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Nevada Bankruptcy Questions & Answers
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

1 Answer | Asked in Bankruptcy for Nevada on
Q: What is the direct impact of a bankruptcy on your crefit report
Timothy Denison
Timothy Denison
answered on Apr 21, 2019

Your credit score will be drastically reduced and credit will cost you more than someone with good credit. However, many lenders will be happy to lend you money upon conclusion of your bankruptcy bc they know you can’t file again for eight years. It also provides you with a relatively easy... View More

1 Answer | Asked in Bankruptcy for Nevada on
Q: Can I open a new checking account immediately after filing Ch 7 without reporting an amended A/B asset form?

I just filed for Ch 7. And just 1 day later my main bank which I have checking, savings, and a credit card with sent me a letter notifying me that all my accounts will be closed because they received notice of my filing. I immediately applied for a new account elsewhere. Will I need to report and... View More

Timothy Denison
Timothy Denison
answered on Mar 18, 2019

No. If you are creating and establish g the new account post petition, you should not have to report or amend.

1 Answer | Asked in Bankruptcy for Nevada on
Q: Should I list this transaction in my chapter 7 schedules?

Between April and May 2018, my Cousin needed a car and I felt I could not afford to keep up the payments on my 2013 Honda Civic Hybrid. She applied for a loan with her Credit Union and they had me sign over my interests and give them power of attorney. They then paid off my car loan in full with my... View More

Timothy Denison
Timothy Denison
answered on Feb 23, 2019

Absolutely and in complete detail.

1 Answer | Asked in Bankruptcy for Nevada on
Q: I live in Las Vegas Nevada and am filing bankruptcy separately from my wife.

My wife owns our home which she bought in 2003. The title is recorded in her name only as her sole and separate property and the mortgage and taxes are in her name only. At the time she bought the home, I signed a quit claim deed giving up all interest in the property. Additionaly, in 2011, she... View More

Timothy Denison
Timothy Denison
answered on Feb 15, 2019

Yes. There is still an equitable interest that you should list as an asset on your petition. Consult your Bankruptcy lawyer as to the further ramifications of the interest, but you should list it out of an abundance of caution.

1 Answer | Asked in Bankruptcy for Nevada on
Q: I have a personal injury lawsuit, pending against me which arose from a minor accident. alcohol was NOT involved.

I was already getting ready to file chapter 7, due to stroke, when I was surprised with this. I am home owner and afraid of property lien. can it be included if found against me

Timothy Denison
Timothy Denison
answered on Dec 10, 2018

Yes, it can. E included, but it might be better to go ahead and file, especially if you were going to file anyway.

1 Answer | Asked in Bankruptcy for Nevada on
Q: rent due 12\5.money orders bought on 12/5.no dropslot @ office 12/6 7:55AM Pymt denied(its partial pymt) need late fees

How can a person who is barely surviving paycheck to paycheck waiting for paycheck to pay rent supposed to leave their job without consequences to make it in time to rental office before they close to pay rent ? If you don't make it in time by few minutes before the office closes then your... View More

Timothy Denison
Timothy Denison
answered on Dec 6, 2018

Unfortunately, every thing that you say is true but their demands and fees are within their rights.

2 Answers | Asked in Bankruptcy for Nevada on
Q: Can I be forced to use retirement (IRA) funds to pay credit card debt when filing chapter 7 bankruptcy?
Stuart Nachbar
PREMIUM
Stuart Nachbar
answered on Oct 2, 2018

If your jurisdiction follows the federal exemptions, then the answer is no if in qualified retirement account. Check with an attorney in your state who specializes in bankruptcy

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1 Answer | Asked in Bankruptcy for Nevada on
Q: Can I file Chapter 7 in Nevada if I’m 3 years behind on filing my Fed. income taxes?

I do have my w-2’s available, just haven’t filed. The main reason I’m filing bankruptcy is so I can begin putting my extra income towards the monthly IRS debt payments.

Timothy Denison
Timothy Denison
answered on Aug 29, 2018

Yes, but they’ll want them filed and they won’t be discharges.

1 Answer | Asked in Bankruptcy, Criminal Law, Real Estate Law and Identity Theft for Nevada on
Q: I been here 5 yearI been trying to find

I tried to contacting xxxx LLC no response there was a fire on the property and I have no insurance policy to give my neighbor. The last time I spoke with him we decuss Renting to Own agreement that was 6/2013. The neighbors fire had me do some research and I found out that xxxx was sued for over... View More

Timothy Denison
Timothy Denison
answered on Jun 19, 2018

Your question has so many variations and possibilities that n one can properly answer it without substantially more information and investigation. Cantaloupe a local attorney, one who specializes in civil law, criminal law and bankruptcy. You have a very complex issue that may only be solved with... View More

1 Answer | Asked in Foreclosure, Real Estate Law and Bankruptcy for Nevada on
Q: Am I allowed to represent my mother whom I am power of attorney for in foreclosure in nv
Timothy Denison
Timothy Denison
answered on May 9, 2018

Yes, so long as it is a general power of attorney that specifies dealing with real

Estate as part of your powers.

1 Answer | Asked in Bankruptcy for Nevada on
Q: Filed for BK in 8/16 and then was DC on 12/16 I have a hospital bill from 10/16 can I file that as well?
Timothy Denison
Timothy Denison
answered on Apr 20, 2018

No. Prepetition debt only.

1 Answer | Asked in Bankruptcy for Nevada on
Q: I have an auto loan that will be included in my bankruptcy, but I will need a vehicle.

Should I purchased an auto with cash or an even cheaper auto loan.

Cristina M. Lipan
Cristina M. Lipan
answered on Mar 8, 2018

If you're current on the auto loan payments, 95% of the time, the bank won't do anything, and you can keep paying the existing loan (and keep the car you have now). You may also be eligible for redemption, if the value of the car is less than what you owe. I don't think you'll... View More

1 Answer | Asked in Bankruptcy for Nevada on
Q: Chapter 7 bankruptcy, had already a 341 hearing but now one of the creditors changed the amount owed form 7k to 14k.

Filed Chapter 7 bankruptcy, had the 341 hearing 40 days ago, and now one of the creditors changed the amount owed from 7k to 14k, which I was not aware. What do I need to do, do I have to amend the paperwork submitted to the court? Is there a document I have to submit to court to change the amount?... View More

David Earl Phillips
David Earl Phillips
answered on Jan 23, 2018

You can amend the schedule you filed showing $7000 to $14000 if you wish. The fact that you were incorrect about the amount should not affect the discharge of the entire amount. In chapter 7 it is being sure the creditor is listed that is more important than the actual amount owed in most cases. Of... View More

1 Answer | Asked in Bankruptcy for Nevada on
Q: Volunteer Surrender on co-signed car loan post-bankruptcy Ch7?

My mom was my co-signer for a car loan since then I have filed for bankruptcy and I am thinking of doing a voluntary surrender on the auto but I am scared it will affect her credit as well. I checked my credit and hers and there is something that got me off guard. On my account it states that the... View More

William Cope
William Cope
answered on Apr 11, 2018

Your bankruptcy discharge will no protect your mother. If the loan documents specify that she is liable if you do not pay, then the crediter will most likely be able to pursue her if it chooses to do so.

Regards,

Bill Cope

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