- Credit Counseling – 180 days to filing – You need to complete pre-filing credit counseling no sooner than 180 days before filing and no later than 1 day before filing.
- Re-filing Bankruptcy – 180 days to filing – If you had a previous bankruptcy case dismissed with prejudice you may be prohibited from filing another bankruptcy case. But if your previous case was dismissed without prejudice (the usual way), then you may re-file immediately if you wish.
- Residency Requirements – 91 days before filing – You must have lived in Nevada no less than 91 days during the previous 180 days prior to filing your bankruptcy case in Nevada.
- Non-dischargeability problems – 60 days before filing – You should not incur over $1,000 of unsecured debt during the 60 day period prior to filing your bankruptcy case. If you do, the debt may be considered ‘non-dischargeable’ and you will not be able to discharge this debt through bankruptcy.
- FILE DATE – This is the date you file your bankruptcy petition.
- Late Schedules – 15 days after filing – If all of your schedules were not filed with your bankruptcy petition, you must file the missing schedules, which list your assets and liabilities among other things, no later than 15 days after filing bankruptcy. The court may not accept schedules after this day without you filing a Motion to Extend Time to File Schedules. Call the Bankruptcy Defender if this occurs and we may be able to assist you in resolving this problem.
- First Chapter 13 Payment Due – 30 days after filing – If you filed a Chapter 13 bankruptcy case, you must make your first payment to the U.S. Trustee within 30 days after filing your bankruptcy case.
- Statement of Intention – 30 days after filing – If you filed a Chapter 7 case and want to keep paying your car note to keep your car or keep paying your mortgage to keep your home, you must file a Statement of Intention stating that you intend to ‘reaffirm’ your car note and/or mortgage. If you don’t file this, the Court will presume that you intend to give-up your car and/or house.
- Trustee Questionnaire & Document Request – 10 days before 341 meeting – You must answer and sign the Nevada Chapter 7 Trustee questionnaire and provide copies of the documents listed in the questionnaire via US Mail or in person to your assigned chapter 7 Trustee no later than 10 days prior to your 341 meeting.
- 341 Creditors Meeting – 6 weeks after filing – You must attend a ‘341 Meeting of Creditors’ at the bankruptcy courthouse where your creditors have an option to attend and ask questions. In reality, creditors rarely, if ever, attend to ask questions. This meeting is MANDATORY meaning if you do not attend, your bankruptcy case can be dismissed. This is not a hearing with a judge in a courtroom – you will be in a regular office room at a regular table and the assigned trustee will ask you a list of standard questions just like everyone else.
- DISCHARGE! – 60 days after 341 meeting – If you filed a Chapter 7 bankruptcy, around 60 days after your first 341 meeting is scheduled, you should receive a discharge of all of your debts as long as creditors have not provided legitimate objections to your bankruptcy. For Chapter 13 cases though, you will receive a discharge after you have made all of your monthly payments during the 3-5 year plan.
The Bankruptcy Defender helps individuals file for bankruptcy in Southern Nevada, including Las Vegas, North Las Vegas, Henderson, and Boulder City.