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What happens if the seller of property files for bankruptcy and the bankruptcy trustee tries to undo the transaction?  Is the buyer protected by the buyer’s title insurance policy?  The Tennessee [...]

Tennessee follows the American Rule that a successful litigant normally has to bear its own attorneys fees.  The typical exceptions to the rule are:  (1) if the statute the party is suing under [...]

Assume that Alex and Casey own a house.  If they bought the house during the marriage, they are presumed to own it as “tenants by the entireties.”  Entireties property is not subject to the [...]

The holy grail of litigation is winning the case and getting the other side to pay your attorneys fees.  When this happens the loser may consider bankruptcy to avoid having to pay the judgment [...]

Earlier this week, the Tennessee Court of Appeals decided an important, and unprecedented, issue affecting the ability of creditors to garnish funds.  A garnishment is an order issued to a third [...]

In this post I discuss an issue that frequently comes up when an LLC is the defendant in a lawsuit:  If I’m the plaintiff, can I “pierce the veil” to reach beyond the defendant LLC to the members [...]

It is common wisdom that there is a four-year lookback period in bankruptcy for fraudulent transfer claims.  A fraudulent transfer claim alleges that the debtor transferred property to someone, [...]

In my last blog post, I discussed the rights of a creditor when the debtor owns interests in an LLC.  Can the creditor reach the assets of the LLC?  Under Tennessee law, the answer is no.  The [...]

Welcome to the Sherrard Roe Voigt & Harbison blog.  I’m excited about this project. I’m going to be blogging about issues at the intersection of litigation and bankruptcy.  Things like, okay, [...]