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Nevada Bankruptcy Questions & Answers
1 Answer | Asked in Bankruptcy, Tax Law, Business Formation and Business Law for Nevada on
Q: What would happen if I'm unable to comply with this plan and the account proceeds into collections or personal guaranty

My Amazon account was closed recently, resulting in an outstanding balance owed to Payability (which a service that offers prepayment option for Amazon sellers on the shipped orders) due to premature payment. They proposed a payment plan of $1,000 a week to settle the remaining $19,320.89.... View More

James L. Arrasmith
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answered on Jan 12, 2024

If you are unable to comply with the proposed payment plan and your account proceeds into collections or personal guaranty enforcement, there are several potential consequences. The creditor, in this case, Payability, may initiate collection efforts. This can include contacting you for payment,... View More

1 Answer | Asked in Bankruptcy for Nevada on
Q: Can I convert from chapter 7 to chapter 13?

Some assets have already been liquidated and I am only receiving social security disability and nothing else but there is assets in the state anywhere from 1 to 2 million dollars depending on who you ask. Do I qualify for a conversion? Original petition was filed about 8 months ago. Is there a time... View More

James L. Arrasmith
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answered on Sep 8, 2023

Under the federal Bankruptcy Code, you generally do have the right to convert your case from a Chapter 7 to a Chapter 13 bankruptcy, as long as you meet the requirements for Chapter 13, which includes having a regular source of income and not exceeding debt limits. Given that significant assets are... View More

1 Answer | Asked in Bankruptcy for Nevada on
Q: If a BK judge dismisses your involuntary BK and then chooses to reinstate it does the automatic stay go back into effect

No relief from the automatic stay was previously ordered.

Timothy Denison
Timothy Denison
answered on Jun 26, 2023

Yes. It does.

1 Answer | Asked in Bankruptcy for Nevada on
Q: Does a UCC filing from a creditor terminate after filing chapter 7 bankruptcy and receiving a discharge?

The UCC was filed on 03/30/22, I filed bankruptcy on 05/10/22, because it was filed within 90 days prior to my bankruptcy filing does it become invalid? Thank you.

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Oct 17, 2022

No.

The filing of a UCC-1 by a creditor more than ninety days prior to a bankruptcy filing (so not a preference) creates a perfected lien against identified collateral/property.

Liens are not dischargeable in a Chapter 7 case; nor can they be stripped down (the Dewsnup case)....
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1 Answer | Asked in Bankruptcy, Criminal Law and Civil Litigation for Nevada on
Q: Can I sue my girlfriend? My girlfriend went to on mormon mission on 2016 and asked me if I could helped her.

So I obliged to her request. However, it's not a mission, she moved in with her bf. I was paying for food and rent, knowing shes doing good in church. Moved forward, I was still supported up until September 1, 2022, cuz I found out that shes been cheating on me all this time. Also, I found out... View More

Timothy Denison
Timothy Denison
answered on Sep 28, 2022

You can probably sue her in small claims but I doubt many lawyers will be interested due to the amount in controversy. Most likely more trouble than it’s worth.

1 Answer | Asked in Bankruptcy for Nevada on
Q: Hi , my wife and myself are retired living on our SS and my pension, question can the bank our house if declare bankrup?

We live in Nevada

Janice Jacovino
Janice Jacovino
answered on Mar 22, 2022

Good Afternoon,

As long as you are current on your home when you file Bankruptcy and remain current then the Bank will not be able to take your house because of a Bankruptcy. Bankruptcy also does not "save" your home from a Bank foreclosure unless you are repaying with a Chapter...
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2 Answers | Asked in Bankruptcy for Nevada on
Q: What is a trustee's final report and account?

I had a voluntary dismissal of my chapter 13 case about 4 weeks ago. I received notice that the case was closed however I have not received trustee's final report and account. What is it?

How long does it take to get?

Lloyd  Nolan
Lloyd Nolan
answered on Oct 21, 2021

The Trustee is required to make the report. It is merely an Accounting of what monies you paid in, what amounts the Trustee paid out, the Trustees fees and the balance if any remaining and where it went. The Trustee is showing you and the Court where the money went. You don't need to fo... View More

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1 Answer | Asked in Bankruptcy, Employment Discrimination and Employment Law for Nevada on
Q: Can they take back a job offer due to ch. 7 bankruptcy?

Files last year due to covid and most of income from partner. Got job offer and they’re doing background check. Only negative thing would be the bankruptcy. Can they take back offer due to that?

Timothy Denison
Timothy Denison
answered on Jul 10, 2021

They can take back their offer for any reason or no reason at all, at any time.

1 Answer | Asked in Bankruptcy, Consumer Law and Contracts for Nevada on
Q: I have a charge off on my vehicle. I was never notified and it has a 0 balance, I have the vehicle and bankruptcy wasn’t

I was never notified and NEVER missed a payment. Furthermore they applied my payments to the wrong account equaling 7000. Do I have any recourse?

Timothy Denison
Timothy Denison
answered on Apr 12, 2021

You can file claims with the three credit bureaus to correct the record. If they do, problem solved. If not, file suit against the company to correct the error.

1 Answer | Asked in Bankruptcy, Banking, Collections and Gov & Administrative Law for Nevada on
Q: I'm filing for bankruptcy own my house my niece is living in it while I live with my mother. Can they seize my house?

I live in my mother's house to take care of her, so I let my niece live in my house.

Timothy Denison
Timothy Denison
answered on Mar 25, 2021

These questions need to be answered by your bankruptcy attorney after he has reviewed your finances.

2 Answers | Asked in Bankruptcy for Nevada on
Q: My late mother paid a lawyer to file bankruptcy and paid him over $1000. Is her estate entitled to a refund?

My mother died while in the bankruptcy process with a lawyer, but when I asked another lawyer to search bankruptcy databases, he found nothing. So is my late mother's estate entitled to a refund from her lawyer?

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on Nov 11, 2020

Probably not. Most of the lawyer's work in a consumer bankruptcy, Ch. 7 or 13, must be done before the bankruptcy case is filed. Certainly, the Estate representative can request an accounting/refund from the bankruptcy lawyer, but you can expect that he/she will prepare a bill, showing time... View More

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3 Answers | Asked in Bankruptcy for Nevada on
Q: Can I file chapter 13 bankruptcy on 2 loans that my ex Cosigned on if my divorce decree states I will take on the debt?

My ex-wife co-signed a personal loan and vehicle loan while we were still married. Our divorce recently finalized and in the divorce decree it states that I will take responsibility for both loans. I am past due on both loans due to loss of income. I had to switch jobs due to medical issues.... View More

David Luther Woodward
David Luther Woodward
answered on Nov 7, 2020

This needs the attention a good, local bankruptcy lawyer.

On general principals a Chapter 7 can discharge your obligations, but that does not discharge the debt on her part--she still owes it. Depending on the terms of your divorce decree it is possible that the divorce court could still...
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1 Answer | Asked in Bankruptcy for Nevada on
Q: I filed Ch. 7 in Dec. I exempted my tax return for estimated $1500. Looks like I'm getting more. Can I protect it?

Just received my w2 and since my income took a dive and I had a new child, I'm getting more than I thought I would.

Timothy Denison
Timothy Denison
answered on Jan 19, 2020

You can protect more of your refund up to the remaining g unused exemption amount in your state or under the federal exemptions.

1 Answer | Asked in Bankruptcy for Nevada on
Q: I am 89 years old and live on Social Security and Cal Pers with no assets . Am I protected from judgments?

Am I considered judgement proof?

Timothy Denison
Timothy Denison
answered on Jan 15, 2020

You should be judgment proof, yes.

1 Answer | Asked in Bankruptcy and Real Estate Law for Nevada on
Q: one of the judge mental I filed one 5 years ago put a lien on my house I bought two years ago. How do I get rid of it?

I purchased my home 2 years ago. I filed chapter 7 5 years ago. One of the judgements I filed on has put a lien on my home I purchased years after my bankruptcy and now it’s holding up the sale of my house. How do I get rid of it?

Timothy Denison
Timothy Denison
answered on Nov 23, 2019

Provide the judgment creditor proof that the debt was discharged in bankruptcy.

1 Answer | Asked in Bankruptcy and Family Law for Nevada on
Q: My daughter and her two girls moved in with me. My son in law pays nothing. I’m going broke. How do I get him to pay?

Daughter has him living in my house. Against my desire. But is now fed up

Timothy Denison
Timothy Denison
answered on Aug 17, 2019

Tell him his share of the monthly payment and pay up or have him removed from the house.

2 Answers | Asked in Bankruptcy for Nevada on
Q: Can you file a chapter 13 Four months after you get a standard discharge from a chapter 7.
Clark Dray
Clark Dray
answered on Jun 21, 2019

While you can file a Chapter 13 immediately after a Chapter 7, you're not eligible for a discharge of debts unless 4 years have passed between the filing of the 7 and the filing of the 13. A 13 filed within 4 years of a 7 would simply provide for the repayment of debts without a discharge of... View More

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1 Answer | Asked in Bankruptcy for Nevada on
Q: If you file a chapter 7 and get a standard discharge. Can you file a chapter 13 Four months later?

I filed a chapter 7 on 5/03 and received a standard discharge on 10/03. Then I filed a chapter 13 on 2/04 and it was dismissed on 7/04. filed another 13, 8/04 and it was dismissed 2/05. I didn't really file the two chapter 13 but it shows I did but I know who did. My question is this possible?... View More

Clark Dray
Clark Dray
answered on Jun 21, 2019

While you can file a Chapter 13 immediately after a Chapter 7, you're not eligible for a discharge of debts unless 4 years have passed between filings. Because the two Chapter 13 cases were dismissed, they're not especially relevant from as legal standpoint. However, if you file... View More

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