Tennessee Code Annotated

Tenn. Code Ann. § 26-4-101 (2026)

Grounds for complaint on unsatisfied execution - Discovery

✓ current as of May 2026

Find cases: SyfertCases citing this section JustiaTenn. Code CornellLII Search CasesGoogle Scholar

The creditor whose execution has been returned unsatisfied, in whole or in part, may proceed in the court granting the judgment, or may file a complaint in a court of general jurisdiction against the defendant in the execution and any other person, to compel the discovery of any property, including stocks, choses in action or money due such defendant, or the defendant's interest in property held in a trust for the defendant, except when the trust is exempt from the claims of the defendant's creditors under §§ 35-15-501 - 35-15-509 of the Tennessee Uniform Trust Code.

Amended by 2013 Tenn. Acts, ch. 390,s 25, eff. 7/1/2013.

Code 1858, § 4283 (deriv. Acts 1832, ch. 11, § 1); Shan., § 6092; Code 1932, § 10353; Acts 1943, ch. 108, § 1; mod. C. Supp. 1950, § 10353; T.C.A. (orig. ed.), § 26-601; Acts 1988, ch. 854, § 2; 1989, ch. 364, § 1; 1992, ch. 951, §§ 2, 3; 1993, ch. 259, §§ 1-3; 2002, ch. 735, § 1; 2004, ch. 537, § 96.

Notes of Decisions

Cited in 16 cases (2 in the last 5 years), 1984–2023 · leading case: Atkins v. Marks, 288 S.W.3d 356 (Tenn. Ct. App. 2008).

Sort: Relevance Newest Treatment

Atkins v. Marks, 288 S.W.3d 356 (Tenn. Ct. App. 2008). · cites it 10× “Tenn.Code Ann. § 26-4-101 (Supp.2007). Moreover, in its provisions addressing execution and the bill to subject property, the Tennessee Code provides that [tjhe creditor has a lien lis pendens upon the property of the defendant situated in the county of suit, if properly…”

Baskin v. Com. Union Bank of Rutherford Cnty., 715 S.W.2d 350 (Tenn. Ct. App. 1986). · cites it 8× “If not, does Item I place a reasonable restriction upon alienation of the property? We first discuss whether the will creates a spendthrift trust.”

Warrick v. Wright, 884 S.W.2d 126 (Tenn. Ct. App. 1994). · cites it 4× “However, “a fundamental predicate for application of [ Tenn. Code Ann. § 26-4-101 ] is that there shall be (1) a trust, and (2) an active trust.”

In Re Ridenour, 45 B.R. 72 (Bankr. E.D. Tenn. 1984). · cites it 2× “The Tennessee spendthrift trust statute provides that a debtor’s beneficial interest in a trust is beyond a creditor’s reach only “when the trust has been created by, or the property so held has proceeded from some person other than the defendant himself, and the trust is…”

In Re Faulkner, 79 B.R. 362 (Bankr. E.D. Tenn. 1987). · cites it 2× “Tenn.Code Ann. § 26-4-101. Besides the statute’s express requirements, the courts have added the requirement that the trust must be an “active” rather than a “dry” trust, which basically means that the property must be under the control of the trustee rather than the…”

In Re Elsea, 47 B.R. 142 (Bankr. E.D. Tenn. 1985). · cites it 2× “Tenn. Code Ann. § 26-4-101 . Besides the statute’s express requirements, the courts have added the requirement that the trust must be an “active” rather than a “dry” trust, which basically means that the property must be under the control of the trustee rather than the…”

Johnson v. Cooper (In Re Cooper), 135 B.R. 816 (Bankr. E.D. Tenn. 1992). · cites it 3× “Tennessee Code Annotated § 26-4-101(a) (1980) (amended in 1988 & 1989).”

Brown v. Westvaco Corp. (In Re Cassada), 86 B.R. 541 (Bankr. E.D. Tenn. 1988). · cites it 2× “Tenn.Code Ann. § 26-4-101; In re Elsea, 47 B.”

Bucy v. Evans (In Re Evans), 88 B.R. 813 (Bankr. M.D. Tenn. 1988). · cites it 2× “§ 26-4-101(a), the “1832 Amendment,” states: The creditor whose execution has been returned unsatisfied, in whole or in part, may file a bill in the chancery court against the defendant in the execution, and any other person or corporation, to compel the discovery of any…”

Edgefield Holdings, LLC v. The Blumberg 2 Trust (E.D. Tenn. 2023). · cites it 9× “See Tenn. Code Ann. §26-4-101 . But Section 26-4-101 provides: The creditor whose execution has been returned unsatisfied, in whole or in part, may proceed in the court granting the judgment, or may file a complaint in a court of general jurisdiction against the defendant in the…”

In Re Stansberry, 101 B.R. 508 (Bankr. E.D. Tenn. 1989). · cites it 4× “Tenn.Code Ann. § 26-4-101.[ 11 ] Besides the statute’s express requirements, the courts have added the requirement that the trust must be an “active” rather than a “dry” trust, which basically means that the property must be under the control of the trustee rather than the…”

John Mark Atkins, surviving spouse & next of kin of Victoria H. Atkins, & as parent of Lauren Atkins v. Robert Clive Marks (Tenn. Ct. App. 2008). · cites it 10× “Tenn. Code Ann. § 26-4-101 (Supp. 2007). Moreover, in its provisions addressing execution and the bill to subject property, the Tennessee Code provides that [t]he creditor has a lien lis pendens upon the property of the defendant situated in the county of suit, if properly…”

Show all 16 citing cases →

— Tenn. Code Ann. § 26-4-101(a) — 5 cases

Baskin v. Com. Union Bank of Rutherford Cnty., 715 S.W.2d 350 (Tenn. Ct. App. 1986). “If not, does Item I place a reasonable restriction upon alienation of the property? We first discuss whether the will creates a spendthrift trust.”

Johnson v. Cooper (In Re Cooper), 135 B.R. 816 (Bankr. E.D. Tenn. 1992). “Tennessee Code Annotated § 26-4-101(a) (1980) (amended in 1988 & 1989).”

Warrick v. Wright, 884 S.W.2d 126 (Tenn. Ct. App. 1994). “However, “a fundamental predicate for application of [ Tenn. Code Ann. § 26-4-101 ] is that there shall be (1) a trust, and (2) an active trust.”

Bucy v. Evans (In Re Evans), 88 B.R. 813 (Bankr. M.D. Tenn. 1988). “§ 26-4-101(a), the “1832 Amendment,” states: The creditor whose execution has been returned unsatisfied, in whole or in part, may file a bill in the chancery court against the defendant in the execution, and any other person or corporation, to compel the discovery of any…”

Edgefield Holdings, LLC v. The Blumberg 2 Trust (E.D. Tenn. 2023). “See Tenn. Code Ann. §26-4-101 . But Section 26-4-101 provides: The creditor whose execution has been returned unsatisfied, in whole or in part, may proceed in the court granting the judgment, or may file a complaint in a court of general jurisdiction against the defendant in the…”

— Tenn. Code Ann. § 26-4-101(b) — 1 case

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.