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.