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 - Page 4
Do you have any Nevada Bankruptcy questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 141 previously answered Nevada Bankruptcy questions.

Recent Legal Answers

Can I get all of my money back if I havenโ€™t heard from my attorney?

Answered 9 years and 4 months ago by Carl C. Silver (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
I don't see why not.
I don't see why not.

How do I find out who to contact to buy a property that was lost in bankruptcy?

Answered 9 years and 4 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Check the real estate records to see who owns the property. That is the person/entity you want to contact.
Check the real estate records to see who owns the property. That is the person/entity you want to contact.

Since the bank does not want the property, if I pay off the back taxes, can I somehow keep title to the property?

Answered 9 years and 4 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
I don't think you can be sure the bank does want the property back. They could acquire it at the tax sale. But in all likelihood, so could you.
I don't think you can be sure the bank does want the property back. They could acquire it at the tax sale. But in all likelihood, so could you.

Will the foreclosure appear with the credit bureaus, even though all were discharged years ago?

Answered 9 years and 4 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Although creditors are prohibited from reporting payment information on debts that have not been reaffirmed after a bankruptcy, with a foreclosure, the information is part of the public record and gets reported to the credit bureaus. So this information will legally appear on your credit report because the creditor or mortgage company is not placing it on your credit report. Other options are available to prevent this but require effort by you.... Read More
Although creditors are prohibited from reporting payment information on debts that have not been reaffirmed after a bankruptcy, with a foreclosure,... Read More
Yes, they can charge interest and other late fees or collection fees according to the contract.
Yes, they can charge interest and other late fees or collection fees according to the contract.

If a company file a Chapter 11, has a mortgage on a business property, can they charge interests for the late days during the reorganization?

Answered 9 years and 4 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
No. The contract (or mortgage instrument) governs.
No. The contract (or mortgage instrument) governs.

If a company file a Chapter 11, has a mortgage on a business property, can they charge interests for the late days during the reorganization?

Answered 9 years and 4 months ago by Dorothy G. Bunce (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Not sure if I understand the question. If the company that filed Chapter 11 has to pay a mortgage, whether they pay interest on the mortgage, how much interest they pay, and when they pay it will be determined by the approved Chapter 11 Plan.
Not sure if I understand the question. If the company that filed Chapter 11 has to pay a mortgage, whether they pay interest on the mortgage, how... Read More
If there is equity in the property then the creditor may charge punitive as well as regular interest and it's attorneys fees.
If there is equity in the property then the creditor may charge punitive as well as regular interest and it's attorneys fees.
Your uncle needs to check his credit reports and correct any erroneous items.
Your uncle needs to check his credit reports and correct any erroneous items.

Can HOA charge late fees, place account in collection, or place a lien on a home where the mortgage is in chapter 13?

Answered 9 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
If they cashed the check then billed you a fee for collection, that's fraud.
If they cashed the check then billed you a fee for collection, that's fraud.

If I made payments, can they take garnishments without taking me back to court?

Answered 9 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Unless you have a written contract saying they won't garnish you if you make the payments, the creditor can garnish you at any time once they have a judgment.
Unless you have a written contract saying they won't garnish you if you make the payments, the creditor can garnish you at any time once they have a... Read More

If I am filing for bankruptcy but I have no idea how to do the matrix list, can I just hand write it?

Answered 9 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
You can hand write it, then take your buckboard to general store and the stagecoach will take it to the city to file it. Or you could type it out on your computer and file a .pdf.
You can hand write it, then take your buckboard to general store and the stagecoach will take it to the city to file it. Or you could type it out on... Read More

How do I have my bankruptcy dismissed?

Answered 9 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
In a Chapter 13, you just have to file that you are voluntarily dismissing your plan.
In a Chapter 13, you just have to file that you are voluntarily dismissing your plan.

Can marital residence, bought during marriage, which is only deeded in husband's name be attach by his judgment creditor?

Answered 9 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Yes, under most circumstances. Any lawyer worth their salt would have to review everything to give you a legal opinion (or a definitive answer).
Yes, under most circumstances. Any lawyer worth their salt would have to review everything to give you a legal opinion (or a definitive answer).

Can a creditor actually receive additional funds than the original claim amount if the trustee discovers more assets?

Answered 9 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
No, the most creditors can get in a Chapter 7 bankruptcy is the amount of their claim. Creditors can amend their claim, if they accidentally filed the wrong amount.
No, the most creditors can get in a Chapter 7 bankruptcy is the amount of their claim. Creditors can amend their claim, if they accidentally filed... Read More

Will there be an issue if I left work before filing bankruptcy?

Answered 9 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
The income test looks at your actual income for the past six months, there is no consideration of whether that income could be higher if you'd made different career choices.
The income test looks at your actual income for the past six months, there is no consideration of whether that income could be higher if you'd made... Read More

Will there be an issue if I left work before filing bankruptcy?

Answered 9 years and 5 months ago by attorney Mr. Rex K. Daines   |   7 Answers   |  Legal Topics: Bankruptcy
There will not be a problem that you were working before that since you have a legitimate reason for quitting your job. You do not need to worry about that becoming an issue.
There will not be a problem that you were working before that since you have a legitimate reason for quitting your job. You do not need to worry... Read More

If I marry, can she apply for a home loan and include my income her credit score is over 800?

Answered 9 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   6 Answers   |  Legal Topics: Bankruptcy
Income level and credit score are two entirely different things. For example, if a person with perfect credit and an income of $100,000 a year applies for a $2,000,000 mortgage with payments of $8,000 a month, they will be declined because their income isn't high enough to make the payments. On the other hand a person with a $100,000 and terrible credit would probably be declined on a $10,000 credit card. They have enough income to make the payments but their history shows they are unlikely to make the payments.... Read More
Income level and credit score are two entirely different things. For example, if a person with perfect credit and an income of $100,000 a year... Read More

Can I file bankruptcy and stop foreclosure or is a loan modification possible?

Answered 9 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Filing bankruptcy will stop a foreclosure, you can still get a loan modification while you are in bankruptcy.
Filing bankruptcy will stop a foreclosure, you can still get a loan modification while you are in bankruptcy.

Can I get my car out of the impound if I file a chapter 13?

Answered 9 years and 5 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
You can try. The problem is that the automatic stay of bankruptcy does not necessarily stop a police action. It may be that the impoundment of the car is not directly affected by the bankruptcy. Prevailing will require some very intelligent lawyering. I suggest you retain an experienced bankruptcy lawyer to represent you. It's almost always a good investment. Good luck.... Read More
You can try. The problem is that the automatic stay of bankruptcy does not necessarily stop a police action. It may be that the impoundment of the... Read More

Should we file bankruptcy or wait until after foreclosure?

Answered 9 years and 5 months ago by attorney Mr. Rex K. Daines   |   8 Answers   |  Legal Topics: Bankruptcy
It typically does not matter which happens first - the foreclosure or bankruptcy. If you are filing a bankruptcy together, that must be done prior to the divorce being final, otherwise, you will need to file (and pay for) two separate bankruptcies.
It typically does not matter which happens first - the foreclosure or bankruptcy. If you are filing a bankruptcy together, that must be done prior... Read More

Can those creditors come after me if they didnโ€™t file?

Answered 9 years and 5 months ago by attorney Mr. Rex K. Daines   |   8 Answers   |  Legal Topics: Bankruptcy
Not quite enough information to answer your question. If you listed a credit with a valid address at the time you filed the case, then it is the creditor's fault that they did not file a claim in time to get any of the chapter 13 money. If you did not list them with a good address or you listed them too late, then it is your fault and the debts will survive bankruptcy. Your attorney can provide you with a "BNC matrix" of the 341(a) meeting that shows who got timely notice of the bankruptcy filing.... Read More
Not quite enough information to answer your question. If you listed a credit with a valid address at the time you filed the case, then it is the... Read More

Can I walk away and get another home and let the house go without messing up my credit again?

Answered 9 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Speak to three different mortgage brokers. I think walking away will hurt your credit big time, although that is an option since you did not reaffirm the debt.
Speak to three different mortgage brokers. I think walking away will hurt your credit big time, although that is an option since you did not reaffirm... Read More

Could we possibly have this chapter 13 dismissed and file a chapter 7 so we can just simply move on with our lives?

Answered 9 years and 5 months ago by Richard N. Gonzales (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Not sure why you filed a CH13 to begin with you. An option is to convert your case to a CH7. Speak to an experienced lawyer about your options. Most lawyers will charge you for the consultation since you are in a current pending BK.
Not sure why you filed a CH13 to begin with you. An option is to convert your case to a CH7. Speak to an experienced lawyer about your options. Most... Read More

Who owns a house after a Quit Claim/Bankruptcy?

Answered 9 years and 5 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
You have no rights in the house but you are still liable on the mortgage. First thing to do is speak with a lawyer about whether the statute of limitations has passed for surfing you on the mortgage. Most mortgages are under a 6 year statute of limitations in Ohio. If you can still be sued, the only way out is to file a bankruptcy yourself.... Read More
You have no rights in the house but you are still liable on the mortgage. First thing to do is speak with a lawyer about whether the statute of... Read More