HOW A NEVADA CHAPTER 7 BANKRUPTCY FILING WORKS IN NEVADA

How a Chaper 7 bankruptcy works

Your Chapter 7 Bankruptcy officially begins when we file a Bankruptcy Petition on your behalf with the Nevada bankruptcy court.

 

In addition to the petition, the following documents must be filed with the Bankruptcy Court:

  • schedules of assets and liabilities
  • a schedule of current income and expenditures
  • statement of financial affairs
  • schedule of executory contracts and unexpired leases. Fed. R. Bankr. P. 1007(b).
  • most recently filed tax returns or transcrips of tax returns
  • any tax return filed during your bankruptcy case
  • any tax returns for previous years that had not yet been filed

If the majority of your debts are consumer debts (credit cards), the following documents must also be filed with the Bankruptcy Court: ( 11 U.S.C. § 521):

  • certificate of credit counseling
  • evidence of any payment from your employer(s), if any, received up to 60 days before filing;
  • statement of monthly net income
  • any anticipated increase in income or expenses after filing
  • record of any interest you may have in any federal or state qualified education or tuition accounts.

If married, you may file a joint petition with your spouse, or an individual petition if you are filing on your own. 11 U.S.C. § 302(a).

If you are filing with your spouse, all of the same documents filed in an individual bankruptcy must also be filed with a Joint Petition for Nevada Bankrutpcy.

As a part of filing your Chapter 7 bankruptcy we will collect the following information from you in order to complete the official Nevada bankruptcy forms:

  • list of all creditors and amount owed to them
  • th source, amount, and frequency of your income.
  • list of all the property you own
  • detailed list of your monthly living expenses

If you are married, we will need that same information for your spouse even if you are filing as an individual. This is so that the Bankruptcy Court can evaluate your household’s financial condition.

The large majority of collection actions against you will automatically stop upon filing. The sooner you file, the faster the harassment stops.11 U.S.C. § 362. The bankruptcy court clerk is obligated to give notice of your bankruptcy case to all the creditors whose names and addresses you provided to us and which we included in your bankruptcy petition.

About 3 – 5 weeks after we filed your bankruptcy petition, you will be required to attend a mandatory meeting of your creditors. The case trustee presides over this meeting and our attorney attends with you.

During this meeting, the trustee will put you under oath, after which the trustee and any creditors that may have come to the meeting may ask you questions. Most creditors do not appear at these meetings unless the debt is unusually large or there are other special reasons the creditor feels he or she should appear.

If you filed jointly with your spouse, you must both attend this meeting.

Within 10 days of the creditors’ meeting, the U.S. trustee will report to the court whether the case should be presumed to be an abuse under the means test described in 11 U.S.C. § 704(b).

The bankruptcy judges assigned to your case is prohibited from attending the meeting of your creditors. 11 U.S.C. § 341(c). Property of the estate. Under § 726, there are six classes of claims; and each class must be paid in full before the next lower class is paid anything. The debtor is only paid if all other classes of claims have been paid in full. Accordingly, the debtor is not particularly interested in the trustee’s disposition of the estate assets, except with respect to the payment of those debts which for some reason are not dischargeable in the bankruptcy case. The individual debtor’s primary concerns in a chapter 7 case are to retain exempt property and to receive a discharge that covers as many debts as possible.

Alternatives to Nevada Chapter 7 Bankruptcy Filing

  • If you are engaged in a business, including a corporation, partnership, or a sole proprietorship, you should consider filing a Nevada Chapter 13 Bankruptcy. It would allow you to keep your business and to keep operating it and earning income from it. Your debt would either be reduced or reorganized, or the time for repayment would be extended.
  • Even if you do not own your own business, but you do have an income, a Nevada Chapter 13 Bankruptcy would allow you to save your home from foreclosure, for instance.
  • If your current monthly income is more than the Nevada State Median Income, the Bankruptcy Code requires application of a “means test” to determine whether the chapter 7 filing is presumptively abusive.
  • Another option to a Nevada Chapter 7 Bankruptcy open to you is out-of-court agreements with creditors or debt counseling services, such as loan modifications.

back to the top

Nevada State Median Yearly Income

These amounts are approximate – the amounts change quarterly and our website may/may not have been updated yet on the day you read this. In any case, the amounts dont’ change very much, so it gives you an idea of where you might fit.

One individual in a family:45,642
Two individuals: $57,860
Three: $65,032
Four: $67,997
Add $6,900 more per year for each individual in excess of 4

back to the top

  WHY FILING YOUR NEVADA BANKRUPTCY WITH US IS YOUR BEST OPTION:

    • FREE credit reports!
    • Superior Service — you deal with ONE attorney only during the entire bankruptcy.
    • Attorney with 20+ years of Nevada Bankruptcy experience represents you and ALWAYS attends the creditors’ meeting with you!
    • Discount Prices
    • Full phone and email support during your Las Vegas Nevada bankruptcy
    • Dedication to truly serving your needs with compassion and integrity, to the best of our ability and power; all without judgment or criticism. Some of us have been where you are now…

Start the bankruptcy process here

 
Show Buttons
Hide Buttons