Qualifying for Bankruptcy in Nevada2023-09-12T15:21:01-07:00
Qualifying for Bankruptcy in Nevada
Qualifying for Bankruptcy is not as difficult as it may seem. In Nevada, there are several different Chapter of bankruptcy that may be filed. Plus, when debts become too much to handle on your own, bankruptcy is there to give you a financial clean slate. Most people considering bankruptcy choose between two options: Chapter 7 Bankruptcy and Chapter 13 Bankruptcy. Whereas, Chapter 7 simply liquidates and discharges most unsecured debts, while debts are reorganized into a payment plan in a Las Vegas Chapter 13 Bankruptcy. For that reason, many filers would prefer to file a Chapter 7 Bankruptcy in Las Vegas. However, there are strict restrictions on who can file a Chapter 7.
Nevada Bankruptcy Attorneys help families file for BK in Nevada
Qualifying for Chapter 7 Bankruptcy
In Nevada, there are two ways to qualify for a Chapter 7 bankruptcy. The first is by making less than the state median income based on how many family members you have. Only spouses and minor children will be included as your family members. The median income in Nevada starts at $52,449 for a single filer with no dependents. It increases to $65,756 for an additional family member, $74,856 for a third, and so on.
The Bankruptcy Means Test
If you make more than the state median, you have a second chance to qualify for Chapter 7. This is called the Means Test. The Means Test is used to determine if you have enough disposable monthly income to pay on your debts. Necessary expenses like student loan and tax debt payments will be factored into your income averaged over the past six months. There will be an amount based on your family size that creates a presumption of fraud. If you have less than this amount after the calculations, you will still qualify for a Chapter 7 bankruptcy.
If You Don’t Qualify for Chapter 7, You May Qualify for Chapter 13
When your income is too high to qualify for a Chapter 7, you will likely qualify for a Chapter 13. This chapter is often referred to as a wage earner’s bankruptcy because you need to be able to show that you will reasonably be able to make consistent payments on at least a minimal amount of your debts. There are also ceilings on how much debts you can have. You can file bankruptcy if you have less than $419,275 in unsecured debts, and $1,257,850 of secured debts.
Another thing that can disqualify you from filing for bankruptcy besides your income is if you have already filed before. There are waiting periods between filing that depend on which chapter you previously filed and which chapter you wish to file. You will need to wait 8 years after the filing date of your first Chapter 7 bankruptcy before you are eligible to file again.
Except in rare (usually Chapter 13) cases, the goal of filing bankruptcy is to achieve discharge. When debts are discharged, you are no longer obligated to pay them. In a Chapter 7 bankruptcy, it is usually 3-6 months from the filing date until your debt is discharged. In Chapter 13, you will need to complete the final payment in your 3-5 year payment plan before you are eligible for discharge.
There is no minimum amount required to file for bankruptcy. You should keep in mind that the filing fee for a Chapter 7 is $335, and for Chapter 13 is $310. The attorney’s fees will likely be much higher than the filing fee. Of course, each situation is different, but we recommend at least $10 thousand in dischargeable debts before filing.
Yes. You will need to take one credit counseling course before your petition is filed, and another within 60 days of your 341 Meeting of Creditors. The credit counseling courses can be conducted online, and typically take 45-60 minutes. Be sure to take the course in advance of your filing appointment so you don’t struggle with technical issues.
To file bankruptcy after a Chapter 7, you must wait 8 years for a Chapter 7 and 6 years after a Chapter 13. To file after a Chapter 13, you must wait 2 years after a Chapter 13 and 4 years after Chapter 7.
As long as you don’t exceed the debt ceilings for bankruptcy, Chapter 13 should still be available to you. Otherwise, you can contact a debt settlement service. Make sure you use a reputable service if you use this route, as many of our clients discharge these firms’ debts in their bankruptcies after the debt settlement process fails.
The success rate of Chapter 13 filers without an attorney is less than 1%. It is a bit higher for Chapter 7 filers, but you should always at least consult an attorney before filing bankruptcy. They will be able to determine which chapter you qualify for along with any other hurdles in your case. Our office offers consultations free of charge, so you can get advice risk-free.
Our firm, among others, offers a payment plan option called Zero Down Bankruptcy. Your case will be filed with absolutely zero money down. You will not pay your attorney’s fees nor your filing fee until a date of your choosing within 30 days of filing. You can pick weekly, bi-weekly, or monthly payments depending on your pay schedule. They will be at a 0% interest rate. The payments are credit reported to help you improve your credit score faster after your case is filed.