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Nevada Bankruptcy Questions & Answers
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
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
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: 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
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
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... 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
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
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
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
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... 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
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... 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
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
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.

1 Answer | Asked in Bankruptcy for Nevada on
Q: Is filing for bankruptcy public record?
Andrew Bresalier
Andrew Bresalier answered on Feb 5, 2014

A: Yes, but most people do not know where to look. It would require someone to sign up for a special governmental service, then do research.

1 Answer | Asked in Bankruptcy for Nevada on
Q: If you get a deed of conveyance, and put ur house on in bankruptcy, can the bank still take it?
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Too confusing to answer. Generally speaking, if you have fallen behind on mortgage payments the creditor has a right to foreclose on the property. Chapter 13, under which you propose to bring your loan current over a period of 3-5 years will prevent foreclosure. Not sure if that answers your... Read more »

1 Answer | Asked in Bankruptcy for Nevada on
Q: Can i file bk if my wages are already garnished for the debt/
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

Having your wages garnished does not prevent you from seeking bankruptcy protection.

1 Answer | Asked in Bankruptcy for Nevada on
Q: I have filed chapter 13 however I have fallen behind in my mortgage payments by 3 months. I have kept current my trustee
Kathryn U. Tokarska
Kathryn U. Tokarska answered on Apr 10, 2013

You are at the risk that the mortgage creditor will file a motion for relief of stay in order to pursue foreclosure. If you have an attorney, contact them immediately.

1 Answer | Asked in Bankruptcy for Nevada on
Q: Can chapter 7 personal discharged bankruptcy be amended to include my wife's debt?

State of Nevada 9/9/11 was discharge date

Malik Waqar Ahmad
Malik Waqar Ahmad answered on Jul 1, 2012

You could have joined her earlier, or she cal file her own chapter 7 bankruptcy. In Nevada, husband and wife are responsible for each other's debt but in order for her debts to be combined debt, she should have joined you in your chapter 7 bankruptcy. If you had asked her to stay, she would be... Read more »

1 Answer | Asked in Bankruptcy for Nevada on
Q: Will a transcript of a federal tax return be accepted in nevada by the bankruptcy court
Malik Waqar Ahmad
Malik Waqar Ahmad answered on Jul 1, 2012

Yes, this is an acceptable document, and bankruptcy court generally give it a judicial notice if a true and certified copy

1 Answer | Asked in Bankruptcy for Nevada on
Q: If I buy a house (cash), after bankruptcy (2 yrs), can it be taken for pre-bankruptcy debts?
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2012

It cannot be taken for debts which were included in your bky. However, it something was omitted or it was not dischargable, and your State does not provide a Homestead Exemption, then it could be at risk.

1 Answer | Asked in Bankruptcy for Nevada on
Q: How do you get a hearing extended without an attorney
Andrew Bresalier
Andrew Bresalier answered on Feb 14, 2012

First call the scheduling attorney and ask. If he/she says no, and the reason you are ask is because of a real EMERGENCY you can motion the court.

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