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Your Credit Score Goes Up!

March 4, 2020 By rayrichter

Bankruptcy Attorneys in LVCurious about your credit score going up after you already have filed bankruptcy? Bankruptcy laws were made to help the consumer, that’s the honest truth. Being worried about what may come after filing is very common among many different people. Even hearing rumors about not being able to establish credit, losing everything you have or even bankruptcy will hurt your credit for 10 years does not help the worry either. Let’s start off by first saying these are clearly all myths.

Even if your credit scores all decline or increase instantly after filing bankruptcy there are many opportunities to detect growth through sprucing up your credit logically.

  • Review your credit report. You would need to make sure there is no inaccuracy on your credit report that may hinder your credit score. Going to annualcreditreport.com to get the most up to date version of all three credit reports is a start. Using this site it will allow you to get all three credit reports free once every 12 months from the time you originally inquired. Typically, it is good to pull your credit again around three to six months once the bankruptcy case has been honored. This permits time for all the creditors to rectify their accounts to the credit reporting agencies. Making sure that the discharged balances from the bankruptcy are being conveyed to the credit departments with a zero balance is significant so it doesn’t count against you as an unresolved debt, particularly if you ever request for any new lines of credit.
  • Effectively paying on time. It is as straightforward as it sounds. Paying all bills punctually for whatever you need to operate your home; such as; rent and utilities to child support and alimony. If these aren’t paid it can end up on the credit report. Scheduling reminders about due dates with your phone can help be successful with this. The credit counseling classes that were required by the bankruptcy court will teach some values regarding budgeting your money. One of the key purposes of a budget is to fully understand all of your expenses. You do not want to get in another financial hole.
  • Getting credit after bankruptcy is important but you do not want to overdo it. Start small and be cautious. Open one account at a time and gradually progress from there. When you acquire one credit card use it for small purchases and then pay the balances right away. Credit bureaus want you to have more untouched credit accessible to you.
  • Recognize your limits. Going over your limit on a credit card doesn’t look pleasing to the credit agencies. Steep amounts do not score as well as the lower amounts. Monitor you charges carefully and budget to pay more than the minimum each month or you can also just charge what you know you can pay. Also, an assortment of credit will helps the credit score rise. Such as, various types of loans such as a credit card, mortgage, and vehicle loan etc. Do know that there is a difference in good credit and a heavy debt load is very important.
  • Make sure you keep all of your paperwork from when your bankruptcy gets discharged. Many lenders before considering you for future lines of credit want to see this paperwork from you. For example, if you were trying to get a vehicle loan right after discharging your bankruptcy it is possible as long as you bring this paperwork with at the time of taking out the loan. Also, if something ever pops up in the future you will always have the paperwork to relate back to just in case there are any questions that come up. Plus if you happen to lose this paperwork you may have to pay to get copies of these from the attorney you used or even the bankruptcy court themselves.

Furthermore, credit is the main focus of modern day life to be successful. You are going to need credit to buy a home, to finance or even lease a vehicle, to travel around the country in an RV or to just rent an apartment. Good credit will only make life easier. Who would not want that? Starting an emergency fund and sticking by it may also help with any financial concerns during any downtime. Remember, Bankruptcy is an opportunity for a “do-over.” It is a renewed start on your financial life. These applicable suggestions are simple and may enhance the credit score, no more than 3 years. Take these steps, and you can be equipped for much of whatsoever life may throw at you.

Resources https://www.thebankruptcysite.org/resources/life-after-bankruptcy.html

Annualcreditreport.com

http://blog.credit.com/2014/12/5-things-to-do-after-bankruptcy-103308/

https://www.legalzoom.com/articles/life-after-bankruptcy-get-back-on-your-feet-after-filing-chapter-7

http://www.totalbankruptcy.com/life-after-bankruptcy/after-bankruptcy.aspx

What is a Basic Chapter 7 Bankruptcy?

March 4, 2020 By rayrichter

Chapter 7 bankruptcy basics: Chapter 7 bankruptcy allows a quick discharge of most debts while keeping all the property you need.

Whether you are facing overwhelming debt or just want to eliminate debt to be in a better financial position, bankruptcy is a good option.

How do I keep my property in Chapter 7 bankruptcy?

Exemptions!  Every state has a list of property that cannot be taken by creditors.  Whether a creditor sues you or garnishes your wages, there is certain property that they cannot take.  This list of property is “exempt” from being taken by creditors.  This is where we get the name “exemptions” – or property described by state law that creditors cannot take.

What property can I keep in bankruptcy?  Can I keep my house and car?

Bankruptcy exemptions will include equity in your car and your home.  Unless you own your car and house outright, you probably will not have a problem exempting them.  Most people who file Chapter 7 are able to keep their car and house through the bankruptcy process if they want to.  If you do not want to keep your car or house and they are financed, you can surrender them in the bankruptcy process and owe nothing.

Exemptions will also include property such as household furnishings, which includes your furniture, couch, bed, plates, silverware, TV, and essentially everything you need to live.  You can even keep some cash or some money in a bank account.  Of course, the measurement of your bankruptcy exemptions is done on the day that you file.  No trustee is going to come out to see if you actually have one more end table than you declared, but it is nice to be truthful under oath.  Also, if you have some money or property that is not going to be exempt, you will want to make sure that you do not have that money or property on the day you file.

Common questions about exemptions surround retirement accounts, disability, social security, and veteran’s benefits.  All of these are exempt.  Bankruptcy will not affect these accounts or benefits.

Can I file Chapter 7 bankruptcy?

Probably.  Most people do.  Nine out of every 10 bankruptcies are Chapter 7.  There are several ways to qualify.  The U.S. Bankruptcy Court has established a test called the means test.  If you pass the means test, you can file a Chapter 7 bankruptcy.  However, you automatically pass the means test if you earn less than the mean income in your state.  The mean income in your state is determined by the size of your household.  For example, if the number of people in your household is three, and you make less than about $50,000 per year from all sources, you qualify.  You do not even have to take the means test.

If you make more than the mean income in your state, you can still qualify for a Chapter 7 bankruptcy by passing the means test.  The means test takes into account your actual expenses.  There are some limitations on your actual expenses, but if there is no money left after subtracting reasonable expenses from your income, you can still qualify for a Chapter 7.

What debts are discharged in Chapter 7 bankruptcy?

Chapter 7 bankruptcy will discharge most unsecured debt that does not receive special treatment like student loans or some taxes.  Chapter 7 will also discharge secured debt where the property is surrendered.  If you decide to keep the secured property, you will simply have to pay the secured debt.

Unsecured debt includes credit cards, medical bills, store credit cards, and any debt where the creditor will not take property from you if you don’t pay.  There are some kinds of unsecured debt that are treated differently by the court.  Child support, alimony, student loans, and fines ordered by a court are good examples of unsecured debts that are more difficult if not impossible to discharge in Chapter 7.

Secured debt is when the creditor will take property from you if you don’t pay.  Car payments and house payments are examples of payments of secured debt.  If you don’t make the payments, the creditor will take the car or the home back.  Bankruptcy allows you to decide whether you want to keep these things.  If you decide to keep a secured item, you will have to continue making the payments and probably complete a reaffirmation agreement.  If you decide to forfeit this property, you can simply stop paying and owe nothing.  Secured debt is not dischargeable if you want to keep the property.  You cannot discharge the balance on your car loan and still keep the car.

How do I pay for bankruptcy?

It seems like a strange position to be in.  I have to file bankruptcy because I don’t have any money, but I have to pay money to file bankruptcy.  How can I pay money I don’t have?

Paying for bankruptcy is always one of the more challenging issues with filing bankruptcy.  Most bankruptcy lawyers will take payments, but the payments have to be complete before filing.  This is to prevent discharging the bankruptcy attorney’s fees in the bankruptcy.  Attorney’s fees are unsecured debt and could be discharged just like any other debt.

If you are subject to garnishment or foreclosure, you won’t have time to make payments.  In this case, you still have a few options.  You could file a Chapter 13.  In this case, you will need to find an attorney willing to file the Chapter 13 bankruptcy for little money down.  This is risky for the attorney.  If you don’t make any payments to the bankruptcy trustee, the bankruptcy attorney will not make any more money than you paid up front.

Another option to pay for your bankruptcy is to sell or finance some property.  If you are able to borrow money against some property, and you intend to keep that property, it might be acceptable.  You will have to pay the new debt after the bankruptcy.  But you would be able to file the bankruptcy right away.  Of course, it is always an option to sell some property.  Do you have some nice property that a bankruptcy lawyer might like?  Taking a loan that you intend to repay against property you intend to keep or selling some other property might also help with property that might be nonexempt.  If someone is secured against the property or if you no longer own the property, you will not need a bankruptcy exemption to protect it.

Can I pay for bankruptcy with a credit card?

You are not supposed to, but yes.  Paying for a bankruptcy with a credit card could be seen as a fraudulent purchase.  After all, if you have no intent to repaying the credit card, you will be getting a free bankruptcy.  As a practical matter, the credit card company will likely not file all of the paperwork to challenge the purchase.  Even if it does, it likely will settle for a small percentage of the amount you paid your bankruptcy attorney for the bankruptcy.  Of course, the bankruptcy lawyer might not accept a credit card payment, and the creditor might ask that your discharge be disallowed.  It is probably not worth the risk, but it is possible.

Get Help from a Nevada Bankruptcy Lawyer

It is important to work with an experienced Las Vegas bankruptcy attorney who understands the legal system and how to help you avoid potential traps. Contact us today at 702-997-4149 to schedule a free consultation.

Should I File for Bankruptcy?

June 12, 2017 By rayrichter

Probably.  Filing for bankruptcy is an option people do not want to consider until it is too late.  Once you get past the stigma of bankruptcy, it is a really good program.  The earlier you consider whether bankruptcy could help you, the better off you will be.

What is bankruptcy?

Bankruptcy is a federal program to help with debt.  The ability to deal with debt in bankruptcy has been around since the country was founded.  The rules have changed over the years, but the concept remains the same.  Anyone can have trouble with debt.  Debt problems should not define who you are or keep you from living your life.  So, there is a fresh start called bankruptcy.  It is just one way the government takes care of you.  There is no reason to resist using it.  When you get old enough to retire, are you going to refuse to use social security?  Why would you refuse to use bankruptcy?  They are both government programs for the benefit of the people.

Bankruptcy is how the federal government wants you to deal with overwhelming debt.  Bankruptcy is so important to the federal government that it does not leave it to the state courts.  The United States Bankruptcy Court still handles bankruptcies in every state.  Of course, the government has an interest.  It does not want you to get sick of working just to pay your creditors.  If you do, you might stop working and stop paying taxes.  To keep you on the tax rolls, the government will tell the banks to get lost and give you a fresh start.

Bankruptcy is becoming more acceptable as life is getting harder in America.  America is producing more “working poor” than ever before.  Working hard at a job every day is no guarantee you will be able to pay your bills anymore.  Popular magazines even discuss bankruptcy as it becomes an accepted means of dealing with debt.

How do I know when to file for bankruptcy?

You will probably not realize you need bankruptcy until long after you really do.  The perfect time to file bankruptcy is at the tipping point where your income no longer meets your expenses.  Unfortunately, not many people realize that this is the beginning of the end.  Because of cheap credit options and other means to deal with debt, it might be years before it becomes clear that bankruptcy is the answer.  It often doesn’t even seem like a problem until it’s too late.  Early warning signs are paying a bill late or charging something on a credit card to worry about later.  If the income is not enough to pay expenses now, there will not be extra income to catch up later.  This downward spiral can continue for a very long time.  It is best to realize it early and address the issue.

Do I have to be broke to file bankruptcy?

No!  The biggest mistake people make is spending all their money and running up all their debt trying to avoid bankruptcy.  There is no reason to put off filing until you are broke.  When you file bankruptcy, you get to keep all your exempt assets.  This means that you will almost certainly be able to keep your home and car in bankruptcy.  You also will be able to keep all your household goods.  You can keep your sofa and your dining room table and your refrigerator.  Bankruptcy does not try to punish you.  Bankruptcy wants to leave you all the things you need to get a fresh start.  Bankruptcy is a beautiful program.

How do I keep my stuff in bankruptcy?

The Chapter 13 and Chapter 7 bankruptcy petition asks you to self-report your assets.  There are many ways to do this wrong that will alert the trustee.

Essentially, you make a list of all the stuff you own.  You then assign a “replacement value” to each item.  This is tedious, but it will lend credibility to your petition to do the exercise.  For example, list your couch under household goods and determine what it would cost to replace your couch.  You will also have to list the statute that exempts your couch.  Replacement value on a used couch does not mean you price out a new couch.  You look for a price on a used couch of similar age and quality.  Look on Craigslist or letgo or one of the other many apps and sites for listing and buying used goods.  Once you find a good price, list the used price as the replacement price of your couch.

A trap to stay away from is not reporting anything on your petition.  The trustee will then grill you at the 341 creditors meeting about whose clothes you are wearing because you did not list any clothes on your petition.  There will be questions about your empty house with nothing to sleep on.  Also, you do not want to play games by saying that stuff is not yours.  Nobody believes you are just holding it for a friend.  The bankruptcy court is not trying to take your last nickel.  Just declare the stuff, and it will be fine.

Can I keep my motorcycle in bankruptcy?

Probably.  Every state has a motor vehicle exemption.  You can use that motor vehicle exemption to keep your motorcycle.  For a specific description, please read “Can I keep My Car in Bankruptcy?

Can I keep my house in bankruptcy?

Probably.  Every state has a homestead exemption.  You can use the homestead exemption to exempt the equity in your home.  For a specific description, please read “Can I Keep My Home in Bankruptcy?”  Even if your home value has appreciated and the amount of equity in your home is over the homestead exemption, bankruptcy can still help you.  A Chapter 13 bankruptcy might work better.  Chapter 13 bankruptcy is a powerful debt management tool.

File Bankruptcy Early and Often

Bankruptcy is an amazing tool.  It can help you even more if you realize it early.  The quicker you consider bankruptcy, the better off you will be.  We have professional debt counselors who can chat with you right now.  You can also call or email to schedule a free consultation with an attorney.  You will meet with an attorney, not a paralegal or salesperson.  You will get real legal advice.  The earlier you consider it, the sooner you will see the path back to life for yourself, not your creditors.  Contact us now.

3 Ways to Find a Good Bankruptcy Lawyer

June 9, 2017 By rayrichter

Bankruptcy attorneys are everywhere.  A Google search turns up over 5 million results.  So how do you find the right bankruptcy lawyer?  Is one just as good as another?  I will help guide you through it with these three tips.

You should never meet with a bankruptcy lawyer paralegal.

Most bankruptcy law firms will offer a free consultation.  This is standard practice to talk about the debt issues facing you.  However, the attorneys that work for these big firms are pretty proud of themselves.  They are so proud, in fact, that they will not sit down to have a real conversation about things that matter to you and me.

Because these attorneys are guarded and removed from the actual clients, they will almost always have you talk to a paralegal.  The paralegal will gather the information on the issues and tell you how bankruptcy works.  If you do get to meet with the attorney, it will only be for a minute and then it is back to the paralegal to gather your information and prepare your bankruptcy petition.  How is an attorney who does not know you, and does not know your case, supposed to represent you in bankruptcy court?  She can’t.  In big firms, it might not even be the same attorney you met with or the same attorney whose name is on your petition.  The attorney may have never seen your petition until the hearing.  When you show up to your creditor’s meeting, if the attorney has to introduce themselves, you hired the wrong firm.

This is a very important point.  You should have a personal relationship with your attorney.  Your bankruptcy lawyer should know you.  It is a simple process, but you are both in this together.  If your bankruptcy attorney cannot take the time to know who you are, he/she will not take the time to know your case.  If your own attorney does not know your case, it could end up in further pleadings, a 2004 exam that could last for hours, or a miscommunication with the bankruptcy trustee that causes your case to be complex.

There is no need for this aggravation.  When scheduling the appointment, ask if you will be meeting personally and directly with the bankruptcy attorney.  Ask if the paralegal will be conducting most of the interview and the attorney only getting introduced.  The entire meeting, the consideration of your issues, and the bankruptcy process should be handled by the attorney you pay.  Don’t trust a bankruptcy mill who pushes hundreds of cases and does not handle your case personally.

You should know the cost going in.

Certainly there are some cases that are more complicated than others.  If this happens, the attorney can explain why the case is a more complex bankruptcy case and quote a higher price when you meet with her. But for the most part, 9 out of 10 bankruptcy filings follow the same path.  The reason most firms will not tell you how much it costs is because they want to see if you would be willing to pay a higher amount.  If you have a lot of debt, some firms will assume you are free with your money and will be willing to pay a higher fee.  If you have nice cars or a big wedding ring, the attorney will seize on that and ask you to pay more.  There is no reason for this.

A bankruptcy filing should cost between $1000 and $1500.  The secret is out.  If you are asked to pay more than this, you are owed an explanation.

How much does a bankruptcy lawyer cost?

A bankruptcy lawyer should cost between $1000 and $1500.  There should also be a filing fee of about $300 regardless if you file chapter 7 bankruptcy or chapter 13 bankruptcy.  So how do some firms advertise $100 filings?  This is a trick to get you in the door.  Once you agree to speak to their paralegal, the fees will increase drastically for no reason.  Some firms will increase the fees if you have a lot of debt.  Some firms will charge a lot if you have a car to reaffirm.  If you want to talk to someone other than a paralegal, most every attorney charges the same.  Some of them are up front about it, and some of them quote lower fees to trick you.  Which would you prefer?

Some attorneys run a glorified petition preparation shop.  They advertise that they are a law firm, but then they provide little legal representation.  They will advertise a discounted fee that is less expensive than others.  For this discounted fee you will get the privilege of talking to a paralegal who will prepare your document without any input from the attorney.  The attorney will not know you or your case, yet you still pay for the attorney to “represent” you.  This is not the way you need to be treated.

What you should look for is an attorney who has plenty of staff to provide customer service.  Customer service is very important.  Bankruptcy is an unfamiliar process to you.  A lot of anxiety can be resolved by talking to someone.

You should also look for an attorney who provides personal legal representation.  If you are going to pay an attorney to represent you, you should not have to deal with a paralegal.  If an attorney continually shuffles you off to his paralegal, the lawyer is not trying to help you.  He is just trying to make money by taking money for legal representation and having the paralegal do the work.

Mostly, you should look for an attorney that is interested in helping you.  Your attorney should have a personal interest in helping people.  This is not a divorce or a custody fight.  There is no reason to be mean or confrontational.  This is an application to have your debt discharged.  Your attorney should be very personable and sympathetic to your issues.

Every attorney you contact through wantafreshstart will be interested in you personally.  They will have ample staff to answer the phone seven days a week.  They will know your case and prepare your petition personally.  You will have a direct phone number to them.  We cut through all of the bankruptcy business to offer a friendly customer service experience.  You already have enough people stressing you out about debt.  The least we can do is make the discharge of that debt a pleasing process.

How Much Does It Cost to File Bankruptcy?

June 3, 2017 By rayrichter

When a person considers bankruptcy, a common question is how much bankruptcy costs.  There are several expenses associated with a successful bankruptcy filing.  Some bankruptcy fees depend on your income.  Your income will likely determine whether you file Chapter 7 or Chapter 13 bankruptcy.  Other bankruptcy costs depend on how much debt you have.  More or complex debt can lead to higher bankruptcy fees.  The most important factor when it comes to bankruptcy expense is hiring the right bankruptcy lawyer.  Some attorneys overcharge.  You might overpay if you do not know what to expect.  Let’s look at Chapter 7 and Chapter 13 bankruptcy attorney’s fees, court filing fees, and the required classes.  This will help you protect yourself from bankruptcy attorneys trying to charge too much.

What is a basic Chapter 7 bankruptcy? (Yes, you can almost certainly keep your home and car.)  

If you qualify for Chapter 7 bankruptcy, the process is very straightforward.  The goal is to discharge the debt and keep the assets.  This usually can be accomplished.  There are some debts that cannot be discharged.  Secured debt on assets you would like to keep, student loans, and some taxes are frequent considerations.  Most people are able to keep all their assets, including their home and car.  Check with the list of exemptions in your state.  There are some assets that might need some consideration before you file if they are not included in the exemptions. The value of most homes you live in and cars you drive is included in the exemptions in every state. In almost every case, people are able to keep their home and car.

How much are the attorney’s fees for filing Chapter 7 bankruptcy?  

Chapter 7 attorney’s fees vary from state to state, but a general range is from $1,000 to $1,500.  This can be made in payments to the attorney.  For example, in Nevada and Colorado, attorney’s fees are a little higher than they are in Arizona.  Filing bankruptcy in Las Vegas or Denver could cost a couple hundred dollars more than a bankruptcy in Phoenix.  Regardless of whether you are filing a Denver, Las Vegas, or Phoenix bankruptcy, however, the range of attorney’s fees is the same.

What is a basic Chapter 13 bankruptcy?

Chapter 13 bankruptcy is used for incomes well above the Chapter 7 guidelines, nonexempt asset protection, or financing debts that cannot be discharged, such as student loans.  In Chapter 13, a debtor will pay their disposable net income to the court for a number of months. After the payments, the rest of the debt is discharged.  The payments are whatever the debtor can afford.  Subtract expenses from income; pay what’s left.  The payments can be really small, and the debt discharged can be really big.  You do not have to repay all your debt!  In fact, you will likely repay little or no unsecured debt, just like a Chapter 7.  Chapter 13 is a much better plan in many cases.

How much are attorney’s fees for filing Chapter 13 Bankruptcy?

The attorney’s fees for Chapter 13 are set by the bankruptcy court.  Chapter 13 fees vary by jurisdiction, but every attorney eventually gets paid the same.  Some of the fees are paid by you to the attorney before filing.  The rest of the fees are paid by the trustee to the attorney from the payment plan after filing.

The real focus should be the amount of money you pay the attorney before filing.  After your up-front fees, the rest of the attorney’s fees will come from your plan payments instead of going to your creditors.  It is better for you to pay as little up front as you can.  Some attorneys will want $2,500 or more up front before taking your case.  A Denver or Phoenix Chapter 13 bankruptcy can be filed for as little as $500 up front through our site.  A Las Vegas Chapter 13 can be filed for as little as $750 up front.

How much are filing fees for Chapter 13 and Chapter 7 bankruptcy?

Filing fees for each case are about $300.  These fees can normally be paid to the court after filing.  The court offers a payment plan for payment of the filing fees.  It is much more difficult to get the fees waived, but it is possible.  After filing, you will not be making payments to any of your other unsecured creditors.  Payment of the filing fee through a payment plan should work for almost everyone.

What is a credit counseling class?

The credit counseling class is a quick overview of credit that is required by the bankruptcy court before filing a petition.  It can be taken online or over the phone.  The credit counseling class covers things like where to find inexpensive items and the real cost of credit.  There is only one class.  It lasts about an hour.  You are not required to learn anything.  You just have to take it.

How much does the credit counseling class cost?

A credit counseling class should cost about $50.  You can normally take the class through your attorney.  You will need an hour alone with an internet connection or a telephone.  If you need help finding an internet connection, the library can help.  You could even take it at your attorney’s office.  Finding the free hour is up to you.

What is a debt management class?

Much like the credit counseling class, the debt management class is required by the bankruptcy court.  It is a longer class, usually over an hour.  It can also be taken online or over the telephone.  The debt management class must be taken after you file bankruptcy but before discharge.  In the case of Chapter 13 bankruptcy, the class may not be taken for several months.  The bankruptcy court will send notice to make sure you don’t forget.

How much does the debt management class cost?

The debt management class also costs about $50.  The credit counseling class and debt management class can both be taken online.  Your attorney will help you register for the classes.

What if I need to file bankruptcy right away? It’s an emergency bankruptcy filing.  

Sometimes, you need to file bankruptcy right away.  This could be the case to stop a garnishment, foreclosure, or repossession.  A bankruptcy can be declared in just a few minutes.  The exhaustive documentation can all be done later.  Filing an emergency bankruptcy is a much more involved process.  The documentation takes several times as long.  Because of this, there may be a fee for emergency filing charged by your attorney.  These fees are usually about $500.

Can a friend or paralegal help me with bankruptcy?  

Some bankruptcy filings do not go as smoothly as planned.  This is why it is always a good idea to meet directly with your bankruptcy attorney.  Meeting with a paralegal in the bankruptcy office will not prepare you for bankruptcy.  The paralegal cannot represent you.  If there are additional hearings like a 2004 exam, reaffirmation hearing, redemption objection, presumption of abuse, conversion hearing, or any other number of objections or adversary proceedings, a paralegal is just not good enough.  Having a friend who claims to know all about bankruptcy help you with your documents is also asking for trouble.  Few attorneys will take a case started by a paralegal or messed up by a friend.

Friends and paralegals are going to charge something for their help.  The attorney’s fees to guarantee your bankruptcy is done right are just not that expensive for the assurance.  The attorney’s fees can be made in payments and are well worth it if someone gets interested in your case.

A number of cases are randomly chosen by the bankruptcy trustee for audit.  In this case, there will be a 2004 exam that could take several hours of an attorney hired by the government going over every line of your filing.  Your case could be chosen.  This is only one instance in which the amount paid to a bankruptcy attorney is worth more than completing the documents.  It is an insurance policy to defend against the government’s lawyers.  There really is no better value than a bankruptcy attorney.

An Introduction to Nevada Bankruptcy Exemptions

May 26, 2017 By rayrichter

A major concern for many Nevada residents in debt is that filing for bankruptcy will cause them to lose what little property they have left. In fact, bankruptcy is about protecting debtors so they can make a “fresh start” free of crippling debt. It would make little sense to strip debtors of everything they have and expect them to rebuild from nothing.

Federal or State Rules?

For that reason, when an individual files for bankruptcy under Chapter 7 or Chapter 13, he or she can exempt many assets from the bankruptcy process. An exempt asset does not need to be turned over to the court-appointed bankruptcy trustee. Nor can a creditor seize or demand possession of any exempt asset.

Since bankruptcy is governed by federal law, Congress has established a default set of exemptions. But individual states are free to make their own lists of exemptions. States can also decide whether to let their residents choose between the federal and state lists. Nevada, however, requires its residents to use only the state exemptions.

Protecting Your Home and Car

So, what are the Nevada exemptions? For many people, the most important asset they have to protect is their home. Nevada permits a $550,000 “homestead” exemption. This means you can protect up to $550,000 in equity that you hold in the real property or mobile that you use as a primary residence. You cannot use the homestead exemption to protect a second home or a residential property that you rent out to other people. You must also file a Declaration of Homestead with Clark County prior to seeking bankruptcy protection.

Please note the homestead exemption protects you against unsecured creditors in bankruptcy. It does not undo a mortgage or tax lien against your home. And if your property is worth more than the exemption amount, you may be forced to sell, although you are entitled to keep up to $550,000 from the sale proceeds.

Nevada also exempts up to $15,000 of equity in your car. As with the homestead exemption, this does not protect you against a secured claim (i.e. your car loan), and it is possible you will have to pay your creditors or the bankruptcy trustee for any equity above the exemption amount.

Personal Property Exemptions

The homestead exemption applies only to the property and buildings, not the contents. Nevada separately exempts up to $12,000 in “household goods.” This includes furniture, electronics, clothing used for everyday wear, yard equipment, and other “personal effects.” This exemption covers your personal property and anything owned by one of your children or other dependents. If the value of all household goods exceeds $12,000, you may decide which property to exempt and which to surrender.

Separately, there is a $5,000 exemption for private libraries, art works, musical instruments, and jewelry. As with household furnishings, you can choose which items to keep if the total amount exceeds $5,000. You are also permitted to keep “all family pictures and keepsakes” regardless of value.

Income, Retirement, and Wild-Card Exemptions

Nevada bankruptcy exemptions also protect your wages from garnishment. The minimum exempt amount is the greater of 75 percent of your disposable weekly earnings or 50 times the federal minimum wage, which is currently $7.25 per hour for a 40-hour workweek. Practically speaking, this means you must be allowed to keep at least $362.50 per week in earnings, although most debtors will be allowed to exempt more. The bankruptcy court also may permit a low-income debtor to keep a higher amount of wages depending on the circumstances of the case.

As for other sources of income, most types of public benefits – including workers’ compensation and unemployment insurance – are exempt from bankruptcy. Any court-ordered spousal or child support is also exempt. Most insurance benefits, such as the payout of a life insurance policy, are exempt. Federal law further exempts many types of retirement accounts, including 401(k) plans, traditional IRAs, and Roth IRAs.

Finally, Nevada allows a $1,000 “wild-card” exemption to be used towards any kind of property, including cash or equity in property.

Do You Need Help from a Clark County Bankruptcy Lawyer?

In many cases, Nevada’s bankruptcy exemptions protect just about all of a debtor’s assets. This means that a debtor can exit bankruptcy free of debt with his or her property intact. It is also important to get legal advice from a Las Vegas bankruptcy attorney who can help you keep as much of your property as possible.

Call the Law Office of Erik Severino today at 702-997-4149 to schedule a free consultation with an experienced bankruptcy lawyer who will give you the personal attention your case deserves.