Nevada Bankruptcy Legal Questions

The trustee will take the entire inheritance or the amount required to pay off the unsecured creditors 100%. It doesn't matter which spouse ran up the debts, since you filed a joint bankruptcy; each spouse is equally responsible.? Inherited funds are part of the bankruptcy as of the date when your wife had the right to receive them (the date of her mother's death) not the date when she receives the funds. Your bankruptcy attorney should have spoken to you about inheritances and, upon finding out about your wife's situation, should have recommended that her mother establish a trust which would defer your wife's share until after the bankruptcy is over. If your bankruptcy attorney didn't cover this important item, they've committed malpractice and your wife may be able to recover some or all the funds she'll lose to the bankruptcy from the lawyer.... Read More

I think most lawyers would agree that a change in earnings of 10% or more should be reported to the trustee. In your case, I think you should report the change. If the trustee should request an amended budget and amended plan, you and your lawyer may be able to come up with a revised were updated budget that may not require an increased payment. Or it may call for an increased payment. In that case you only have nine Months or so of the increase. ... Read More

Unless you are paying back a 100% dividend to your unsecured creditors you have an absolute obligation to report this raise to the court and the trustee. It may be that the raise does not affect your payments but if you are able to pay more into your plan you are required to do so. The fact that you are asking this question, with the qualification that your case ends 2 months after you could possibly be caught, tells me you know this already. Would you rather pay a little extra for 10 months or have 50 months of hard work dismissed?... Read More

You certainly can get married if you wish but you need to understand that if your spouse is employed, his income now must be part of your budget. So if you do not mind paying more into your plan because more money is now available to pay creditors, by all means proceed with your plans. Also, understand that updating your budget will involve additional work for your attorney who will expect to be paid for performing this work. If your plan does need to be changed as a result, this will also have a significant cost.... Read More

In all likelihood, you are judgment proof ? meaning that your earnings are exempt from the reach of creditors. Do not be unduly intimidated by creditors. Generally, they are not lawyers and only care about collecting the debt. You would be wise to consult one of the law firms that devote themselves to neighborhood or poverty Law. Check your phone book, Or call your state bar lawyer referral service.... Read More

You can't pick and choose which creditors are included in your bankruptcy. The SSDI debt will be included in the bankruptcy. And, yes, unlike private creditors, the government can levy your bank account without proving the debt to a judge. That's because - once upon a time, in a land right here, there was a just and fair government that didn't lie to get money. Now we have Obama and the government lies all the time and nobody trusts it but it can still take your money without proving it.... Read More

The information is accurate and probably will not be removed by the credit reporting agencies until the time limit for reporting that information is completed. You are not entitled to have accurate, verifiable information removed from your credit report if the CRA does not want to remove it.... Read More

Generally, you can only pay off your Chapter 13 plan early if you're going to pay 100% of the unsecured creditors claims. This usually involves much higher amounts than simply finishing the plan. When considering converting from a Chapter 13 to a Chapter 7, the issue is why you filed a Chapter 13 instead of a Chapter 7 originally and is that issue still valid? For example, if you filed a Chapter 13 because your income was over the Chapter 7 limit, you can't convert to a Chapter 7 now - you're not eligible.... Read More

It's expensive and time consuming to sue, particularly an attorney. (1) Send a certified letter to the attorney stating you will file a grievance with the Office of Disciplinary Counsel if you don't receive your funds within 7 days.(2) File a grievance with the Office of Disciplinary Counsel of the Supreme Court of Ohio.... Read More