Breeding & Henry, LLC

November 2018 Archives

Changes in Tennessee Law Regarding Parent Relocation:

In July of 2018, the Tennessee statute which governs relocation of a parent with a minor child was amended. After custody or co-parenting has been established by the entry of a permanent parenting plan or final order, a parent who wishes to relocate outside the state or more than fifty (50) miles from the other parent within the same state, must send notice to the non-relocating parent at least sixty (60) days prior to moving with the child.

Breach of Peace

Creditors that have entered into a valid security agreement with debtors do have the right to self-help repossession when such a debtor defaults. In this instance, the creditor can bypass the court system and take matters into their own hands to regain possession of their collateral. This rule is encompassed by the Uniform Commercial Code and furthermore adopted by the State of Tennessee in Tenn. Code Ann. § 47-9-609(b)(2). That being said, creditors often do not apply the proper procedures and may unknowingly open up the possibility of being sued as a result of repossessing the collateral subject to the security agreement.

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