For the first time in nearly a decade, the post-judgment interest rate has decreased

It has been nearly 8 years since Tennessee changed the post-judgment interest rate by amending Tenn. Code Ann. § 47-14-121. For years, the rate was set in stone–at 10%–and the new statute created a variable interest rate tied to the formula rate published by the Tennessee Department of Financial Institutions. After starting at a very judgment-debtor … Continue reading “For the first time in nearly a decade, the post-judgment interest rate has decreased”

Trust in Bankruptcy Lawyers to Save Krystal's

Yes, Krystal’s filed for Chapter 11 Bankruptcy. But, don’t worry. A bankruptcy filing doesn’t mean that the South’s favorite tiny hamburger is going away. In fact, there’s a good chance it’ll be a stronger chain after all this. Krystal’s financial problems appear to be a relatively new problem, based on documents filed in the main … Continue reading “Trust in Bankruptcy Lawyers to Save Krystal's”

A Service of Process challenge may not overcome your Judgment

Service of process is a hot issue in Tennessee law. The reason is obvious: Without proper service of process, any subsequent action taken in a case is void. Part of the reason service issues are coming up so frequently lately is the comparison between the 2009 economy and the 2019 economy. Judgment debtors have more … Continue reading “A Service of Process challenge may not overcome your Judgment”

Remember: Detainer Appeals without the possessory bond are still valid appeals

Posting the proper bond in an eviction appeal in Tennessee is confusing and, sometimes, very expensive. Remember, though, if a landlord is granted an eviction judgment, the tenant can still have a valid appeal, even if the tenant doesn’t post the possessory bond required by Tenn. Code Ann. § 29-18-130(b)(2). I thought this issue was … Continue reading “Remember: Detainer Appeals without the possessory bond are still valid appeals”

Judgment Renewal is Easy; Calendaring the Deadline can be Hard

Nearly ten years ago, I preached about the virtues of patience and perseverance in collection of judgments. Specifically, I discussed Tenn. Code Ann. § 28-3-110, which says that judgments are good for ten years. For judgment creditors, a lot can change for your judgment debtors in ten years. I constantly tell my clients that. For … Continue reading “Judgment Renewal is Easy; Calendaring the Deadline can be Hard”

Give your time this season, and volunteer next weekend.

It’s the holiday season, where we’re bombarded with commercials about door-buster sales and new Lexus cars with red bows on them. But, at the movie theatres, there’s that Mr. Rogers movie, with the one scene that I’ve seen lots of people talking about. The scene is based on an award acceptance speech, in which Mr. … Continue reading “Give your time this season, and volunteer next weekend.”

New Tennessee Court of Appeals decision provides advice for foreclosures of real property developments

A new opinion from the Tennessee Court of Appeals provides valuable guidance to attorneys foreclosing on commercial properties. The matter is Tennessee Funding, LLC. v. William Worley (No. M2019-01099- COA-R-CV, Tenn. Ct. App. Nov. 26, 2019), and the issue was whether a foreclosing lender took ownership of the contract rights associated with the real property–specifically, … Continue reading “New Tennessee Court of Appeals decision provides advice for foreclosures of real property developments”

Medical Debts: The Burden that Keeps on Crushing Debtors

A few months ago, I wrote about a hospital in Memphis that made national news for suing its employees for unpaid medical bills. At the time, I was critical of the practice, both because it was terrible public relations for the employer and also such a hardship on the employees. This new decision from the … Continue reading “Medical Debts: The Burden that Keeps on Crushing Debtors”

341: Nashville lawyers go to US Supreme Court, while Memphis lawyers settle the most talked about Tennessee lawsuit

From the Supreme Court to Nashville… I’m on a plane from Washington, DC, with about 7 Nashville lawyers riding with me, after yesterday’s United States Supreme Court oral arguments that featured Nashville bankruptcy lawyers on both sides. Here’s how SCOTUS Blog framed the issue: whether a bankruptcy court’s denial of a creditor’s motion seeking relief … Continue reading “341: Nashville lawyers go to US Supreme Court, while Memphis lawyers settle the most talked about Tennessee lawsuit”

The James Wiseman saga mixes my two favorite things: Memphis basketball and Chancery Court procedure

The James Wiseman news ruined my Friday evening. It doesn’t get more ominous than this: First, I’m a Memphis fan. This includes the University of Memphis, the basketball team, the football team, the people of Memphis, and the city itself. (Side Note: As a Memphian For Life, how awesome was it to see my Memphis … Continue reading “The James Wiseman saga mixes my two favorite things: Memphis basketball and Chancery Court procedure”