Tennessee Code Annotated
Tenn. Code Ann. § 39-14-116 (2026)
Hindering secured creditors
✓ current as of May 2026
- (a) A person who claims ownership of or interest in any property which is the subject of a security interest, security agreement, deed of trust, mortgage, attachment, judgment or other statutory or equitable lien commits an offense who, with intent to hinder enforcement of that interest or lien, destroys, removes, conceals, encumbers, transfers, or otherwise harms or reduces the value of the property.
- (b) For purposes of this section, unless the context otherwise requires:
- (1) "Remove" means transport, without the effective consent of the secured party, from the state or county in which the property was located when the security interest or lien attached; and
- (2) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation.
- (c) An offense under this section is a Class E felony.
Acts 1989, ch. 591, § 1.
Notes of Decisions
Cited in 8
cases, 1998–2020 · leading case: First Nat'l Bank v. Simerlein (In re Simerlein), 497 B.R. 525 (Bankr. E.D. Tenn. 2013).
First Nat'l Bank v. Simerlein (In re Simerlein), 497 B.R. 525 (Bankr. E.D. Tenn. 2013). “” Tenn.Code Ann. § 39-14-116. Additionally, [a]ny person who intentionally presents or causes to be presented a false or fraudulent claim, or any proof in support of such claim, for the payment of a loss, or other benefits, upon any contract of insurance coverage, or automobile…”
State v. Norton, 55 S.W.3d 580 (Tenn. Crim. App. 2001). “[sic] Motors, with intent to hinder enforcement of said interest, did wreck the aforementioned automobile and purchased a new car with the insurance proceeds instead of paying off the note on the aforementioned automobile, in violation of TCA 39-14-116 and against the peace and…”
Kenneth E. Nelson v. Eugene N. Bulso, Jr., 149 F.3d 701 (7th Cir. 1998). “assignment may well constitute a Class E felony under Tenn.Code Ann. § 39-14-116 (Exhibit *703 5).”
State of Tennessee v. Roy Allen Carey (Tenn. Crim. App. 2017). “agreement, deed of trust, mortgage, attachment, judgment or other statutory or equitable lien held by George Thomas, to-wit: a 2002 Honda Odyssey, and did unlawfully and with the intent to hinder enforcement of that interest remove, conceal, encumber, transfer or otherwise harm…”
State of Tennessee v. Elizabeth Lynn Schmitz (Tenn. Crim. App. 2020). “T.C.A. § 39-14-116. In 2012, Defendant bought a 2006 white Ford Taurus through an online auction from the State of Tennessee.”
State of Tennessee v. Spike William Hedgecoth (Tenn. Crim. App. 2000). “E2000-00051-CCA-R3-CD March 12, 2001 The defendant, Spike William Hedgecoth, was convicted by a Cumberland County jury of hindering a secured creditor, Tenn. Code Ann. § 39-14-116 , a Class E felony.”
State of Tennessee v. Daniel Paul Batchelor (Tenn. Crim. App. 2001). “Tenn. Code Ann. § 39-14-116 (a). Following a bench trial, the trial court convicted the Defendant of the indicted offense, which is a Class E felony.”
State v. Jason Norton (Tenn. Crim. App. 2000). “Tenn. Code Ann. § 39-14-116 (a). Upon examining the allegations in the hindering a secured creditor count, we find each of the required elements is alleged.”
— Tenn. Code Ann. § 39-14-116(a) — 3 cases
State v. Norton, 55 S.W.3d 580 (Tenn. Crim. App. 2001). “[sic] Motors, with intent to hinder enforcement of said interest, did wreck the aforementioned automobile and purchased a new car with the insurance proceeds instead of paying off the note on the aforementioned automobile, in violation of TCA 39-14-116 and against the peace and…”
State of Tennessee v. Roy Allen Carey (Tenn. Crim. App. 2017). “agreement, deed of trust, mortgage, attachment, judgment or other statutory or equitable lien held by George Thomas, to-wit: a 2002 Honda Odyssey, and did unlawfully and with the intent to hinder enforcement of that interest remove, conceal, encumber, transfer or otherwise harm…”
State of Tennessee v. Spike William Hedgecoth (Tenn. Crim. App. 2000). “E2000-00051-CCA-R3-CD March 12, 2001 The defendant, Spike William Hedgecoth, was convicted by a Cumberland County jury of hindering a secured creditor, Tenn. Code Ann. § 39-14-116 , a Class E felony.”
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