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– Bankruptcy Attorney James Smith
EVERYTHING YOU NEED TO KNOW ABOUT
FILING A NEVADA CHAPTER 7 BANKRUPTCY:
Chapter 7, often better-known as the “Fresh Start Bankruptcy” allows for the elimination of nearly all your debts.
The U.S government looks at it as a “liquidation,” meaning that all nonexempt property gets sold and the proceeds distributed to creditors.
Individuals may file a Chapter 7 Nevada Bankruptcy subject to a means test, which we administer for you. The means test is basically a list of questions on income and debts owed.
No matter the amount of your debts, they can all be erased by filing a Nevada Chapter 7 Bankruptcy.
However, if you filed a Nevada Bankruptcy petition during the preceding 180 days and it was dismissed due to failure on your part to appear at the Bankruptcy Hearing, or you failed to comply with court orders, or you voluntarily dismissed the previous bankruptcy case because your creditors sought relief from the bankruptcy court to recover property on which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e), you wont’ be able to file at this time.
As part of the process of a Nevada Chapter 7 Bankruptcy filing, you must, within 180 days before filing, receive credit counseling from an approved credit counseling agency* either in an individual or group briefing. 11 U.S.C. §§ 109, 111.
You must file any debt management plan you develop during this required credit counseling with the court. It is not mandatory for you to create such a plan during the credit counseling.
The primary purpose of a Nevada Chapter 7 Bankruptcy filing is to give an honest individual debtor a Fresh Start. Once your Chapter 7 Bankruptcy is discharged, you will have no liability for the discharged debts.
A bankruptcy discharge does not remove a lien on real estate.
NEVADA STATE MEDIAN YEARLY INCOME
- 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 four.
A Nevada Bankruptcy Stops:
- Creditors from calling you
- Wage garnishment
- Foreclosure on your home
- Repossession of your car
- Repossession of furniture
- Nearly all repossessions
DEBTS NOT ELIMINATED BY A CHAPTER 7 BANKRUPTCY:
- Student loans, except hardship cases
- Debts of most taxes owed
- Alimony, maintenance, and child support
- Debts or fines, penalties or criminal restitution
- Debts owed for personal injuries caused by driving while under the influence of alcohol or drugs
- Debts not listed on the Bankruptcy Petition