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Nevada Bankruptcy Legal Questions

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141 legal questions have been posted about bankruptcy by real users in Nevada. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include commercial bankruptcy, consumer bankruptcy, and foreclosures. All topics and other states can be accessed in the dropdowns below.
Nevada Bankruptcy Questions & Legal Answers
Do you have any Nevada Bankruptcy questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 141 previously answered Nevada Bankruptcy questions.
Bankruptcy
Nevada

Recent Legal Answers

I received a red card notice from Laughlin Constable, do I have to contact them before filing for bankruptcy?

Answered 4 years and 6 months ago by William Eugene Maddox, Jr. (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Bankruptcy
The attorney you hire to file your case would probably like to have a copy of the summons, that way they can list the case number, and notice everyone involved properly, as well as know the proper amount of the debt. 
The attorney you hire to file your case would probably like to have a copy of the summons, that way they can list the case number, and notice... Read More

What happens after bankruptcy case is dismissed?

Answered 8 years and 6 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
You can remain in the property till the foreclosure sale.
You can remain in the property till the foreclosure sale.

How do I prove to the district court why I filed without certificate for Chapter 13?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
The certificate has a date and time printed in it. As long as it was completed before filing, no problem.
The certificate has a date and time printed in it. As long as it was completed before filing, no problem.

If I filed bankruptcy and surrendered damaged car can, the lender come after me for the damages?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
No, the debt for damaging the vehicle would be discharged in the bankruptcy.
No, the debt for damaging the vehicle would be discharged in the bankruptcy.

Are SSDI back payments exempt from chapter 7?

Answered 8 years and 6 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
SSDI payments are exempt assets in bankruptcy but the payments from disability insurance are only exempt to the extent they are necessary for your support.
SSDI payments are exempt assets in bankruptcy but the payments from disability insurance are only exempt to the extent they are necessary for your... Read More

Can they still hold her / us liable for it and can we still sell the property?

Answered 8 years and 7 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
You can notify the other attorney that her mortgage debt was discharged in the BR-and prove it by sending him or her a copy of the schedules of debts she filed, and a copy of her Discharge.
You can notify the other attorney that her mortgage debt was discharged in the BR-and prove it by sending him or her a copy of the schedules of debts... Read More

Can they still hold her / us liable for it and can we still sell the property?

Answered 8 years and 7 months ago by Kimberly Ann Fives (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
I'm sorry your question is not very clear. Assuming you're talking about your primary residence at the time your wife filed for bankruptcy if it was included in the chapter 7 she would have been able to exempt a certain amount of equity in the home at the time as long as her payments were current or she cured any default. I suggest you consult with a bankruptcy attorney.... Read More
I'm sorry your question is not very clear. Assuming you're talking about your primary residence at the time your wife filed for bankruptcy if it was... Read More

Can you be put on house arrest if you owed money to another person?

Answered 8 years and 7 months ago by Stacy Joel Safion (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Absolutely not.
Absolutely not.

May I purchase term life insurance before filing for Chapter 7 and is there an amount I should stay within?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Yes, you can purchase term insurance before filing a Chapter 7. As long as the amount of life insurance is reasonable for your circumstances, there is no limit to the amount you can purchase (insurance companies generally will not sell you an unreasonable amount of life insurance).
Yes, you can purchase term insurance before filing a Chapter 7. As long as the amount of life insurance is reasonable for your circumstances, there... Read More

Can I stop foreclosure by filing bankruptcy through chapter 13?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
In Ohio, you can stop a foreclosure by filing bankruptcy up to the sheriff's sale of the property. So, if the sheriff's sale is scheduled for 9:00 AM and you get your bankruptcy filing time-stamped at 8:59 AM the sheriff's sale is void and you can cure the mortgage default through the bankruptcy.... Read More
In Ohio, you can stop a foreclosure by filing bankruptcy up to the sheriff's sale of the property. So, if the sheriff's sale is scheduled for 9:00 AM... Read More

How do you sue a co debtor who hasn't filed bankruptcy?

Answered 8 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
You can file suit against a co-debtor or guarantor of a debtor in Chapter 11. There is no stay against collection for a co-debtor in Chapter 11.
You can file suit against a co-debtor or guarantor of a debtor in Chapter 11. There is no stay against collection for a co-debtor in Chapter 11.

Is it possible for me to file bankruptcy if I currently owe over $150,000 in private loan debt?

Answered 8 years and 8 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
The $150,000 debt is no obstacle to filing bankruptcy. This may make it easier for you to pay your student loans, which are not dischargeable in bankruptcy (unless you are virtually disabled). The student loan people at the department of education in GC have a number of programs that could make payment easier for you. I think when you wrote the word forgiveness in your question, you meant forbearance, which is a different thing. I suggest that you call the department of education in DC and asked to speak to the Office of the ombudsman.... Read More
The $150,000 debt is no obstacle to filing bankruptcy. This may make it easier for you to pay your student loans, which are not dischargeable in... Read More

When I die, can my son’s creditors go after the money if he is executor of my revocable trust?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
No, your son's creditors can't attach any money that he's holding in trust. Only if money is distributed from the trust can his post-bankruptcy creditors attempt to take it.
No, your son's creditors can't attach any money that he's holding in trust. Only if money is distributed from the trust can his post-bankruptcy... Read More

How long after the discharge do I have to wait so the creditors don’t take any of the profit?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
When your case is closed, your creditors can no longer take any portion of the proceeds of the sale of your home.
When your case is closed, your creditors can no longer take any portion of the proceeds of the sale of your home.

Does the bar date for filing a claim in chapter 13 reset if case is dismissed then reinstated?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
The bar date doesn't change when a case is dismissed and reinstated.
The bar date doesn't change when a case is dismissed and reinstated.

Can creditors go after my money when I die and my trust is in the hands of my son who went bankrupt a few years ago?

Answered 8 years and 8 months ago by Linda S Novakov (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
If your son is appointed as Trustee and is acting in a fiduciary capacity, the money belongs to the Trust - not to him. First there would be no personal attachment to Trust funds. Second, if his debt was discharged, the creditors can't come back later to attach funds for the debts that were previously discharged.... Read More
If your son is appointed as Trustee and is acting in a fiduciary capacity, the money belongs to the Trust - not to him. First there would be no... Read More

What is the best way to protect myself if I can't Homestead it?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Any interest in property that you own may be attached for a judgment. So, it is possible to attach jointly held property in a revocable trust. However, the judgment creditor will have to identify the property and file the property documents to attach your interest. Often, a judgment creditor won't bother unless the interest is quite valuable.... Read More
Any interest in property that you own may be attached for a judgment. So, it is possible to attach jointly held property in a revocable trust.... Read More

If bankruptcy has been discharge and my vehicle is paid for, why won't the bank release the title?

Answered 8 years and 8 months ago by David Michael Benson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
If a phone call and a letter gets you nowhere, file a complaint with the Better Business Bureau and talk to the Consumer Protection Section at the Ohio Attorney General's office in Columbus. That should get their attention.
If a phone call and a letter gets you nowhere, file a complaint with the Better Business Bureau and talk to the Consumer Protection Section at the... Read More

If bankruptcy has been discharge and my vehicle is paid for, why won't the bank release the title?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Lender who have discharged loans secured by junkers often try to squeeze a payment out of the debtors by refusing the release the title. Send them a letter threatening them with a motion for contempt of court for violation of the discharge injunction and they will usually turn over the title - free and clear. If not, talk to a lawyer about filing the motion for contempt. The best thing about contempt motions is the lender pays the attorney fees.... Read More
Lender who have discharged loans secured by junkers often try to squeeze a payment out of the debtors by refusing the release the title. Send them a... Read More

Will they take my money if I retired from my job, went to another one, and cashed in my 401k?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
If you cashed in your 401(k), did you roll it over to an IRA? Then you're OK and it will not be taken in bankruptcy. But if you are just holding the cash, then (1) you're not dumber than a bag of hammers but no much smarter and (2) the bankruptcy court will take the money.
If you cashed in your 401(k), did you roll it over to an IRA? Then you're OK and it will not be taken in bankruptcy. But if you are just holding the... Read More

How long should the final decree take?

Answered 8 years and 8 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
While your question is not entirely clear, you can usually add a creditor just before discharge or even for a reasonable time afterward. The Trustee has a good long time to assemble the assets and pay them out. It could take as much as two years. It makes sense to amend your schedule is to include this newly discovered creditor very soon period.... Read More
While your question is not entirely clear, you can usually add a creditor just before discharge or even for a reasonable time afterward. The Trustee... Read More

Is there any way I can file bankruptcy if now I am stuck paying almost $50,000 to a school that does not exist anymore?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Bankruptcy court is the wrong place to go about a school that was a scam. Apply to the Department of Education.
Bankruptcy court is the wrong place to go about a school that was a scam. Apply to the Department of Education.

Would it be wise to add my name on the house or me putting my name on the house affect me filing for bankruptcy?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Generally, having your name on your residence won't affect filing bankruptcy. Ohio has a $132,000 exemption for equity in your home, so unless you're really putting a lot down, any equity would be exempt.
Generally, having your name on your residence won't affect filing bankruptcy. Ohio has a $132,000 exemption for equity in your home, so unless you're... Read More

If I apply for a chapter 7 and find that I lose the house in a sale, before converting to a chapter 13, can I negotiate with the chapter 7 trustee?

Answered 8 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
You can always negotiate with the Chapter 7 trustee. The trustee's fees can't be paid by a house, only by cash. So getting cash instead of property is the dream of trustees.
You can always negotiate with the Chapter 7 trustee. The trustee's fees can't be paid by a house, only by cash. So getting cash instead of property... Read More

Can you withdraw money from IRA (72t) for chapter 13 payments without adversely affecting the payment plan amount?

Answered 8 years and 9 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
First, you're under an obligation to report material changes in your circumstances. Maybe you're Hillary Clinton and perjury isn't a big deal to you but most of us are a little tetchy about committing felonies. Usually a moderate raise (less than 20%) won't change your payments. Anything more than that, talk to your attorney.... Read More
First, you're under an obligation to report material changes in your circumstances. Maybe you're Hillary Clinton and perjury isn't a big deal to you... Read More
Bankruptcy
Nevada

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