Keith Edmiston

Keith Edmiston

Bankruptcy Attorney - Chapters 7, 11, 12 and 13
  • Bankruptcy, Appeals & Appellate
  • Tennessee
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Biography

I currently practice bankruptcy law at the Nashville, TN office of a regional bankruptcy law firm. I have represented numerous debtors in consumer cases under Chapters 7 and 13, multiple farm cases under Chapter 12, and many business cases under Chapter 11. I have also represented trustees in cases under Chapters 7 and 11. Additionally, I have litigated a substantial number of adversary proceedings, including over a hundred adversary proceedings in a single Chapter 11 case. My bankruptcy cases have resulted in sixteen reported opinions and many additional opinions available on legal research databases.

I am admitted to practice in the U.S. Supreme Court, the United States Courts of Appeals for the 4th and 6th Circuits, the U.S. District Courts and Bankruptcy Courts for the Eastern and Middle Districts of Tennessee, and the Tennessee state courts. My appellate work includes a petition for certiorari in the U.S. Supreme Court, over twenty cases in the U.S. Court of Appeals for the 6th Circuit, and several cases before the Tennessee Court of Appeals.

In addition to bankruptcy matters, I have substantial experience in civil and commercial litigation, law enforcement liability and civil rights litigation, real estate law and litigation, banking and lending, and general business and corporate matters.

I was an Assistant Law Examiner with the Tennessee Board of Law Examiners for seven years, where I wrote and graded part of the bar exam. In addition to practicing law, I currently tutor students for the Uniform Bar Exam, as well as the Georgia, Florida, and California bar exams.

I have presented at seminars in the areas of bankruptcy and defense of law enforcement liability cases.

I am currently on the Board of Directors for a charity with over 2,500 members. I have previously served on the Board of Directors for an adult care center, and I served four years with the Knox County, Tennessee Foster Care Review Board.

Practice Areas
Bankruptcy
Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy
Appeals & Appellate
Civil Appeals, Federal Appeals
Additional Practice Areas
  • Bankruptcy - Chapter 12
  • Bankruptcy - Adversary Proceedings
Jurisdictions Admitted to Practice
Tennessee
Board of Professional Responsibility of the Supreme Court of Tennessee
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4th Circuit
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6th Circuit
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U.S. District Court, Eastern District of Tennessee
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U.S. District Court, Middle District of Tennessee
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U.S. Supreme Court
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Languages
  • English
Professional Experience
Attorney
Clark & Washington
- Current
Adjunct Faculty
Campbell University
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Bar Exam Instructor and Tutor
BarBri, Themis, Bar Max
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Attorney, Managing Partner
Edmiston Foster
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Attorney, Managing Member
Gribble, Carpenter & Associates
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Assistant Law Examiner
Tennessee Board of Law Examiners
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Wrote and graded bar exam essays; part of team reviewing and approving/denying applications for licensure
Attorney, Partner
Hodges, Doughty & Carson
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Education
University of Tennessee - Knoxville
J.D. (1996) | Law
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Honors: Graduated with honors
University of Tennessee - Knoxville Logo
East Tennessee State University
B.A. (1994) | English
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Professional Associations
Tennessee Bar Association
Member
- Current
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American Bankruptcy Institute
Member
- Current
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State Bar of Tennessee  # 18366
Member
- Current
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Publications
Articles & Publications
Tennessee Foreclosure and Related Title Issues
National Business Institute
Liability for Politics-Based Actions Against Government Employees
For the Defense
Speaking Engagements
Bankruptcy, CLE
Certifications
FDCPA and Regulation F Certification
Collection Certifications, LLC
Websites & Blogs
Website
Clark & Washington
Legal Answers
6 Questions Answered
Q. what is the process or cost to evict a previous owner in a foreclosure sale in tn
A: It's a relatively simple process. You file a detainer warrant with a copy of the Trustee's Deed or Substitute Trustee's Deed attached to it. It is only very rarely when someone has a defense to the detainer. Typically the occupant does not show up. Once you get a judgment, if they don't leave after 10 days have passed, you file a "writ of possession," which the sheriff then takes and sets the occupant and all belongings out of the house. If you would like assistance with this procedure, feel free to reach out to me.
Q. Got subpoenaed for a civil case from a debt collector who purchased the debt / child support might be involved also ???
A: Bankruptcy is certainly an option. Judgments are just as dischargeable as other debts, but sometimes its better to filea bankruptcy before the hearing, simply because a judgment can be recorded and operate as a lien on your property, real estate or personal property. Child support can be dealt with in bankruptcy. Ongoing support must be paid and kept current, but past support can be spread out over a number of months. If you will provide me with your email address, I can send you an email with my contact information. I think you can email me directly from a link on this site, I'm just not sure how it works. I'm happy to speak with you either today (Sunday) or tomorrow (Monday). I'm not sure what restrictions they have on the site about providing that information. Let me know if you have any difficulty.

Keith Edmiston
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Q. Self-storage owner is requiring insurance on my contents -- what's the law in TN that says I have to have ins
A: It is a matter of contract, not of law. Based on the information you provided, if a contract with a self-storage company provides that insurance is required, there is no law prohibiting that provision. For example, many landlords require residential tenants to have renter's insurance. Failure to comply with such contractual provisions could result in the self-storage company refusing to allow you to store your property there.
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Contact & Map
Clark & Washington, P.C.
1321 Murfreesboro Pike, Ste. 32
Nashville, TN 37217
US
Telephone: (615) 251-9782
Fax: (865) 862-8967