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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)
-
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
57 Questions Answered

Q. WHEN CAN I START PROCEEDINGS TO FILE A 2ND BANKRUPTCY IF IT WAS DISCHARGED 8/2010
A: You count from the filing date of the 2010 petition, not the discharge date. Hope that helps. Good luck!
Q. i filed ch 7 in 6/10 can i file again?
A: You cannot file chapter 7 again until June, 2018. To receive a discharge in chapter 7 it must be 8 years between filings. You count filing date to filing date. You may be able to file a chapter 13. Talk with a lawyer in your area to see what your options are. Hope it works out. Good luck!
Q. Do I have to contact my car lender if I wish to reaffirm my car loan in Chapter 7?
A: Yes, you need to contact the lender. Reaffirmation is up to the creditor. You can state your intention to reaffirm but it is the creditor's decision as to whether they wish to do so or not. The creditor usually prepares the agreement as they have all of the figures on the loan balance and will file it with the court. The creditor and you have to sign it. You may need to discuss this with a bankruptcy lawyer. It is not always necessary to reaffirm a debt and may not be in your best interest. Hope it works out. Good luck!
Q. How many times are you allowed to claim bankruptcy? What is the maximum amount allowed on a chapter 7
A: You can only get a discharge in a chapter 7 case once every 8 years. You count filing date to filing date. If you qualify to file there is no limit on the number of times you can file other than the discharge restriction stated above. There is no limit on the amount you owe to file chapter 7. There is a dollar limit on chapter 13 filing. Talk with a bankruptcy lawyer near you to see what your options are. Hope it works out. Good luck!
Q. I have no idea how or where to start the bankruptcy process. What are the first steps I need to take?
A: Put together a list of all of your debts, all of your assets, 6 months of your income from all sources and do a monthly budget of your normal living expenses.Also, any lawsuits you are involved with. See a bankruptcy lawyer in your area and they will be able to review your situation and see if bankruptcy is a good option for you. Hope it works out. Good luck.
Q. Can we be sued for not paying our mortgage after a discharged bankruptcy?
A: You can pack up and move anytime you wish. The creditor cannot pursue you for the debt. You were very wise to not reaffirm the mortgage. Most lawyers do not recommend a reaffirmation agreement on the mortgaged real estate. You may still be liable for the local city and county code laws regarding the upkeep of the property until the mortgage company forecloses. Check with a lawyer in your area before you vacate the property. Hope it works out. Good luck!
Q. Do I have to file bankruptcy on all the accounts I owe, or can I keep some?
A: You have to list all debts you have in your bankruptcy schedules. You can agree to reaffirm certain debts if you wish and the creditor agrees. This means you would be responsible for the debt and would not get rid of it in bankruptcy along with all your other debts. Talk with a bankruptcy lawyer in your area to be sure you are making the right decision regarding your creditors. Hope it works out. Good luck!
Q. Is there a limit to the number of times a person can file for bankruptcy?
A: There is a time limit on the ability to receive a discharge of your debts in a bankruptcy case. It is 8 years from filing date to filing date in consecutive chapter 7 filings if you received a discharge in the first case.. The rules are different for chapter 13. So, you could file before the time runs but you would not be able to get a discharge of the debt, the main purpose of filing. See a bankruptcy lawyer in your area to determine your options. Hope it works out. Good luck!
Q. If your still married but seperated and your spouse filed bankruptcy can you file
A: If you meet the qualifications to file, the fact that your wife filed would not prevent you from also filing. call a bankruptcy lawyer and see what your options are. 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