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Nevada Bankruptcy Records

Filing for Bankruptcy in Nevada

Bankruptcy in Nevada is a legal process available to individuals, organizations, and other entities who cannot repay their debts. Bankruptcy is a federal process as established in the United States Code, Title 11. Therefore, the United States Bankruptcy Court handles all Nevada and other states’ bankruptcy cases. The United States Code, Title 11 is also known as the Bankruptcy Code. Filing for bankruptcy allows debtors to seek total or partial relief from their debts. It also provides a fresh start or an opportunity to restructure depending on the type of bankruptcy filed.

Interested individuals, organizations, or entities filing for bankruptcy in Nevada are to complete a credit counseling session first. After that, the credit counseling certificate is submitted with the bankruptcy petition. Debtors who reside in Nevada can file for bankruptcy in any of the courts under the districts. Bankruptcy courts in the District of Nevada are located in Las Vegas and Reno.

Las Vegas
Foley Federal Building and United States Courthouse
300 Las Vegas Blvd South
Las Vegas, NV 89101
Phone: (702) 527-7000
Office Hours: 9:00 a.m. to 4:00 p.m. Monday through Friday (excluding Federal holidays).

Reno
C. Clifton Young Federal Building and United States Courthouse
300 Booth Street
Reno, NV 89509
Phone: (775) 326-2100
Office Hours: 9:00 a.m. to 4:00 p.m. Monday through Friday (excluding Federal holidays).

Bankruptcy records in Nevada are public records and available upon request. However, some records may be regarded as confidential, thereby restricted from public view. Information in a bankruptcy record often include:

  • Name of the debtor
  • The amount of debt owed.
  • The debtor’s source of income.
  • The debtor’s gross income and its frequency.
  • A comprehensive list of the debtor’s properties and assets.
  • Names of creditors and the nature of claims.A comprehensive list of the debtor’s monthly spendings.
  • Details of assigned trustees (if any)
  • Copies of the credit counseling certificate.

State vs Federal Courts

The judicial system of Nevada has no jurisdiction over bankruptcy proceedings. Federal Bankruptcy Courts are governed by Title 11, administering the Federal Rules of Bankruptcy. The United States District of Nevada Bankruptcy Court handles bankruptcy proceedings.

Obtaining Records

Bankruptcy court records are available at both the clerk of the court office and online. Parties can request by mail, telephone, in-person, or using the web-based Public Access to Court Electronic Records known as the PACER. The availability of these records is not restricted to the official website. The records are also available on Third-party websites because of the Federal Law position on public viewing and accessing bankruptcy records.

What Do Nevada Bankruptcy Records Contain?

Information to be found in Nevada Bankruptcy records would include all information relevant to that petition. A requester should expect to have the following information:

  • The debtor(s) name(s)
  • The date the petition was filed
  • Chapter filed under
  • Attorney for the debtor (if represented)
  • Trustee appointed
  • Date and time of pending Creditors Meeting [Section 341)
  • Date of discharge
  • Date of case closing
  • General case status

Are Bankruptcy Records Public Information?

Yes, by the provisions of 11 U.S.C. Section 107(1) Nevada bankruptcy records are public information accessible by the general public. An exception to it being public information is if the requested information has been sealed or redacted as provided in 11 U.S.C. Section 112. A redacted record is the information concealed for privacy reasons. The Federal Rules of Bankruptcy Procedure 9037 allow for the redaction of personal data such as:

  • Social security
  • Tax identification numbers
  • Birthdates
  • Names of non-debtor minors
  • Financial account numbers

Records are sealed when the information may cause undue risk of identity theft to the subject of the record, or any other unlawful injury.

Record seekers looking for an alternative to government sources may obtain bankruptcy records from third-party websites. These non-governmental websites often come with tools that help simplify the search for single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain bankruptcy case information using third-party sites, record seekers may need to provide:

  • A complete name of the debtor involved in the record
  • A bankruptcy case number

How to Get Nevada Bankruptcy Records

Nevada bankruptcy records are available using the web-based system Public Access to Court Electronic Records (PACER) that allows its users to access Nevada bankruptcy records that date back to the beginning of 1989. This service is available 24/7 on the internet. To view, download and print the desired record, the requester must register an account on PACER. After registration, the user may then access PACER or Case Management/Electronic Case Files (CM/ECF) for Nevada by logging into the District of Nevada PACER. To conduct a nationwide search, use the PACER case locator. Documents cost 10 cents per page, and image documents cost $3, except for transcripts. Digital audio files are $2.40. A requester can be exempted from these fees by going through the guidelines to see if they can be exempted. If the guidelines are met, send the completed download request for exemption from PACER fees- Motion to:

Administrative Specialist
United States Bankruptcy Court
300 Las Vegas Boulevard South
Las Vegas, NV 89101

Alternatively, requesters can make use of the public terminal access at the courthouses from 9:00 a.m. to 4:00 p.m. on Monday through Friday at:

For Las Vegas Cases
United States Bankruptcy Court
District of Nevada
300 Las Vegas Blvd. South
Las Vegas, NV 89101

For Reno Cases
United States Bankruptcy Court
District of Nevada
300 Booth Street
Reno, NV 89509

Searches for electronic records using the public terminal are not charged. However, printing such records attracts a 10 cent charge. Only checks, money orders, or a personal check made payable to the U.S. Bankruptcy Court are allowed because cash is not allowed. Personal checks are not accepted from debtors or debtors in possession unless their case is closed.

The Clerk's office makes available bankruptcy records on request when visiting the courthouse at the address provided above from 9:00 a.m. to 4:00 p.m. on Monday through Friday. It cost 50 cents per page and $11 per certified document. Alternatively, search for records filed after 2002 electronically using the computer terminals in the Clerk's office. It cost 10 cents to print using the computer terminals. A check, money order, or a personal check made payable to the U.S. Bankruptcy Court is required.

Requesters can request uncertified and certified copies of Nevada bankruptcy records via mail. What is required is a written request containing the following information:

  • The case number
  • The debtor's name
  • The precise document to be copied/certified.

Search costs $32 plus $11 per certified copy and 50 cents per page. For uncertified copies, no certification fee is charged. Parties should send the written request in a self-addressed envelope with a check, money order, or a personal check made payable to the U.S. Bankruptcy Court to the address provided above.

Nevada bankruptcy cases filed before 2002 are available at the Federal Records Center of the National Archives and Records Administration (NARA). The requester is expected to have the following information before contacting the Federal Records Center:

  • Where the court is located
  • Case file name(s) and number
  • Transfer/ accession number
  • Agency box number
  • NARA location number

If this information is not available, the requester should call the helpdesk at (866) 232-1266. Parties can request these bankruptcy records by sending the completed order for copies of bankruptcy cases form via Fax: (951) 956-029, email (Las Vegas office and the Reno office), or by mailing to:

Las Vegas Closed Case Files
Riverside Federal Records Center
National Archives and Records Administration
Pacific Region
23123 Cajalco Road
Perris, CA 92570

Reno Closed Case Files
San Francisco Federal Records Center
National Archives and Records Administration
Pacific Region
1000 Commodore Drive
San Bruno, CA 94066-2350

The use of the Voice Case Information Systems (VCIS) gives access to bankruptcy records from 1996 to the present for free on a phone call. The requester should dial (866) 222-8029.

How Do I Find Out if My Bankruptcy Case is Closed in Nevada?

A case closes once the judge in charge gives a final order or judgment. It should be noted that the order made might be because the debtor failed to handle the petition diligently. Parties can find a bankruptcy case's status by contacting the Clerk's office or the court-appointed trustee. Another platform available is PACER and the VCIS, which allows its user to check the case's status as either ongoing or closed.

Can a Bankruptcy Be Expunged in Nevada?

Per 11 U.S.C. § 105, the bankruptcy court can make an order, process, or judgment necessary to get justice in a bankruptcy case. Usually, expungement is used when erasing from an official record in the criminal court.

As bankruptcy records are public records, 11 U.S.C. § 107 gives the court the power to redact records containing sensitive information and information that can be classed as scandalous or defamatory. Local rule 9037 allows that documents identified as having personal data identifiers can be redacted by filing the Notice of Redaction alongside the redacted document as an attachment to the court-provided address above.

What is the Downside of Filing for Bankruptcy in Nevada?

One common downside of filing for bankruptcy in Nevada is that the process is not free. Debtors are required to pay filing fees. These fees differ depending on the type of bankruptcy filed. Regardless of the chapter filed, other disadvantages of filing for bankruptcy in Nevada include:

  • Difficulties in getting new loans later in the future
  • Difficulties in getting a new job.
  • It affects the debtor’s credit score.
  • It does not erase all the debts owed. Debts such as alimony, child support, student loans, penalty payments, tax debts are not excluded.
  • It causes debtors to pay higher interest rates on new loans.

Despite that, there are some benefits to filing for bankruptcy in Nevada. Such benefits may include:

  • Protection of the debtor from the creditor’s harassment and other legal actions
  • Protection of the debtor assets and properties from creditors.
  • Opportunity for a fresh start for debtors whose debts have been discharged.
  • It provides debtors access to financial counseling.

What is Chapter 11 Bankruptcy in Nevada?

Chapter 11 bankruptcy in Nevada is a form of bankruptcy that allows organizations to remain in control of their assets and properties instead of liquidating. Debtors filing for this type of bankruptcy are to create a repayment plan that is accepted by all creditors. Chapter 11 bankruptcy is also called a reorganization bankruptcy. A debtor is expected to make installments over a certain period after the repayment plan has been agreed by the creditors and approved by the court. Chapter 11 also allows debtors to take new loans to run their businesses.

Often than not, Chapter 11 is available to organizations who wish to file for bankruptcy in Nevada without shutting down. Although, it is also available to individuals who are unable to meet the requirements of other bankruptcy chapters. There are two types of petitions to note when filing for Chapter 11. That is the voluntary and involuntary petition. A voluntary petition is a type whereby the debtor is responsible for filing the petition, while an involuntary petition is a situation when a creditor files the petition. Chapter 11 bankruptcy lasts up to 10 years on a debtor’s credit report.

What is Chapter 7 Bankruptcy in Nevada?

Chapter 7 bankruptcy in Nevada is the type of bankruptcy that allows debtors to liquidate their properties and assets to pay off their debts. These are usually properties and assets not covered by exemptions. Chapter 7 bankruptcy is also called liquidation bankruptcy. Unlike other types of bankruptcies, Chapter 7 does not provide an option to create a repayment plan. The bankruptcy court in the District of Nevada designates a trustee to handle the sales of a debtor’s assets and properties. The trustee is also responsible for the distribution of the proceeds gotten from sales to the creditors.

Chapter 7 bankruptcy in Nevada is available to individuals, partnerships, and organizations. To confirm their eligibility status or not, interested parties must pass the Mean Test. The test considers the debtor’s expenses, secured and unsecured debts, family size, and income compared to the state’s median income. Debtors with income below Nevada’s median income can file for Chapter 7 bankruptcy.

Under Chapter 7, debtors with discharged debts have an opportunity for a new beginning. Examples of such dischargeable debts include automobile loans, medical bills, mortgage loans, personal loans, and income tax debts. Although, court fees and penalties, student loans, personal injury debts are examples of debt that may not be discharged.

What is Chapter 13 Bankruptcy in Nevada?

Chapter 13 bankruptcy in Nevada, similar to Chapter 11, is available to debtors who wish to develop a repayment plan rather than liquidate their assets and properties. Although, only individuals with regular incomes are eligible. Therefore, Chapter 13 bankruptcy is also called a Wage Earner Plan. Interested individuals who wish to file under this chapter are allowed to pay installments over 3 to 5 years. They also retain possession and control of their properties and assets.

Like most other types of bankruptcies, Chapter 13 protects a debtor from the creditor. Also, the bankruptcy court in the District of Nevada assigns a trustee to the bankruptcy. The debtor pays installments to the trustee who is responsible for distributing them to the creditors. Under Chapter 13, co-signers to debt may be protected from the burden of repaying debts. Debtors may have the bankruptcy report in their credit record for up to 7 years.

Under Chapter 13, debtors can discharge certain debts while others are not. They are required to make payment plans to settle such debts. Interested persons who wish to file for Chapter 13 must not have unsecured debts of more than $250,000 and secured debts of more than $750,000. The amount limits are in line with the United States Bankruptcy Code, 11 U.S.C. § 109(e). It is crucial to state that the unsecured and secured debts amount are set with the consumer price index. They are not static.

What is the Difference Between Chapter 7 and Chapter 13 Bankruptcy in Nevada?

There are many differences between Chapter 7 and Chapter 13 bankruptcy in Nevada. Some of which include the following:

  • In Chapter 7, a trustee handles the repayment process to the creditor using proceeds from the debtor’s properties and assets, while debtors in Chapter must develop a repayment plan to pay off debts
  • Under Chapter 7, there are no limits to the debts a debtor can file. However, there is a limit to the secured and unsecured debts a debtor can owe.
  • Under Chapter 7, debtors are likely to lose their assets and properties not covered by exemptions. Chapter 13 allows debtors to retain possession of their assets and properties.
  • Individuals, organizations, and other entities are eligible to file for Chapter 7 bankruptcy. On the other hand, only individuals with stable income are eligible to file for Chapter 13.
  • Under Chapter 7, the repayment plan is often straightforward because it requires the liquidation of the debtor’s properties. Chapter 13 is not straightforward because it requires 3 to 5 years to complete.

What is Bankruptcy Protection in Nevada?

Bankruptcy protection in Nevada is a legal process that stops all collection and legal activities against a debtor. The process prevents creditors from taking over a debtor's properties and assets. This process is also referred to as automatic stay. The automatic stay is immediately enforced when a debtor files for bankruptcy in Nevada. The bankruptcy court in the District of Nevada then issues a notice of automatic stay to creditors. That is, creditors are prevented from contacting the debtor. Foreclosure, lawsuits, repossessions, and other legal actions are on hold.

What are Nevada Bankruptcy Exemptions?

Nevada bankruptcy exemptions are laws put in place to protect the properties and assets of a debtor. Interested parties who wish to file for bankruptcy in Nevada must use the state’s exemption laws. Nevada does not allow the use of Federal exemptions laws. However, interested parties filing for bankruptcy in Nevada are expected to have been residents in the state for 730 days or more. Parties who do not meet this criterion are expected to use the law of the state they resided before Nevada. Some of the Nevada bankruptcy exemptions include:

  • Homestead Exemption: The state law protects up to $605,000 in equity in a home or mobile home. Individuals who wish to use the exemption must have recorded a homestead declaration with the county recorder's office before filing for bankruptcy. The Nevada homestead exemption is one of the few exemptions that couples cannot double.
  • Personal Property Exemption: Debtors filing for bankruptcy are allowed to exempt personal properties such as art, books, jewelry, musical instruments, burial plot funds, electronics, clothing, health aids, 1 gun, furniture, appliances, etc. Couples in Nevada can double this type of exemption.
  • Motor Vehicle Exemption: Debtors can protect up to $15,000 in equity for a motor vehicle. However, there is no limit to the exemptions if the car is equipped for a person with a disability.
  • Public Benefit Exemption: Some of the public benefits covered by the Nevada bankruptcy exemptions include aid to the blind, aid to the aged, aid to the disabled, public assistance, worker's compensation (for industrial insurance), social security benefits, public assistance for children, vocational rehabilitation benefits, unemployment compensation, etc.
  • Wages and Income Exemption: Debtors in Nevada can protect up to 75% of their wages or 50 times the federal minimum wage, depending on whichever is more.
  • Wildcard Exemption: Debtors can protect up to $10,000 of any personal property by using Nevada’s wildcard exemption.

What are the Other Types of Bankruptcy in Nevada?

Chapter 9, Chapter 12, and Chapter 15 are other types of bankruptcy in Nevada that debtors can file depending on their eligibility status.

  • Chapter 9 bankruptcy: This is a type of bankruptcy that provides debtors with an option to reorganize their debts. It is similar to the other reorganization bankruptcies that allow debtors to develop repayment plans within a certain period. However, Chapter 9 bankruptcy is only available to municipalities. Some of which include cities, counties, towns, villages, schools districts, municipal utilities, taxing districts, etc. Individuals, businesses, or states cannot file for Chapter 9. Debtors who are eligible to file for Chapter 9 can negotiate lower interest rates or principal, take new loans, and ask for maturity date extensions.
  • Chapter 12 bankruptcy: This is a type of bankruptcy in Nevada designed to assist family farmers and family fishermen in debt. To be eligible, they must have a regular source of income. Eligible individuals under Chapter 12 bankruptcy can create a repayment plan to settle their debts rather than liquidate their assets and properties. This allows them to remain in business and control their assets and properties. A repayment plan can be between 3 to 5 years depending on the amount of debt owed.
  • Chapter 15 bankruptcy: Chapter 15 bankruptcy allows foreign individuals and organizations to file bankruptcy petitions in the United States. Foreign debtors with multiple properties and assets across different - including the United States - are eligible under Chapter 15. The bankruptcy chapter was added to the Bankruptcy Code in 2005 with the primary objective of fostering relationships between the United States Courts and other foreign courts.