss a chapter 11?

    Answered about 1 year ago.

    1. Michael Hal Schwartz
    2. Griffin Scott Dunham
    3. Juan E. Milanes
    4. Steven J Reilly
    4 lawyer answers

    I agree with Michael. Keep in mind that the lender may want you in bankruptcy because the process requires transparency into your financial life. If that's the case, you could have a more difficult time exiting. As for a Chapter 13 v. Chapter 11, you're probably aware that a Chapter 11 is tremendously more expensive. If you don't have problems with the Chapter 13 debt limits, then make sure you consult with both a Chapter 13 and Chapter 11 lawyer before deciding on what chapter to file...

    4 lawyers agreed with this answer

  9. Is there still chapter 11 bankruptcy

    Answered about 1 year ago.

    1. Daniel Mark Press
    2. Matthew Scott Berkus
    3. Brandy Ann Peeples
    4. Griffin Scott Dunham
    5. Ori Samuel Blumenfeld
    5 lawyer answers

    Please provide more facts before any lawyer can provide helpful advice. Thanks.

    4 lawyers agreed with this answer

  10. Filing chapter 11. Can it be denied?

    Answered about 1 year ago.

    1. Scott Benjamin Riddle
    2. Kevin Christopher Gleason
    3. Griffin Scott Dunham
    3 lawyer answers

    Technically, you have a federal right to file for bankruptcy and the bank won't be able to stop you. This doesn't mean the bank (or Office of the United States Trustee) is without power to get the case dismissed or converted, though. This is more fact-intensive and outside the scope of your question. The bottom line is that if you're going to file for Chapter 11, the time to discuss with an attorney is as far in advance of the foreclosure as possible. A "skeleton" petition can be filed...

    4 lawyers agreed with this answer