Written by Attorney Eva Bacevice.
Updated August 17, 2020
One of the biggest bankruptcies in the news these days has a foothold in Boulder City, Nevada. California company Pacific Gas & Electric (PG&E) filed for Chapter 11 bankruptcy in January of this year. This could hit close to home since Copper Mountain Solar Project in Boulder City sells electricity to PG&E, as one of their biggest clients. Whether you work for Copper Mountain Solar Project and this impacts your income, or you are experiencing other financial difficulties, bankruptcy exists as a remedy for you. Individuals (or married couples filing jointly) can file for either Chapter 7 or Chapter 13 bankruptcy. Chapter 7 is a traditional, or liquidation, bankruptcy, where you can walk away from most (possibly all) of your debts, usually in about four to six months. In Chapter 7 you can eliminateyour unsecured debts, which are debts that are not tied to a specific item. This includes medical bills and credit card bills, which tend to be the bulk of most people’s debts. If most (or all) of your debts are unsecured you can truly walk away from a successful Chapter 7 bankruptcy with a fresh start. Filing bankruptcy in Boulder City under Chapter 13 is a little more complicated and involves a repayment plan that runs for between three and five years. Chapter 13 is a reorganization, much like a personal Chapter 11 case, and often involves an effort to catch up on a secured debt (a debt that is tied to something specific, like a mortgage on your home.) As these cases are longer and more complex, seeking legal assistance is a good route to follow and many legal aid organizations can help in this situation. It's also important to note that in all chapters of bankruptcy, there are also non-dischargeable debts that survive the bankruptcy process. The most common examples of these debts are child support, alimony, and government debts. Usually, your circumstances will dictate which type of bankruptcy is best for you. If you looking to file Chapter 7 bankruptcy in Boulder City and you are eligible for Upsolve we can assist you through the process of your Nevada bankruptcy at no cost.
Boulder City Bankruptcy Lawyers - Estimated Cost
All too often cost is a factor in exploring bankruptcy as an option for financial relief.
This is a very real concern when you consider that the cost of a bankruptcy lawyer is between $1,100 and $1,500 for a Chapter 7 bankruptcy in Boulder City. If that is something you can handle financially and you do want to hire an attorney, start interviewing some lawyers in your area by taking advantage of the free consultation that most bankruptcy lawyers offer. But if that is a cost you can’t afford there are still other options. First, it's important to know that you don’t have to hire an attorney for your bankruptcy, you can file on your own (“pro se”). Second, there are also legal aid organizations that can assist. And now there is also an option to partner with Upsolve, which allows you to file your Boulder City bankruptcy on your own with our support, as we walk you through the process for a successful bankruptcy.
How to File Bankruptcy in Boulder City, Nevada for Free
At Upsolve we believe that cost should never be a barrier to financial relief. We offer free support to people filing Chapter 7 bankruptcy in Boulder City. This guide will walk you through every step of how to file bankruptcy in Boulder City, beginning with the below:
Collect Your Boulder City Bankruptcy Documents
The first step for your Boulder City bankruptcy is to collect all of the documents you'll need to show that you are eligible for Chapter 7 and to fill out your bankruptcy paperwork. For this, you need proof of income (pay stubs, etc.) for the past 60 to 180 days, your past two years of income tax returns (both federal and state) and recent statements for any financial accounts. In your Nevada bankruptcy paperwork, you'll need to list all of your possessions (assets) so any collect any supporting documents for your assets. You'll also need to list all of your debts (liabilities) with the proper amount and address. For this is can be very helpful to order a free copy of your credit report to ensure you are properly listing everything. Keep in mind that you'll be signing the paperwork under penalty of perjury that all of the information contained is true and accurate so you want to be as thorough as possible.
Take Credit Counseling
The next task is to complete one of two required credit counseling courses for your Nevada bankruptcy. The first course needs to be completed before filing bankruptcy in Boulder City, and you must do so with an approved agency for each course. Many agencies specialize in online or phone appointments. If you would rather attend the course in person, the closest option is Money Management, International, located twenty-six miles away in Las Vegas on South Jones Blvd. Be certain to put your certificate of completion in a safe place since you'll need to provide it to the Court when you file your case.
Complete the Bankruptcy Forms
The most time-consuming step is up next; filling out your bankruptcy paperwork. It will take some time so you may want to plan out a few sessions to work on it in pieces. This will require completing all of the federal bankruptcy forms as well as whichever local forms might apply to create a complete set of Nevada bankruptcy paperwork. If you want to fill out the forms directly you can find links to all of the forms along with an outline of the various forms you’ll need on the website of the Nevada Bankruptcy Court. Alternatively, you can answer a questionnaire on Upsolve which will populate your answers into the proper forms for your Boulder City bankruptcy which may save you some time and peace of mind.
Get Your Filing Fee
There is a $335 Court fee associated with filing Chapter 7 bankruptcy in Boulder City. The filing fee is due in full when you file your Nevada bankruptcy and needs to be paid in cash (exact change) or through certified funds (cashier’s check or money order.) If you can’t afford the filing fee and your income is less than 150% of the federal poverty guidelines you can apply to waive the fee. If the issue is having access to all of the money at one time you can also apply to pay the filing fee in installments. If you do go this route, make certain that it's paid in full within the timeframe (120 days from filing) and in four or fewer installments. It's important to plan your payment schedule because failure to complete the payments in time will result in the dismissal of your case.
Print Your Bankruptcy Forms
You'll need to print out hard copies of your Nevada bankruptcy paperwork to file it with the Court. Keep in mind that you'll need to bring two copies under local rules
but one will be returned to you after it's been received and time-stamped by the clerk. If you have access to a printer at home or work, make certain to print the forms single-sided as the Court will not accept double-sided paperwork for your Boulder City bankruptcy. If you don’t have access to a printer you can go to the Boulder City Public Library where they even offer mobile printing. Alternatively, you can go to your local Postnet for printing services.
Go to Court to File Your Forms
There are two locations for the Nevada Bankruptcy Court where you can file your Boulder City bankruptcy. The location in Las Vegas is the closest option to Boulder City, about a half-hour drive away. We do recommend that you file your Nevada bankruptcy petition in person in case any small corrections are needed. Barring federal holidays, the Court is open weekdays from 9 am to 4 pm. Remember to bring along your filing fee (or application to waive it or pay it in installments) and the certificate of completion from your first credit counseling course.
Mail Documents to Your Trustee
Mail documents to your trusteebankruptcy Trustee assigned to your case. You can find out their information on the Official Notice you receive in the mail which also lists your creditors’ meeting date. Your Trustee will require supporting documents from you before your Nevada bankruptcy meeting date, so you should get those in the mail, so they are received no later than seven days before your meeting date. Usually, the Trustee will send a letter detailing the specific documents they would like, but at a minimum, you should be prepared to provide your most recent tax return.
After you file your Boulder City bankruptcy there will be a bankruptcy Trustee assigned to your case. You can find out their information on the Official Notice you receive in the mail which also lists your creditors’ meeting date. Your Trustee will require supporting documents from you before your Nevada bankruptcy meeting date, so you should get those in the mail, so they are received no later than seven days before your meeting date. Usually, the Trustee will send a letter detailing the specific documents they would like, but at a minimum, you should be prepared to provide your most recent tax return.
Take Bankruptcy Course 2
There is a bit of a lull after filing your Boulder City bankruptcy case, which makes it a great time to check your second credit counseling course off your to do list. Just as with the first course, you'll need to complete it through an approved agency. The second course will have to be taken online or over the phone since none of the approved agencies have an in-person option. After completing the second and final Nevada bankruptcy credit counseling course you'll receive a certificate of completion that needs to be filed with the Court. It's possible that the agency will file it on your behalf but it's more likely that you'll need to do so yourself.
Attend Your 341 Meeting
The next, and likely final, step in your Nevada bankruptcy is to attend your 341 Meeting of Creditors. This meeting will take place in front of your bankruptcy Trustee. The reason for the hearing is to allow your Trustee an opportunity to verify, in person, the information you listed in your Boulder City bankruptcy paperwork. As such, you'll be sworn in, so be certain to bring along proper proof of identification and social security number, otherwise the hearing can’t be held. The Trustee will confirm the information in your paperwork and your supporting documents in a proceeding that generally lasts for between ten and fifteen minutes. Despite the brevity of the meeting, being nervous is not uncommon, so we do recommend some preparation to know what to expect. At the end, once your Trustee concludes the meeting, there is nothing further for you to do other than wait to receive your official notice of discharge, which will signify the moment that you officially walk away from your debt and begin your fresh start.
Dealing with Your Car
Filing bankruptcy in Boulder City may impact your car. If you are not current on payments at the time you file Chapter 7 bankruptcy in Boulder City, you'll need to surrender the car because there is no mechanism to catch up on missed payments in Chapter 7. The benefit of surrendering your car during bankruptcy is that you can walk away from the obligation to continue making payments as well as any missed payments, late fees, or interest charges that have piled up before filing bankruptcy in Boulder City. If you are current on car payments and want to keep the car, chances are your lender will ask you to sign a reaffirmation agreement to set in place a new agreement for you to continue making payments. You'll also need to make sure that you can protect the equity in the car through bankruptcy exemptions, discussed further below. If those conditions are met, you'll be able to keep your car.
Nevada Bankruptcy Means Test, Bankruptcy Forms, and Exemptions for Boulder City
Nevada Means Test
You'll need to qualify to file Chapter 7 bankruptcy in Boulder City through the Means Test. You can pass the Nevada bankruptcy Means Test in either one of two ways. First, you can qualify through income, so long as your current monthly income is less than the median income for your size family in Nevada. Second, you can complete the more extensive calculation to show that at the end of the month, after paying your reasonable expenses, there is little to no money remaining.
Median Income Levels for Nevada
Nevada Median Income Standards for Means Test for Cases Filed On or After May 1, 2020
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Poverty Levels for Nevada
Nevada Fee Waiver Eligibility for Cases Filed On or After May 1, 2020
Eligible for fee waiver when under 150% the poverty level.
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Nevada Bankruptcy Forms
Your Nevada bankruptcy forms are comprised of all of the federal bankruptcy forms as well as any relevant local forms. To properly file your Boulder City bankruptcy make certain to follow the format for the local Creditor Matrix.
Exemptions in bankruptcy allow you to protect your personal property, up to varying dollar amounts. When filing bankruptcy in Boulder City you are restricted to only using the Nevada bankruptcy exemptions in your case.