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The Bankruptcy Discharge: What You Need to Know

During the 12-month period that ended September 30, 2018, more than 760,000 Americans filed for bankruptcy under Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code. These Americans were facing seemingly insurmountable debts, but the bankruptcy process offered them a way out. The way bankruptcy does so is through the discharge, a court order that terminates a debtor’s liability …

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What are the Bankruptcy Exemptions in Nevada?

Last year, more than 8,000 Nevadans filed for bankruptcy under Chapter 7 or Chapter 13 of the U.S. Bankruptcy Code. Bankruptcy is a legal process through which Americans struggling with overwhelming debt can obtain some relief. At the end of the process, the debtor receives a bankruptcy discharge, which is a court order terminating his or her obligation to repay …

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Chapter 7 or Chapter 13 Bankruptcy: What’s the Difference?

When individuals file for bankruptcy, one of the first choices they must make is under which chapter of the Bankruptcy Code to file their case. In general, individuals choose to file either under Chapter 7 or Chapter 13. Each of these chapters provides its own set of rules and offers different advantages and disadvantages for debtors. If you’re considering filing …

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What Happens if You Forget to List a Creditor When Filing Bankruptcy?

Every bankruptcy case begins with a flurry of paperwork. In addition to the bankruptcy petition, you’ll need to file multiple schedules and other documents listing comprehensive information about your assets, debts, creditors, and other financial information. Given the complexity of the information requested, it can be easy to make mistakes. One mistake that people sometimes make when filing for bankruptcy …

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Credit Card Debt Increasing Fastest in Nevada

In August 2018, Experian, one of the nation’s three consumer credit reporting agencies, released the findings from a study of nationwide credit card trends. According to that study, credit card debt in the United States grew from $734 billion in the second quarter of 2017 to $782 billion in the second quarter of this year, an increase of about 6.6%. …

Can Chapter 13 Bankruptcy Save Your Home from Foreclosure? | Haines & Krieger Law Firm

When purchasing a home, foreclosure may be the last thing on your mind, but sometimes situations occur that put you in jeopardy of losing your home.  Job loss, mounting debt, loss of ability to work, or even divorce impact many homeowners’ ability to make their mortgage payments, and eventually find themselves in foreclosure. What Does Foreclosure Mean? Foreclosure allows a …

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Keep Evidence When Creditors Harass You

Several federal consumer protection laws protect against creditor harassment. For instance, the Fair Debt Collection Practices Act forbids a third party collector from calling after you have retained an attorney to represent you (to file bankruptcy, for instance). The Telephone Consumer Protection Act prohibits auto-dialing telephone calls to a cell phone, unless you have previously given express consent. Of course, …

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7 Facts From Nevada Foreclosure Mediation Statistics

Facing a wave of foreclosures due to the housing bust, in 2009 the State of Nevada implemented a foreclosure mediation program to stem the tide. Superficially, it appears like a good idea because Nevada allows “nonjudicial” foreclosures, which means the lender can initiate a foreclosure proceeding without having a judge or other magistrate sign off on it. The Nevada judiciary …

What Records Will the Bankruptcy Trustee Require

The bankruptcy system is built on trust. It really isn’t designed that way, at least not intentionally, but this trust system has developed from necessity. The volume of bankruptcy cases necessitates that bankruptcy trustees accept most debtor statements without verification, and rely on the examination of a few records for the rest. Many of these records are mandated by the …

How are Debts Handled in Bankruptcy

Individuals who have been through the bankruptcy process are often happy to talk about their experiences. Usually this is not a bad thing, but sometimes it can lead to misinformation and unrealistic expectations. How your friend’s debts were treated in her case may be very different from how similar debts are treated in your case. For instance, a bankruptcy court …