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Frequently Asked Questions

 

 Bankruptcy Type Attorney Fee Court Fee Total Upfront
Chapter 7 $899* $335 $1,234
Chapter 13 $899** $310 $1,209
Chapter 11, Subchapter V $5,000** $1,717 $6,717

*This assumes fees paid up front. As an alternative, we also offer a $0 down payment plan option with payments starting at $144.50/mo x 12/mos.

**Initial retainer only. Additional fees are charged to be paid through a court confirmed payment plan based on additional fees and costs incurred. These fees only apply if they are paid up front.

Yes. We can file your bankruptcy case with $0 down. You will enter into an agreement where you will pay the attorney fees over the course of 12 months. For a basic chapter 7, the repayment plan will be $161 per month. If your income is over the median, the monthly payment will be $194 per month. For Chapter 13 case, we also offer a $0 down option where the attorney fees are paid by the trustee through your payment plan. These monthly payment options do not include the court filing fees, which are $335 in a Chapter 7 and $310 in a Chapter 13, which typically must be paid before the case is filed, but can be paid afterward in special circumstances.

For every single one of our clients, before we file the bankruptcy, we run a credit score simulation which shows what your score is now, and what it will be 12 months after the bankruptcy. When you hire us, we will do this for you too. This way, you will know exactly what kind of impact the bankruptcy will have on your credit worthiness. Surprisingly, the 12 months post bankruptcy credit score improves 81 points on average based on our own internal data. So in most cases, bankruptcy actually improves your credit score 12 months after filing. This is because 30% of your credit score is determined by your debt to available credit ratio. This ratio is always improved when you file bankruptcy. There are certainly cases where the bankruptcy tends to lower your credit score as well; in general, the lower your score is before the bankruptcy, the more bankruptcy will improve your 12-month post bankruptcy score. The reverse is also true, the higher your credit score before bankruptcy, the more likely the bankruptcy is to lower your credit score 12 months after bankruptcy.

 Household Size Median Income*
1 Earner $52,449
2 People $65,756
3 People $74,856
4 People $81,528

*For cases filed on or after May 1, 2020

In general, you must wait 2 years after bankruptcy in order to obtain a mortgage loan. Generally speaking, there are 4 types of mortgage loans available (FHA, Conventional, VA, and USDA). Each type of mortgage has slightly different guidelines for waiting period after bankruptcy. Here are the mortgage loan types along with the guideline for waiting period:

 Loan Type Chapter 7 Chapter 13
Conventional 4 Years 2 Years from Discharge date;
4 years from discharge date
FHA 2 Years 1 Year
USDA 3 years 1 year
VA 2 Years 1 Year

 

At this time, credit reporting agencies report a Chapter 7 bankruptcy for up to 10 years and a Chapter 13 for up to 7 years; however, most people who file a bankruptcy are able to build their credit enough within two years to be able to finance and purchase a home, and cars can be financed much sooner after a bankruptcy is filed.

Essentially all consumer bankruptcy cases filed in the United States are filed under one of two “Chapters” of bankruptcy–Chapter 7 or 13.

Internally, 80% of our cases are chapter 7. A Chapter 7 is almost always the shortest, simplest, and least expensive type of bankruptcy that will eliminate debts through what is called a discharge. It typically takes three to four months, does not require monthly payments, and the attorney fees are usually much less than any other type of bankruptcy. On the other hand, property that has value and is not exempted must be turned over to a trustee, who sells it to pay your creditors. Many people are able to complete a Chapter 7 without turning over any such asset, but an attorney can advise you on whether this is likely for you. This is the type of bankruptcy that most people think of when they consider bankruptcy.

Internally, 19% of our cases are chapter 13. A Chapter 13 will usually last between three and five years and involves making payments to a trustee on a monthly basis, so regular income is required. You typically get to keep all of your property without being concerned that the trustee will take it. Because of the length and increased complexity of the case, the cost of the bankruptcy itself is greater than a Chapter 7, both in attorney fees and in trustee fees, but these fees are usually paid through the monthly payments. Some people file a Chapter 13 because they filed a Chapter 7 that resulted in a discharge within less than eight years. A Chapter 13 also results in a discharge upon completion of the plan payments, and often a person who files a chapter 13 pays less than what they owe.

There is no minimum or maximum amount of income to file a bankruptcy, but what matters greatly is the amount of disposable income that remains after expenses that are reasonable and necessary for the support of you and your family, which will affect which Chapter of bankruptcy you should file. If you have disposable income, you will likely be required to file a Chapter 13 or 11, but if you do not, you may qualify for a Chapter 7 bankruptcy. In a Chapter 7 or 13 bankruptcy, you will usually be required to prepare and file a form referred to as the “Means Test” that helps determine what your disposable income is. Because the correct preparation of this document requires skill and experience, we recommend that you contact an attorney to determine which Chapter of bankruptcy is best for you.

There is no minimum amount of debt required in order to file bankruptcy. The decision to file is usually based upon whether a person qualifies for a given chapter of bankruptcy and whether they want to. In determining whether a person wants to, important factors include the level of stress felt under the burden of the debts, whether they can afford necessities and pay debts, the likelihood that the person can pay off or settle their debts in the not-too-distant future, their debt to income ratio, and many other reasons. An attorney can help you consider these factors and offer advice.

In a word, no. There is no bankruptcy rule that requires married individuals to file a bankruptcy case with their spouse. In fact, it is quite common to see married couples maintain separate finances to the point where one spouse is in need of bankruptcy relief, while the other spouse would be just fine not declaring bankruptcy. One important note, however, is that while the filing spouse’s bankruptcy will generally not affect the non-filing spouse’s credit or liability for debts in only their name, the non-filing spouse’s income and assets could affect the filing spouse’s experience in a bankruptcy case in community property states like Nevada. Be sure to discuss this matter with a bankruptcy attorney if you are a married individual considering filing bankruptcy.

It depends on the lender and your credit history prior to the bankruptcy, but there are auto dealers and lenders who advertise to and offer loans to individuals during a bankruptcy; however, the interest rates are usually above average. In a Chapter 7 case, there is no need to get your attorney or the court’s approval, but in a Chapter 13 case, approval must be obtained through the court, with which your attorney can help you. There are more dealers and lenders who will work with individuals as soon as the bankruptcy is closed.

A car is an asset of the bankruptcy estate (all of debtors assets are). So, generally yes. However, in Nevada’s confirmed chapter 13 the plan language says “Debtor is prohibited from . . . selling . . . any nonexempt personal property worth over $1,000.” This implies (but doesn’t state outrightly) that selling exempt property doesn’t require court approval in chapter 13. This is typically not an issue in a Chapter 7, since the case is typically completed in three to four months.

No approval is necessary.

Generally speaking, chapter 7 is more effective than a chapter 13. In chapter 7, you don’t pay back any debt, the case is wrapped more quickly (generally within 3 months), and it costs less money. In some cases people file chapter 13 only because they don’t qualify for chapter 7. . . . .

It is a course or class that provides an analysis of the client’s current financial situation, a discussion of the factors that contributed to the client’s specific financial situation, and a plan to address the client’s financial situation without incurring negative amortization of debt. It can be completed by phone or the internet but the client must engage in live interaction with a counselor following the Internet or automated telephone portion of the counseling.

All individuals who file bankruptcy must complete this course and obtain a certificate of completion that is filed after they file bankruptcy.

Yes, but there may be pitfalls that you will not realize until it is too late. Someone who represents themselves in a legal matter is considered “pro se” (pronounced “pro say”). There are pro se debtors who successfully obtain a discharge, but we have observed that pro se filers obtain a discharge at a much lower rate than those who are represented by an attorney, they often end up paying more in the loss of assets for failure to do exemption application and planning, and they often discharge less due to the timing of the bankruptcy-recent debts and some tax debts can be tricky to deal with. Sometimes creditors bully pro se debtors because they recognize that such debtors do not know the law. A person who is a “petition preparer” can fill in blanks in a petition for you but cannot give you any legal advice, so they will not help you avoid the above pitfalls or guide you through the process like an attorney will. Even the United States Trustee, who is the government department that oversees our nations bankruptcy program, states on their website that “a bankruptcy filing may raise complex legal issues, so it is often advisable to consult with an attorney.”

Contrary to what Michael Scott though in the TV series The Office, saying “I declare bankruptcyyyyy!”, but Creed Bratton did make a good point that “Bankruptcy, Michael is natures do-over, it’s a fresh start, it’s a clean slate.” In fact, to “declare” bankruptcy is used in reference to the act of filing a bankruptcy petition with the correct bankruptcy court, which commences a bankruptcy case. The word does not have any other special meaning in bankruptcy and is not used in the bankruptcy code or rules.

Typically, if the lease was signed before the bankruptcy was filed, then yes, but the landlord should be listed in the proper schedule as a creditor and the correct intent should be indicated, which your attorney can do for you.

It depends how far along the road that the eviction process went prior to filing the bankruptcy case. The most common scenarios in Nevada are the following (skip to bottom for the quick answer):

1. The landlord obtained a judgment for lockout before the case was filed. This is the final order given to the constable to change the locks, often called the 24-Lockout Order. It is at least 1 week after the Notice to Quit. If this has been issued by the court before we file, NO AUTOMATIC STAY goes into effect upon filing of the bankruptcy. Its possible to get 30 days of stay, if you file a specific form with the petition, and Debtor(s) pays whatever rent payment would have been due to the bankruptcy court clerk during those first 30 days of the case.

The bankruptcy case is filed BEFORE there is an eviction order in place. The landlord must file a motion for relief from stay or wait 60 days until the stay expires. A lease that is not assumed is automatically deemed rejected, and accordingly, the stay is terminated by operation of law.

So in sum, either no stay at all goes into place if there was a lock out order before we filed, or the stay will most likely terminate upon a successful motion by the creditor, or after 60 days (whichever comes first).

Yes and no. A bankruptcy can discharge civil liability for a bad check if the circumstances arose before the bankruptcy. The creditor should be listed in the correct bankruptcy document, but the creditor could object to the discharge through an adversary proceeding based upon fraud. If the creditor is properly noticed and does not object by the deadline (60 days after the first scheduled 341 hearing), the civil liability will be discharged. On the other hand, bad checks can be a crime, and bankruptcy does not discharge criminal liability.

Yes and no. Just like a bad check, a bankruptcy can discharge the civil liability if the creditor is notified of the bankruptcy properly and on time and that creditor does not object to the discharge, but a bankruptcy will not eliminate the right of a government authority to prosecute you for a criminal liability

Not in the 9th Circuit, which includes Nevada

A Chapter 7 Trustee is typically an attorney (some non-attorneys can be a bankruptcy trustee) who perform certain duties described in in the bankruptcy code, which includes collecting and liquidating assets, investigate the financial affairs of the debtor, oppose the discharge of the debtor if advisable, and, convene and preside over the 341 hearing, which all debtors must attend. They are separate from and not employed by the government, but they are appointed and supervised by the federal government’s U.S. Trustee Program.

Yes, if you can prove that the student loans would impose an “undue hardship” upon you or your dependents. This is difficult and costly to prove. Breaking down the “undue hardship” requirement, there are three elements that the Debtor has the burden to prove in the 9th Circuit, including Nevada, in what is known as the “Brunner test,” which includes: 1. Based on current income and expenses, the debtor cannot maintain a minimal standard of living for the debtor and debtor’s dependents if forced to repay the loan; 2. Additional circumstances exist indicating that this state of affairs is likely to persist for a significant portion of the repayment period; and 3. The debtor has made good faith efforts to repay the student loan. Some courts and circles refer to this test as requiring debtors to prove a “certainty of hopelessness.” Undue hardship must be proved through a case that is separate but related to the underlying bankruptcy. There is a catch-22 situation present because an attorney needs to charge for their time and services to seek this discharge, but the very people who are most eligible for a student loan discharge cannot afford to pay their attorney, and when they can, their payments to their attorney can be used against them by the student lenders to show that the debtor does have disposable income. As a result, very few people try to seek a student loan discharge, and those that do are often through pro bono services. Until student lenders change their behavior, the courts modify their interpretation of the student loan discharge exception, or congress changes the law, the situation will remain unchanged. A debtor’s best influence on this area of law through lobbying their congress person for change, voting for a politician who is promising change to student loans in bankruptcy, or using social influence to encourage others to do the same.

Examples of this situation include unpaid tuition, such as when a person drops classes or a student loan is taken back after classes start, or other miscellaneous costs outside of student loans. The answer to this is that it depends on particular facts of the situtation and in which jurisdiction the bankruptcy is filed. In the ninth circuit, there is a distinction between a debt and a loan–if there was no promise to repay the funds, or if funds were never received, then the debt is dischargeable. See an attorney for further advice in your circumstances.

This matters because some landlords or lenders want to see that a bankruptcy is closed before renting or issuing credit. The discharge is the Bankruptcy court order that releases the person from the obligation to pay certain types of debts. A case is typically closed by request of a party or when all proceedings in the case are complete. In a Chapter 7, a discharge is often followed by the closure of the case within days; however, sometimes a case will remain open for administrative purposes, which could include liquidating some asset (e.g. unexempt tax refund or car) or undoing a transfer by the debtor pre-petition (e.g. insider payment). Sometimes a person can receive their discharge but their case will remain open for a year in a Chapter 7, but there needs to be a reason. In a Chapter 13, there is typically not a substantial delay between discharge and closure of the case.

In bankruptcy, it is usually the main objective of the case because the person who filed a bankruptcy is released from the obligation to pay certain debts.

Generally, a tax debt will be dischargeable in Chapter 7 bankruptcy if the following requirements are met: -The taxes are income-based. Income taxes are the only kind of debt that Chapter 7 is able to discharge. The tax debt must be for federal or state income taxes or taxes on gross receipts. -The return was due at least three years ago. The taxes must be from a tax return that was due (including all valid extensions) at least three years before you filed for bankruptcy. For example, if taxes were disclosed in a 2015 income tax return for which extensions to file the return expired on October 15, 2016, the tax return due date test will be satisfied if the bankruptcy petition is filed after October 15, 2019. -The tax return was filed at least two years ago. The tax return must have been filed at least two years before filing for bankruptcy. Be careful of Substitute Returns or “SFRs” though! In the 9th circuit courts, a late return does not count as a valid “return” if the IRS filed a substitute return before the Debtor filed. This means they won’t be able to discharge the taxes. -The taxes were assessed at least 240 days ago. The taxing authority must have assessed the tax (entered the liability on the taxing authority’s records) against you at least 240 days before you filed for bankruptcy. This time limit may be extended if there was an offer in compromise between the taxing authority and you or if you had previously filed for bankruptcy. -No fraud or willful evasion. The tax return must not be fraudulent or frivolous and the you cannot be guilty of any intentional act of evading the tax laws. If you file a joint return, the taxing authority must prove that both you and your spouse committed an act of fraud related to the applicable return or willfully attempted to evade the tax in order for the court to deny the discharge of the tax debt. There are other considerations that could affect the application of the facts to the requirements above such as offers in compromise and previous bankruptcy filings. Be sure to have an attorney provide any legal advise regarding tax discharge issues if you encounter this issue with a client.

Chapter 7 to Chapter 7 = 8 yrs from filed date (not discharge date)

Chapter 13 to Chapter 7 = 6 yrs from filed date (*exception below)

Chapter 7 to Chapter 13 = 4 yrs from filed date

Chapter 13 to Chapter 13 = 2 yrs from filed date

Note: if a case is dismissed, there is no waiting period. The waiting period only applies if the first case was discharged.

*Exception: if a debtor paid over 70% of their debts in their chapter 13, there is no waiting period to refile a chapter 7.

Yes, if in the 9th Circuit, including Nevada, and the following applies:

-Chapter 7 case;

-The case is a “no asset case,” which is a determination made by the debtor when the case is filed but can be changed by the Chapter 7 Trustee if there is an asset to be liquidated or a transfer of an asset that is sought to be “avoided” (in other words, undone); and

-The creditor received notice of the bankruptcy and had an opportunity to object during the case but did not.

No, unfortunately in the 9th Circuit, which includes Nevada, reopening a case does not result in the automatic stay being placed back into effect.

The most common loans that are reaffirmed are for homes and cars, but loans for swimming pools, solar panels, water softeners, air conditioning units, furniture, electronics, and more can also be reaffirmed. Whether this is in your best interest is a discussion you should have with your attorney.

Say it like “bet” or “better” with a “d” in the front. Ask the French why the “b” in the middle is silent.

In nearly all cases, you do not have to meet with a judge to complete your bankruptcy and get your discharge. You will be required to attend a hearing, called a 341 meeting, or meeting of the creditors (creditors rarely appear), that is usually at a courthouse. This hearing is conducted by the trustee assigned to your case, and is usually held in a room with chairs and a conference table.

The answer to this question is tricky because the answer may modify how a person seeks to craft their divorce decree and time their bankruptcy and thus may change the results. Most often, the safest method for purposes of bankrupcy would be to file the divorce decree first and then file the bankruptcy; however, if you and your soon-to-be-ex-spouse are both considering bankruptcy, you could do a joint bankruptcy first because a joint bankruptcy is less costly in legal and court fees than two separate cass. Only married indifividuals can file a joint case. Where debts are not joint, and there is not likely to be any debt other than support payments between spouses, timing will not likely matter. Debts that are in the nature of support are not dischargeable, and debts to spouses that are in a divorce decree or related to it are not dischargeable in a Chapter 7 but are in a Chapter 13. Whether a debt is in the nature of support depends on how the divorce decree is written and related facts. A debt can arise through a divorce decree where none was present prior to divorce. For example, you may have been an authorized user of a credit card that your ex-spouse was legally responsible for, but the divorce decree says you must pay this credit card. Prior to the divorce, you did not owe this debt, but now you do. A Chapter 7 would not discharge this debt, but if the debt is not in the nature of support, then a Chapter 13 would discharge this debt. There are a lot of scenarios that can be discussed with an attorney.

Yes, but the results can be complicated if you and your spouse filed jointly and are in a Chapter 13. This is rarely an issue in a Chapter 7 because it is usually finished in three to four months, nor is it usually an issue where just one of the spouses filed the Chapter 13. In a Chapter 13 that is filed jointly, conflicts of interest usually arise between the two spouses, and so the cases will need to be bifurcated, which means they are no longer joint cases. If this occurs, and there is an attorney representing both spouses, the attorney will usually have to withdraw from one or both of the cases.

Foreclosure of Reverse Mortgages
Learn when a lender can foreclose if you have a reverse mortgage.
With a reverse mortgage, older homeowners can use the equity in their home to get cash, but this is often a bad idea. Reverse mortgages are complicated, come with extensive restrictions and requirements, and—under certain circumstances—can be foreclosed.

Understanding Mortgages
Significant differences exist between traditional mortgages and reverse mortgages.
Traditional Mortgages
With a traditional, forward mortgage, the borrower qualifies for and borrows a large sum of money based on factors such as income, job history, and creditworthiness. Often, a traditional mortgage loan is taken out to purchase real estate. The borrower then has to repay the loan by making monthly installment payments. If the borrower stops making payments, the lender can foreclose.
Reverse Mortgages
Reverse mortgages, on the other hand, are designed to allow elderly homeowners to convert the equity in their homes to income or a line of credit. Reverse mortgages are only available for homeowners who:
-are age 62 or over
-occupy the property as a principal residence, and
-own the home outright or have significant equity in the home.
The Federal Housing Administration (FHA) insures almost all reverse mortgages through its Home Equity Conversion Mortgage (HECM) program. The insurance guarantees lenders that they will be repaid in full when the home is sold. Other types of reverse mortgages exist too—they’re called proprietary reverse mortgages—which are private loans backed by the companies that develop them. Proprietary reverse mortgages are usually available only for very high-value homes.

A reverse mortgage is different from a traditional mortgage in that it doesn’t require the borrower to make monthly payments to the lender to repay the loan. Instead, loan proceeds are paid out to the borrower according to a plan. The borrower can choose to receive a:
-monthly payment
-line of credit, or
-lump sum (though with a HECM, you’re limited to 60% of the loan amount during the first year after closing in most cases).
You can also get a combination of monthly payments and a line of credit.

When Does a Reverse Mortgage Become Due and Payable?
Once a triggering event occurs, the reverse mortgage loan becomes due and payable. This means that the borrower owes the lender the total amount of money the lender has disbursed to the borrower, plus interest and fees accrued during the life of the loan.

Triggering Events
A HECM reverse mortgage loan becomes due and payable when one of the following circumstances occurs.
All borrowers have died. When this happens, the heirs have several options. They may choose to:
-repay the loan and keep the property (generally, with a HECM, the heirs may pay the lesser of the mortgage balance or 95% of the current appraised value of the home)
-sell the property (for at least the lesser of the loan balance or 95% of the fair market value of the home in the case of a HECM) and use the proceeds to repay the loan
-deed the property to the lender, or
-let the lender foreclose.
If you take out a HECM and have a nonborrowing spouse, your spouse might be able to remain in the home after you die, and the loan repayment deferred, so long as certain criteria is met. The rules are complex and different depending on whether you took the loan out before or after August 4, 2014.

The property is sold or title to the property is transferred. If the home is sold or title transferred, the loan becomes due and payable. Generally, if the property is sold, the escrow company will accept the purchaser’s money and pay off the reverse mortgage along with any other liens on the property. If you transfer ownership of the home—for example to a relative—the loan becomes due and payable.

The borrower no longer uses the home as a principal residence. With a HECM, if the property ceases to be the principal residence of the borrower for reasons other than death and the property is not the principal residence of at least one other borrower, the loan becomes due and payable. To resolve the debt, you can correct the matter, pay the balance in full, sell the home for the lesser of the balance or 95% of the appraised value and put the proceeds toward paying off the loan, or complete a deed in lieu of foreclosure. Or else, the lender will foreclose.

The borrower fails to occupy the home for longer than 12 consecutive months because of a physical or mental illness. With a HECM, the borrower can be away from the home—for example, in a nursing home facility—for up to 12 consecutive months due to physical or mental illness; however, if the absence is longer, and the property is not the principal residence of at least one other borrower, then the loan becomes due and payable. Again, to resolve the debt, you can correct the matter, pay the balance in full, sell the home for the lesser of the balance or 95% of the appraised value and put the proceeds toward paying off the loan, or complete a deed in lieu of foreclosure. Otherwise, the lender will foreclose.

The borrower fails to meet the obligations of the mortgage. The terms of the mortgage will require the borrower to pay the property taxes, maintain adequate homeowners’ insurance, and keep the property in good condition. If the borrower doesn’t pay the property taxes or homeowners’ insurance, or if the property is in disrepair, this constitutes a violation of the mortgage and the lender can call the loan due. The lender must usually allow the borrower to cure the default to prevent or stop a foreclosure.

The first payment is due no later 30 days after the case is filed, and then monthly on that same date thereafter. For example, if a case is filed January 15, the first plan payment is due February 14 because there is 31 days in January, and then each payment is due on the 14th of each month thereafter. If a case was filed February 15, the first payment is due March 17. If a case is filed April 15, the first payment is due May 15.

Yes, and it will be permanent unless the debt is not dischargeable, and then only by bankruptcy court permission or after discharge or dismissal of the case. An exception may exist for domestic support orders such as alimony or child support.

Yes, and it will be permanent unless the debt is not dischargeable, and then only by bankruptcy court permission or after discharge or dismissal of the case. An exception may exist for domestic support orders such as alimony or child support.

Yes, the translator will typically be by telephonic speaker phone. Most trustees prefer to be notified in advance, which your attorney can do for you.

This depends on a number of things, including which chapter of bankruptcy you are filing, where you are filing, and what exemptions are available.

Chapter 7: Only the refunds that have been “earned” but not yet been received are subject to surrender to your trustee. The important date is the date you filed your bankruptcy. If you filed your bankruptcy case on April 1, and you just filed your tax return and have not yet received your refund, it is subject to surrender as well as 33% (4 of 12 months so far into the year of overpayments from your paystubs to the government) of next years tax refund. However, depending on the applicable and available exemptions, both of these years may be exempted.

Chapter 13: Typically, only one the first tax refunds received during the bankruptcy are subject to exemption, depending on availability of the exemption. In plans where the applicable commitment period is 3 years, two more years of refunds will need to be surrendered even if the plan is for a full five years, whereas those with an applicable commitment period of 5 years must surrender the remaining 4 years of refunds, unless the debtor pays 100% of their debts through their plan and completes their case sooner.

See your attorney for advice regarding which exemptions apply and how to use them, as well as which applicable commitment period applies to you if in a chapter 13.

“Coronavirus Aid, Relief and Economic Security Act” intended to “To provide emergency assistance and health care response for individuals, families, and businesses affected by the 2020 coronavirus pandemic.” It pays $1,200 for most adults and $500 per child and $600 per week to those also getting state unemployment benefits under the FPUC benefits (“Federal Pandemic Unemployment Compensation”) until July 31. See the article below for a summary of the qualifications and the reduction or elimination in payment above certain levels of income.

In short, none. Just like VA disability and SSI, it will be excluded from income as stated under the CARES Act.

1. Person owns a home (may be in the name of trust as well)
2. That home is in NV
3. The homeowner lives in the home
4. Typically, the homeowner files a homestead Declaration with the county recorder’s office

Because a home can hold so much importance to a person and have a high monetary value, it is very important to verify eligibility for this exemption before a bankruptcy. There are exceptions to claiming the full value of the homestead, such as for those who recently moved to Nevada, recently purchased their home, of they were convicted of a felony, securities crime or similar, or committed a criminal or intentional act that resulted in serious injury or death to another, or some other unusual acts. In addition, the homestead does not protect equity against voluntary and some statutory liens. See your attorney for legal advice.

In theory, when you file bankruptcy, you surrender everything you own to a bankruptcy trustee. However, most statutes provide that specific assets, or exemptions, can’t be taken from you, despite a bankruptcy. 

In many situations, you will lose no assets and personal belongings through filing bankruptcy unless they are assets that are not exempt. If you are worried about a particular asset, ask about it in your consultation.

In other words, in order for them to earn the same profits as us, they have to charge much more.

There are both advantages and disadvantages to the filing. These include:

Pros:

  • Debt forgiveness
  • Legal protections
  • A way to free yourself from debt

Cons:

  • Adverse credit score effects
  • Potential damage to your reputation with creditors and the community
  • Monetary expense

From observing other practical applications, we have seen that the better your credit score is going into your bankruptcy, the more quickly it will recover afterward. Credit recovery goes hand-in-hand with bankruptcy. We can suggest ways you can start rebuilding your credit score after a bankruptcy.

We hear this question at times. And we understand where you’re coming from and why you might ask this question. To that end, we strive to provide these:

  • First Class Service

Our success is grounded in the trust we establish with our clients. We aim to deliver exceptional service and prompt interaction by responding as quickly and expeditiously as possible. Our legal team strives to provide timely updates and keep you well informed. We pride ourselves in being service-oriented and are eager to help you navigate your tough times to a favorable resolution. 

  • FREE Case Evaluation

If you or a loved one suffered an injury due to someone else’s actions, you need an experienced law firm that fights vigorously for your rights. You may have been involved in an automobile accident, slip and fall, or another type of accident-related injury and are looking for options to recover your losses. We will evaluate your case so you can move forward toward getting justice. At this time, you are well-advised to direct your focus on recovering your health and well-being. Let us do the heavy lifting.

  • Avoiding Costly Advertising Expense

Advertising on different forms of media is expensive. Many other law firms build this cost into their client’s fees. Law firms that advertise heavily must charge more to compensate for the advertising dollars they spend. We refrain from engaging in this costly advertising expense, so we can charge you less than other firms do.

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From our first meeting and throughout, Ballstaedt Law Firm has been extremely helpful, knowledgeable and prompt. The prices are very reasonable, and the locations are easily accessible. We would recommend Ballstaedt every time!

Kat E. Actual Client

The professionalism and competence displayed by Lori Draper in dealing with me and my wife is rare in this day and time, where businesses treat clients as commodities rather than people. Lori has exceptional people skills and works diligently to make clients fell that they are the most important thing her agenda. Lori is prompt, timely and professional, which creates an atmosphere of trust and makes clients want to recommend the Ballstaedt Law firm to others. Employees like Lori Draper is an asset a company should be proud of representing them

Lawrence B. Actual Client

Harlene July 2010 – I had put off filling for a while. I was kind of afraid of the unfamilar. The staff was amazing, and made me feel good about what I needed to do. Seth, was right to the point and got things handled. I am very pleased.

Harlene H. Actual Client