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Nevada Bankruptcy Questions & Answers

1 Answer | Asked in Bankruptcy for Nevada on

Q: What is the direct impact of a bankruptcy on your crefit report

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... Read 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... Read more »

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... Read more »

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... Read more »

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 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... Read more »

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 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 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... Read more »

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... Read 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 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 answered on Apr 20, 2018

No. Prepetition debt only.

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... Read more »

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

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 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 need to get another... Read 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?... Read more »

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... Read more »

1 Answer | Asked in Bankruptcy for Nevada on

Q: If I am declaring bankruptcy, can I enter into a domestic partnership before? or should i wait til after I file?

Stuart Nachbar answered on Jul 6, 2017

Inurge you to wait until after you file due to the fact that your partner's income would be subject to the Means Test calculation if you move in together and are married.

1 Answer | Asked in Bankruptcy for Nevada on

Q: I filed for chapter 13 bankruptcy to save my car I got my car back,but I missed two court hearing dates my car was repos

a second time if I file again can I get my car back a second time I bougth the car in California but filed in nevada

Nels Hansen answered on Apr 2, 2017

You should be able to however you need to do everything right with your second filing. The creditor may object to releasing the car. If you did not hire an attorney for your first case, you should absolutely hire one for a second case. You will need to file a motion to extend the automatic stay.... Read more »

1 Answer | Asked in Bankruptcy for Nevada on

Q: As a creditor, can I file a reaffirmation if we (the creditor) have a lien hold or default judgement from the court?

Doug Allen Bernacchi answered on Mar 30, 2017

Yes, they are voluntary contact the debtor's counsel at once. You know the best time to call is in the am, but you can check pacer reports to see if the lawyer has court hearings. Hint call them when they aren't in court. Email address of debtor's counsel is a great way and also ask them if they... Read more »

1 Answer | Asked in Bankruptcy for Nevada on

Q: Do I have to disclose total loss check in chptr 7 if no lien

Terrence H Thorgaard answered on Sep 24, 2015

Sorry, but all I can make out is that you are considering filing a Chapter 7 bankruptcy petition, and you want to know if you need to put something in the schedules and statements which must be filed. I can't figure out what "total loss check" means. If a creditor has no lien on any particular... Read more »

1 Answer | Asked in Bankruptcy for Nevada on

Q: Can I file an affirmation of my mortgage, myself or do I need an attorney?

Mr. David A Riggi answered on Mar 29, 2014

You can request that the court approve a "reaffirmation" agreement without retaining an attorney. A reaffirmation agreement will affect your discharge rights and should be entered into only if you understand it completely.

1 Answer | Asked in Bankruptcy for Nevada on

Q: CAN I WITHDRAW FROM A CHAPTER 7

Andrew Bresalier answered on Feb 5, 2014

A: If you case has no unexempt property, you can simply fail to show for the Meeting of Creditors, and the Trustee will usually dismiss the case. If you have unexempt property and/or you have already attended the Meeting of Creditors, you will have to file a Motion to Dismiss and have a hearing.

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