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Tennessee Bankruptcy Laws

Tennessee has notably low bankruptcy exemptions, particularly the homestead exemption of just $5,000 per individual ($7,500 per individual for joint filers). Tennessee does not allow debtors to use federal bankruptcy exemptions — state exemptions are mandatory. The wildcard exemption of $10,000 can partially offset the low homestead, but Tennessee remains one of the less favorable states for debtors seeking to protect assets in bankruptcy.

Last verified: 2026-02-25

Filing Requirements

Filing Fee$338 (Chapter 7); $313 (Chapter 13)

Standard federal filing fees. Tennessee has three federal bankruptcy court districts: Eastern (Knoxville, Chattanooga), Middle (Nashville), and Western (Memphis, Jackson).

Credit Counseling

Pre-filing credit counseling and pre-discharge debtor education are required (federal requirements).

Key Tennessee Statutes

Homestead ExemptionT.C.A. § 26-2-301

Tennessee's homestead exemption is just $5,000 per individual. Joint filers (married couple) can each claim $7,500 (total $15,000). This is one of the lowest homestead exemptions in the nation. The exemption applies to real property used as a principal residence.

Wildcard ExemptionT.C.A. § 26-2-103

Tennessee provides a $10,000 wildcard exemption that can be applied to any property, including equity in a home beyond the homestead exemption. This is one of the more generous wildcard exemptions nationally and partially offsets the low homestead.

Personal Property ExemptionsT.C.A. § 26-2-102 et seq.

Key exemptions include: tools of the trade up to $1,900, one motor vehicle (no equity cap specified — covered by wildcard), wearing apparel and school books, family pictures and portraits, the family Bible, and health aids prescribed by a physician.

Retirement Account ExemptionsT.C.A. § 26-2-105

Tax-qualified retirement accounts (401(k), IRA, pension plans) are fully exempt from creditor claims with no dollar limit. This is Tennessee's strongest asset protection for most debtors.

No Federal Exemption ElectionT.C.A. § 26-2-112 (opt-out under 11 U.S.C. § 522(b))

Tennessee has opted out of the federal bankruptcy exemption scheme. Debtors must use Tennessee state exemptions, which are generally less favorable than the federal alternative for homeowners.

Wage ExemptionT.C.A. § 26-2-106

The greater of 75% of disposable weekly earnings or 30 times the federal minimum hourly wage is exempt from wage garnishment. Tennessee follows the federal garnishment limit formula.

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Tennessee.

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