LAS VEGAS BANKRUPTCY TERMS
Helpful Terms for People in Las Vegas Considering Filing Chapter 7 or Chapter 13 Bankruptcy with our Vegas $0 Down Bankruptcy Attorneys.
341 Meeting of Creditors- Also referred to as your 341 Hearing, this is the one hearing that is mandatory in both Chapters of bankruptcy. Your trustee will ask you questions about your petition, and your creditors have the option to appear and ask questions as well.
Adversary Proceeding- A separate lawsuit filed within a bankruptcy by your creditor challenging the dischargeability of their debt.
Automatic Stay– A bankruptcy procedure that freezes your assets and prevents your creditors from seizing them. This means your creditors can’t garnish your wages or bank account or repossess your home or vehicle.
Conduit Case- A Chapter 13 case in which the filer is behind on their mortgage payments. The past-due amount, and their usual payment, will be included in these filers’ payment plans.
Cram down- A bankruptcy procedure available in Chapter 13. If a filer owes more on a financed asset such as furniture or a car (but not a principal residence) than it is worth, they can cram down the loan to the market value of the property.
Chapter 7- This Chapter of Bankruptcy discharges your debts without repayment. A case typically lasts 3-5 months. There are restrictions on how much income and property you can have in a Chapter 7.
Chapter 13- Also known as a wage earner’s bankruptcy, this Chapter of Bankruptcy is a 3-5 year reorganization of your debts. You will catch up on arrearages and pay a portion of your unsecured debts. Qualifying debts will be discharged at the end of your payment plan.
Discharge- The goal in filing bankruptcy in Nevada. When your debts are discharged, you are no longer obligated to pay them.
Exemptions/Exempt Property- If a property is “exempt” in a Bankruptcy, your trustees can’t seize it to contribute towards your debts. Each state has its own exemptions for assets such as your house, car, clothing, jewelry, tools, firearms, furniture, and more.
Means Test- An alternative method to qualifying for Chapter 7 Bankruptcy. If you make more than your state’s median income, you will use this test to prove you don’t have enough disposable income to pay your debts. An Arizona Bankruptcy Attorney can easily assist you with a Means Test.
Motion to Dismiss- Your trustee will file this motion if they want your case thrown out. If you fail to make your plan payments in a Chapter 13, your trustee will file a motion to dismiss.
Motion for Relief from the Automatic Stay- Your creditor may file this motion after your case is filed. If successful, they will be able to garnish your wages, repossess your vehicle, etc., in spite of the Automatic Stay of protection.
Post-petition- This refers to anything related to after your bankruptcy case was filed. You will be liable for post-petition debts, or any debts incurred after your bankruptcy was filed.
Pre-petition- This refers to anything related to before your bankruptcy case was filed. For the most part, only pre-petition debts may be discharged.
Proof of Claim- The documentation your creditor needs to file to be included in a Chapter 13 payment plan.
Trustee- Essentially the referee of your bankruptcy case. They will review your petition and ask questions at your 341 Meeting of Creditors to make sure there are no inconsistencies. Any requests from the trustee must be complied with promptly.
Zero Down Bankruptcy- A payment plan option offered by some bankruptcy firms. Your case will be bifurcated, allowing your attorney to accept payment in installments after your case is filed.
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