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David Earl Phillips

David Earl Phillips

David E. Phillips, Attorney at Law
  • Bankruptcy, Consumer Law, Foreclosure Defense
  • Tennessee
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Summary

David started Bankruptcy Practice as soon as he was admitted to the Bar to practice law in 1986. Since that time he has practiced Bankruptcy Law almost exclusively and has filed over 7000 bankruptcy cases over the past 31 years. David concentrates on Chapter 13 and Chapter 7 cases mainly dealing with Consumer Bankruptcy cases. He was Board Certified in Consumer Bankruptcy Law in 1995. He maintains a small office practice with his wife, Debbie Phillips, being his paralegal, almost from the beginning of his practice. Over the years his Father and David and Debbie’s son, Justin, has also worked at the office, so this is truly a family practice and he likes to think this helps to offer very personal service to each and every client. By maintaining a specialty in Consumer Bankruptcy, he feels we can offer the expertise that helps to make a very difficult process for most people to be as easy and less stressful as possible. He has been in the same office for almost 30 years in Donelson and David and Debbie have also lived in Donelson for their entire 37 year marriage. On weekends, if the weather is nice, David and Debbie can be found touring the back roads of Tennessee and Kentucky on their Harley. As members of the Music City Chapter of (HOG) Harley Owners Group, they now have over 150,000 miles in the saddle. If you have questions about Bankruptcy, please feel free to call, email or come by our offices at 2525 Lebanon Pike, Nashville TN 37214 at any time.

Practice Areas
  • Bankruptcy
  • Consumer Law
  • Foreclosure Defense
Fees
  • Free Consultation
Jurisdictions Admitted to Practice
Tennessee
6th Circuit
Languages
  • English: Spoken, Written
Professional Experience
Founder/Partner
David E. Phillips, Attorney at Law
- Current
Education
Nashville School of Law
J.D. / Law (1986)
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Honors: American Jurisprudence Award
Belmont University
B.A.
-
Awards
American Jurisprudence
Lawyers Co-Operative Publishing Company
Insurance Law
Professional Associations
NACTT Academy for Consumer Education
Member
- Current
Middle Tennessee Association of Consumer Bankruptcy Attorneys
Member
- Current
National Association of Consumer Bankruptcy Attorneys
Member
- Current
National Association of Chapter 13 Trustees
Associate Member
- Current
American Bankruptcy Institute
Member
- Current
Tennessee Bar Association # 012214
Member
- Current
Nashville Bar Association
Member
- Current
Certifications
American Board of Certification
http://www.abcworld.org/
Websites & Blogs
Website
Nashville Bankruptcy Attorney
Legal Answers
25 Questions Answered

Q. I am current on all my bills but have been using my 401k to stay afloat. I am almost out of money, what are my options?
A: Talk with a bankruptcy lawyer in your area. Chapter 7 or 13 may be an option. They can look at your entire situation and advise you what would be best for you to consider. Look on Justia for a lawyer near you. Hope it works out. Good luck!
Q. already filed chapter 13. i have my counceling certificate from 5 days later. how to prove to court emergency filing
A: A strict reading of the bankruptcy code would say you do not have a case for failure to do the counseling. On top of that, almost no pro se Chapter 13 cases are approved in the first place. There is a certain amount of local practice as an answer to your question so I would strongly encourage you to talk with a bankruptcy lawyer in your area. It may or may not be possible to save your case but they will know how your bankruptcy judges look at these situations. Hope it works out. Good luck!
Q. If I move and declare bankruptcy in another state, will the California exemptions be able to be used?
A: Yes. If you move you will use the California exemptions until you have been in the new State for 2 years. After 2 years you would then use the new States exemptions. There are exceptions to this rule if you live in more than one new State in the 2 year time period. Talk with a bankruptcy lawyer in the State you are moving to and they will be able to advise you how this will work. Good luck!
Q. Why were my voluntary payroll deductions returned to me from my credit union when my bankruptcy notice went out?
A: The payments within 90 days of your filing bankruptcy would be considered a preference under section 547 of the Bankruptcy Code. You may go back and pay the credit union after your bankruptcy completes if you wish to. Discuss with your lawyer if you have further questions. This is very normal and occurs all the time. Nothing to worry about. Good luck!
Q. What steps do I take when my attorney has not represented me in a chapter 13, I've lost my car now it may be the house
A: You are free to fire your lawyer at any time. Talk with other bankruptcy lawyers and see if they are willing to take over your case. It is very important that you have an attorney that you can work with in dealing with you 13 case. Look on Justia for a bankruptcy lawyer in your area. Good luck!
Q. how do i find a bankruptcy record filed in amarillo in 2003
A: Contact the Bankruptcy Court clerk. J. Marvin Jones Federal Building 205 Southeast Fifth Ave., Rm 133 Amarillo, Texas 79101-1559 806.324.2302 They will able to help you. Good luck!
Q. Can I get my school loans dismissed if I file for bankruptcy?
A: While very hard to do, sometimes you can discharge student loans in bankruptcy. Many of the facts you indicate would be factors that a bankruptcy judge would consider. See a bankruptcy lawyer in your area and let them advise you if bankruptcy would be a good option. You can look on Justia for a lawyer near you. hope it works out. Good luck!
Q. I am under a repayment plan with the IRS. Can I file bankruptcy to stop a foreclosure on a rental property?
A: You will need to see a bankruptcy lawyer before the foreclosure date to determine if you qualify to file a bankruptcy case. Chapter 13 is most likely going to be the best way to stop the foreclosure and maybe keep the rental property. The IRS repayment can be dealt with in a chapter 13 plan and the fact you are paying the IRS now will not prevent a chapter 13 filing. This is a situation that is not DIY. You will need a bankruptcy lawyer asap to see what your options are. Look on Justia for a lawyer in your area. Hope it works out. Good luck!
Q. If one spouse files for bankruptcy and another doesn't, how does that affect jointly held property?
A: Depends on what the property is and most importantly is there equity in the property. The filer may be able to exempt their half of any value and the trustee could not take the non-filers interest. If real estate you may have a tenancy by the entireties issue. You really need to discuss with a bankruptcy lawyer to see what options you both have and the impact of one filing bankruptcy. Are we looking at chapter 7 or 13? A lot of further information needed. Look on Justia for a bankruptcy lawyer near you. Hope it works out. Good luck!
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Contact & Map
David E. Phillips, Attorney at Law
2525 Lebanon Pike
Nashville, TN 37214
USA
Telephone: (615) 883-9562
Fax: (615) 885-2141