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 6
Do you have any Nevada Bankruptcy questions page 6 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

What are my options if I am having a second thought on an attorney?

Answered 9 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
Sounds like you're a bad fit with this lawyer. Ask for a refund in writing.
Sounds like you're a bad fit with this lawyer. Ask for a refund in writing.

Is it up to the trustee or the bankruptcy debtor to renew a judgment asset that is up for renewal in a bankruptcy case?

Answered 9 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
All assets in a Chapter 7 bankruptcy case belong to the bankruptcy estate and it's the trustee's job to either manage the asset or abandon it.
All assets in a Chapter 7 bankruptcy case belong to the bankruptcy estate and it's the trustee's job to either manage the asset or abandon it.

Is it legal for a pawn company to refuse my car for the money that was due if I have a title pawn on my car and I filed chapter 7?

Answered 9 years and 7 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
Probably not. But they may want to turn it over to the Trustee, so that they won't be caught in the middle if the Trustee is entitled to it. Consult your lawyer, and if you have not yet retained an experienced bankruptcy lawyer, this would be a good time to do so. It's almost always worth the investment.... Read More
Probably not. But they may want to turn it over to the Trustee, so that they won't be caught in the middle if the Trustee is entitled to it. ... Read More

Does the attorney need to notify my landlord if I'm current on rent for Chapter 7?

Answered 9 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   4 Answers   |  Legal Topics: Bankruptcy
Unless you're planning to reject your lease, there is no need to notify your landlord.
Unless you're planning to reject your lease, there is no need to notify your landlord.

Why is my attorney requesting 6 monthsโ€™ pay stubs for months after filing chapter 7?

Answered 9 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
There have been no changes to the bankruptcy law since 2005, so if your attorney says there are new laws it's an excuse because he messed something up. In my district, a court date is automatically assigned the day after filing. Even before it was computerized the court date was assigned within 3 days of filing. Are you sure that your case has even been filed? Go to PACER (google it) and check if your case is listed. Counseling certificates are good for six months. If you got yours in January, it expires in July so you need a new one.... Read More
There have been no changes to the bankruptcy law since 2005, so if your attorney says there are new laws it's an excuse because he messed something... Read More

Can the trustee take any of the settlement I will receive?

Answered 9 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
No, the trustee can't take your workers compensation benefit. First, most states provide an exemption for workers compensation. Second, the trustee can only take assets that you had on your filing date. Even though you were in a Chapter 13 then converted to a Chapter 7, the original filing date is still in effect.... Read More
No, the trustee can't take your workers compensation benefit. First, most states provide an exemption for workers compensation. Second, the trustee... Read More

Am I liable for Federal taxes on the amount of the forgiven debt?

Answered 9 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Generally, you would be liable for taxes on any forgiven debt but there is an exception if you have more debt than assets.
Generally, you would be liable for taxes on any forgiven debt but there is an exception if you have more debt than assets.

What can I do if one creditor refused to stop calling me even after being told I had filed bankruptcy?

Answered 9 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   8 Answers   |  Legal Topics: Bankruptcy
All creditors and collections agencies are aware of the bankruptcy laws. Anyone that continues to contact after filing bankruptcy is probably a scam anyway. If they are an actual creditor, you can get the bankruptcy court to issue a restraining order and pay damages but usually these con artists have no address and won't give you a real company name.... Read More
All creditors and collections agencies are aware of the bankruptcy laws. Anyone that continues to contact after filing bankruptcy is probably a scam... Read More

If we reopen our bankruptcy case to file the motion to avoid liens so we have a clear title, will we have to wait 2 years to refinance?

Answered 9 years and 7 months ago by Ronald Karl Nims (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
To be sure I've got your facts straight, let me repeat them.You filed bankruptcy in 2014.You lost your house in a foreclosure.You inherited your late brother's houseAnd now there are liens from your bankruptcy on your brother's house. Since your brother owned the house when you filed bankruptcy, none of the liens from your debt were attached to his house until he died and you inherited it. By law, liens discharged in bankruptcy can't attach to property acquired after you filed the bankruptcy. So your old creditors' judgment liens on still on the records and appear to attach to the house but really they haven't attached. If you contact the lienholders, they will release the liens. If they refuse to release the liens, you can either go to the bankruptcy court or your county court and get them released. You need to speak with a bankruptcy lawyer to determine whether bankruptcy court or county court is the best option.... Read More
To be sure I've got your facts straight, let me repeat them.You filed bankruptcy in 2014.You lost your house in a foreclosure.You inherited your late... Read More

Can I register this bike in my name if he has signed the title over to me and it is paid off?

Answered 9 years and 7 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   3 Answers   |  Legal Topics: Bankruptcy
I don't know what kind of lawyer your uncle had, but either the uncle did not tell the lawyer all he should have, or the lawyer was not on the ball. The first question is: was the motorcycle exempted on uncle's Bankruptcy papers? (You can go to the Clerk of the Bankruptcy Court and ask to see his file check Schedules B and C.) If it was, and 30 days have passed since uncle's Meeting of Creditors without objection, he is free to sell it to you. (That is, he might not be telling you the truth.) Second, you might want to contact the BR Trustee in his case to see if he or she really wants the bike. Even if they do, your uncle might be able to deal with it by turning over the money you paid for the motorcycle, instead of the cycle itself.... Read More
I don't know what kind of lawyer your uncle had, but either the uncle did not tell the lawyer all he should have, or the lawyer was not on the ball. ... Read More

Can I file for bankruptcy to relieve myself of the mortgage liability ordered by divorce court?

Answered 9 years and 7 months ago by Richard N. Gonzales (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
Maybe. You will need to have some one review the divorce file with you. You'll have to pay for one hour of an experienced attorney's time.
Maybe. You will need to have some one review the divorce file with you. You'll have to pay for one hour of an experienced attorney's time.

How long will it take her to evict me from my apartment after I filed bankruptcy?

Answered 9 years and 8 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   5 Answers   |  Legal Topics: Bankruptcy
If her lawyer is honest, he or she will tell the landlord that she only needs to wait 60 days from the date you filed to evict you with out any further action.
If her lawyer is honest, he or she will tell the landlord that she only needs to wait 60 days from the date you filed to evict you with out any... Read More

What are my options if I have bankruptcy attorney issues on surrendering property, and what moratorium advice can you give?

Answered 9 years and 8 months ago by Ronald Karl Nims (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
Sounds like you have an attorney who doesn't do a lot of bankruptcy work. There is no reason to keep the truck, if you don't need it and don't want it. The moratorium is only a stopgap measure, that doesn't cure any problem except a temporary one (if you're having a baby and will be on unpaid leave for a couple months, that works pretty well). You need to get a modification of your plan that ends the payments for the truck and makes any deficiency an unsecured debt.... Read More
Sounds like you have an attorney who doesn't do a lot of bankruptcy work. There is no reason to keep the truck, if you don't need it and don't want... Read More

Does a bankruptcy affect my legal permit renewal?

Answered 9 years and 8 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Bankruptcy
You have not provided enough information. You have a legal permit ? but for what? Practicing law? Hunting? Fishing? Selling alcoholic beverages? In general governments are not allowed to discriminate against people who have filed bankruptcy as to hiring, benefits, and most other good things that a government I can provide. You would benefit from consulting A skill bankruptcy lawyer; it's almost always worth the investment.... Read More
You have not provided enough information. You have a legal permit ? but for what? Practicing law? Hunting? Fishing? Selling alcoholic beverages? In... Read More

If I file Chapter 7, how long after I receive my release from debt am I able to sell my home?

Answered 9 years and 8 months ago by Atty. Richard B. Jacobson (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
You don't necessarily even have to wait for a discharge before you can sell your home ? so long as the trustee agrees that there is no non-exempt equity for the trustee to take. Generally, the trustee's right to challenge exemptions ends 30 days after the end of the meeting of creditors, or if you amend your exemptions, 30 days after the amendment is filed. It's generally a good idea to retain a skilled bankruptcy lawyer. It's almost always worth the investment.... Read More
You don't necessarily even have to wait for a discharge before you can sell your home ? so long as the trustee agrees that there is no non-exempt... Read More

If I file Chapter 7, how long after I receive my release from debt am I able to sell my home?

Answered 9 years and 8 months ago by Richard N. Gonzales (Unclaimed Profile)   |   7 Answers   |  Legal Topics: Bankruptcy
You don't have to wait till you get your discharge, but if you're a "belt & suspenders" kinda person, do it then.
You don't have to wait till you get your discharge, but if you're a "belt & suspenders" kinda person, do it then.