Posts Tagged ‘las vegas’

What the Case Trustee does during Chapter 7 Bankruptcy in Las Vegas

Monday, April 12th, 2010

Chapter 7 bankruptcy has many clear benefits for Las Vegas residents in deep debt and with few options. Instead of borrowing more money or losing everything, you can eliminate many debts including hospital bills, mortgages, and credit card debt (but you may lose your home in Chapter 7 bankruptcy).

The case trustee administers your liquidation of debt by selling all your nonexempt assets. This means exempt assets, including possessions like food and clothes, will stay safe. Nonexempt assets include your car and home. Typically, the more you have the more you lose. It’s wise to get counsel from a professional Las Vegas bankruptcy attorney, to study personal Chapter 7 and Chapter 13 bankruptcy yourself, and to be aware of all laws including the role of the case trustee. Let’s go over what the case trustee does.

Liquidation for Chapter 7 Bankruptcy in Las Vegas
If you have no assets, which is the most common in bankruptcy, you will lose no assets and your creditors will receive nothing. If you have many assets, you might lose some of them.  It’s most common to lose absolutely nothing.

Liquidation involves you filing the petition, a court receiving it and assigning a trustee, and for any creditors you owe money to have to claim it. Within 90 days, unsecured creditors have to file statements on debts with the court. The money made from the liquidation will then go to creditors. Within 180 days, government units have to file paperwork as well. Again, in cases where the debtor has no assets, the creditors have nothing to claim.

The “Estate” and Chapter 7 Bankruptcy in Las Vegas
The estate will be the owner of all the debtor’s nonexempt property, including cars and homes in some cases. The money paid to creditors will come from this estate. Section 726 of the Bankruptcy code is where the powers given to the estate comes from. There are six classes of claims for each creditor, and each has a right to the debtors assets. After all these are paid, the debtor can hold onto whatever assets are left.

The Discharge for Chapter 7 Bankruptcy in Las Vegas
Finally, when the creditors are paid, or get nothing if the debtor has few assets, the discharge is made. According to the U.S. government, debtors receive a discharge 99 percent of the time. This is very good news, as odds are in a matter of months you will be debt free. This process typically takes only 3-6 months.

The Role of the Las Vegas Bankruptcy Attorney
If you want to file Chapter 7 bankruptcy in Las Vegas and are unsure of laws such as exempt and nonexempt property, contact a professional bankruptcy attorney with the experience you need. While bankruptcy on paper sounds like a quick process, in reality it takes a lot of skill to file all proper documentation, handle the courts correctly, and come out ahead.

When to File Chapter 7 Bankruptcy in Las Vegas

Monday, February 22nd, 2010

In November of 2009, new laws went into effect for all states regarding eligibility for Chapter 7 bankruptcy. This news may sound scary, but in reality it doesn’t necessarily mean it will be tougher to file Chapter 7 bankruptcy in cities like Las Vegas, New York, Los Angeles, and San Diego.

For Nevada residents, the new bankruptcy laws instituted a median for how much money you could earn if you were eligible for Chapter 7 bankruptcy.

According to the law, for an individual, you can’t make more than $46,3156, for two people $60,449, for three $67,052, and for four $71,104.

That’s a numbers crunch, and there are tools available to see if you can actually file Chapter 7 bankruptcy in Las Vegas.

The laws may change yet again, so how can you be sure you can file for Chapter 7 bankruptcy in Las Vegas, Nevada  or any city for that matter? And when should you file for Chapter 7 bankruptcy, why not Chapter 13?

What Chapter 7 Bankruptcy is for Las Vegas Residents
You’re worried you make too much. With the new laws, you may not be eligible for Chapter 7 bankruptcy, but that means hiring a professional bankruptcy attorney who can help you decide. There are other forms of bankruptcy you can file too. However, Chapter 7 bankruptcy is still the most common form, and an attorney can help you file successfully.

Chapter 7 bankruptcy is basically a liquidation proceeding. A trustee is given power to sell your non-exempt valuables, which can include homes and cars, in order to pay back your debt. You will then be free of all debts after filing.

Filing Chapter 7 Bankruptcy in Las Vegas
Chapter 7 bankruptcy in Las Vegas protects you from creditor harassment, foreclosure of homes, moments of financial uncertainty, and from losing everything you’ve worked so hard for. Nevada law, as noted, has been through some changes, but these changes are for all states. It’s just that the median income varies for each state. Filing for Chapter 7 bankruptcy in Las Vegas can be tougher because of the new laws, making hiring professional bankruptcy attorneys a must. This can be a simple process, as bankruptcy is set up to help you.

When to File for Chapter 13 Bankruptcy in Las Vegas
With the new laws in effect, many Chapter 7 bankruptcies are changing to Chapter 13. Chapter 13 bankruptcy in Las Vegas is different in that you are only given more time to pay back creditors. With Chapter 7 bankruptcy you can expect to lose all debts and be free from creditor harassment for the most part. Chapter 13 bankruptcy in Las Vegas means you’re given 3-5 extra years to pay back outstanding debts. When should you file for Chapter 13 bankruptcy instead of Chapter 7? Few cases are alike. You should consult a Las Vegas bankruptcy lawyer for a consultation.

Need Help Filing Chapter 7 Bankruptcy in Las Vegas?
The best way to file for Chapter 7 bankruptcy in Las Vegas is with professional counsel. The hearings–if you’ve ever been to one–are typically short and often seem easy. This is a misconception. There is a lot that goes on both inside and outside the courtroom. Filing for Chapter 7 bankruptcy in Las Vegas requires a professional attorney who can walk you through the process.