How Long Does Bankruptcy Take in Nevada?



Hi Matt McArthur, attorney at Clear Counsel Law Group.

Today I want to address a common question that we get on a regular basis which is:

How long is the bankruptcy going to take? How long until I can get relief from my creditors?

How Long It Takes to Get Relief From Creditors

First you should know that relief is going to go into effect immediately upon the filing of your case.

There's something called the automatic stay, which is like a collection freeze that will stop wage garnishment, collection calls, vehicle repossessions, and home foreclosures.

In most cases we can get a case file of almost immediately, so that protection will go into place very quickly.

Once you have filed your case, it depends which kind of bankruptcy you have filed, to determine how long it's going to take to get to the end until you're done.


how long nevada bankruptcy


For a Chapter 7 bankruptcy, which is the most common type of bankruptcy, it typically takes about three months.

At the end of the three month time period, we would expect you to receive a discharge which is essentially the final order that wiped out the debt and in most cases, that signals the end of the bankruptcy case.

How Long a Bankruptcy Takes Will Depend Upon Which Chapter You File Under

For a Chapter 13 bankruptcy, it can take anywhere from 3-5 years and as you may know, Chapter 13 bankruptcy is a payment plan involving monthly payments made to the bankruptcy court.

Exactly how long the Chapter 13 is going to last in your particular situation, I would need to sit down and meet with you and review your financial information and I would love to give you that advice in person so please if you're at all concerned about how long a bankruptcy is going to last, what type of bankruptcy is best for you, and if you're considering a Chapter 13 how long that would last, please come in and meet with me, Matt McArthur.

I'm an experienced bankruptcy attorney here at Clear Counsel Law Group and I look forward to hearing from you soon.


Will a Chapter 7 Bankruptcy Help You With Tax Debt?


Bankruptcy May Help You with Tax Debt


Hi, Matt McArthur, attorney at Clear Counsel Law Group. Today we're going to be discussing whether or not chapter 7 is a useful mechanism for helping you get rid of IRS tax debt.

The simple answer is that yes, chapter 7 can get rid of tax debt.

It's generally thought that tax debt is untouchable but in some circumstances bankruptcy can actually help you eliminate that type of debt.

Now, there are several requirements that must be met in order for that debt to be considered dischargeable, meaning that the debt can be wiped out in your bankruptcy.

The first requirement is that it must be for a tax debt that was due and owing more than 3 years ago.


A Tax Debt Example

For example, if you owe for the tax of your 2012 and you filed your taxes April 15, 2013 the following year you would have to count forward 3 years from April 15, 2013 to determine whether or not you satisfy that 3 year requirement.

tax debt


The next requirement is that you have to have filed a tax return, the IRS cannot file a substitute return for you and you still be able to meet this requirement.

And you have to have filed at least 2 years before you filed bankruptcy.

The next requirement that you must meet is that there cannot have been any reassessments of the tax debts within the last 240 days.

An example of this would be where the IRS discovers some piece of information or some modified piece of information related to your income or your tax obligations for that particular tax year.

If they go in and recalculate the numbers that's considered a reassessment.

If you meet all of those requirements though, older than 3 years, filed your tax return more than 2 years before you filed bankruptcy and there's been no reassessments regarding that tax debt for that tax year in the last 240 days you may be eligible to discharge this tax debt in a chapter 7 bankruptcy.

Now this is a very complicated issue, you're probably going to want the help of a professional to help you navigate these issues.

Please come in and do a consultation with me, I'll be happy to discuss your particular situation and I look forward to hearing from you soon.


It Is Necessary to Disclose All of Your Assets in Bankruptcy

The Need to Disclose All of Your Assets in Bankruptcy


Hi, Matt McArthur, bankruptcy attorney at Clear Counsel Law Group.

Today, I want to talk to you a little bit about disclosing or informing the court about all of your assets and what could potentially happen if you don't tell the court about everything that you own. We know that the bankruptcy process involves a detailed accounting of everything that you own and how much that property is worth.

When you submit that information to the court, you're doing so under the penalty of perjury. It's as though you are sworn in under oath in the court, raising your right hand and swearing to tell the truth, the whole truth, and nothing but the truth.

It's exactly that same level of gravity when you're submitting this information in your documents to the court.




Why You Must Disclose

If you intentionally omit or intentionally leave out, or hide a certain type of asset because you're worried about the court taking it from you and the court discovers that you have intentionally lied to them, this is a federal offense, it is committing perjury. Which can carry criminal penalties and it's something that you definitely want to avoid.

There is no sense in playing any games with taking any kind of risk with getting in trouble criminally. Moreover, if you come in and speak with an experienced bankruptcy attorney and disclose all of your assets to your attorney, they'll be able to help you plan for the protection of these assets. They'll let you know exactly what exemptions exist.

Disclose Because There are Exemptions!

I was speaking with a friend just recently about one of the exemptions in Nevada that not many people think of and it's of a gun. If you have a gun, one gun, we can protect up to unlimited value. It can be a very expensive gun and it's protected.

There's all kinds of oddball exemptions that you may not really think of. There's also what we call a wild card exemption, something that we can apply to any personal property.

Please come in.

If you're worried about keeping your assets, if you're worried about whether or not to tell the court about something that you own in bankruptcy, please come and speak with me. Matt McArthur, I'm an experienced bankruptcy attorney.

I have a lot of experience looking through people's assets, determining how much we'd be able to protect, and what we wouldn't be able to protect.

Getting that information is free.

Losing that property could be a very painful process if you don't properly prepare for filing your bankruptcy by meeting with someone like me.

Please come in and see me.

We'll talk about filing your bankruptcy and protecting your stuff so that the court doesn't take it and give it to your creditors.

Hope to hear from you soon.


An Update Regarding Short Sales and Bankruptcy



What Are Short Sales?


Hello, Matt McArthur, bankruptcy attorney here at Clear Counsel Law Group. A couple of years ago, we used to see a lot of short sales occurring here in the state of Nevada.

It was a very popular way of avoiding a foreclosure and getting out from under a mortgage that was attached to a house you were living in that you could no longer afford.

What a short sale essentially is shorting the bank, the money that they're owed. It doesn't refer to the time frame involved in getting these sales to go through.

They are ironically called short sales, but they tend to take much longer than a traditional sale of a home.

These short sales, they require bank approval. The bank is voluntarily agreeing to accept less than the full amount that they're owed on your mortgage.

Doing that in a bankruptcy adds another level of complication to the short sale process.


Are Short Sales Possible With a Chapter 13 Bankruptcy?

One of the questions that we've received recently is can I do a short sale if I'm in the middle of a Chapter 13 bankruptcy? The answer is yes, you can. It is possible. We do see this quite a bit, especially we saw it quite a bit a couple of years ago when people were rapidly trying to get out of these houses that were underwater.

The things that we need to make sure that we have in place in order to be able to carry out a short sale in the bankruptcy process are:

  1. Bank approval just like you would need outside of the bankruptcy court process.
  2. You also need to get the court to approve the short sale terms.

Usually the court is going look at things like did the bank provide approval?

Did the bank waive any deficiency that would associated with the sale? When we're talking about a deficiency, that's the difference between what is owed on the house and what the house actually sold for.


short sales


Since the house is selling for less than what's usually owed, there's usually a significant amount of money there that the bank would normally be entitled to under normal contract terms.

In most cases in a short sale, the banks will agree to waive this deficiency saying that they aren't going to pursue it. They're not going to try and collect and harass you get paid on this. That's one of the things that the court will look at.

These things are typically routinely granted by the court if those things are in place.

If you are underwater in a house, if you're thinking about a short sale, if you're thinking about a bankruptcy, if you're looking at a possible foreclosure, please come and see me. My name is Matt McArthur.

I used to work for the banks.

I have a lot of experience helping individuals in distressed properties at this point. I would love to be able to help you with my unique background, having worked on both sides of this issue.

Please come and see me, Matt McArthur, your bankruptcy attorney.

Hope to hear from you soon.

What If You Miss a Payment on Your Chapter 13 Bankruptcy Plan?


Missing a Chapter 13 Bankruptcy Payment


Hi, Matt McArthur, bankruptcy attorney, from Clear Counsel here again to talk with you about our latest bankruptcy inquiry that we've received, and today's question is whether or not missing a chapter 13 plan payment is detrimental to your case and what should you do if you can't make a payment?


I Am Your Lawyer; I Don't Represent Anyone's Interest Other Than Yours

First off, let me start out by saying that when you come and retain Clear Counsel Law. When you come and retain me as your bankruptcy attorney, I work for you. I am on your side, and it's extremely important that you tell me about all of the information related to your financial situation, both before you file your chapter 13 case and during your chapter 13 case.

This is going to be a long process of several years, we're going to be working closely together, so it's important that you keep me in the loop so that I can best help you.


Is a Missed Payment the End of the World?

Now, to the question, what happens when you miss a payment. Now, generally speaking, the court's going to require that you make all of those monthly payments in order to be able to confirm a plan and eventually obtain a discharge, and if you don't make those payments, it could potentially be grounds for dismissing your case.

It is a very serious situation, but it may not be fatal, and the sooner you can get your attorney in the loop and get me involved in addressing the issue, the better I'll be able to help you save the plan.

There's a couple different things that might be in play. If you've had a reduction in income, we may be entitled to lower your monthly plan payments, and we might be able to make it a more affordable prospect for you to make those payments going forward.

Another thing that we might be able to do is to roll in the missed payments into the future payments, so we take the missed amount, we spread it out over the remaining months that you still have payments, and that's going to bump up the monthly payments a little bit but it is a way in which you can catch up over time the amount that's been missed.


Don't Hide a Missed Payment From Your Lawyer

The long story short, though, is that the longer you wait to get your attorney involved in this process, the harder it's going to be to fix and to propose something that's going to be affordable to you. If you're serious about saving a chapter 13 plan, please contact your attorney as soon as possible.

If you're my client, please come in and help me help you. The more information that I have, the better I'll be able to represent you. I work for you again, I'm not working for the court, I'm not on the other side, I am on your side.


payment, chapter 13 bankruptcy


Please come in and talk with me if you're thinking about filing a chapter 13 bankruptcy and keep in mind that if you were to miss a payment throughout the process, it's not fatal, it's something we can address, you've just got to keep me in the loop.

I look forward to hearing from you soon about filing your chapter 13 case.

My name's Matt McArthur and I'll talk to you soon.


Your Inheritance & Chapter 13 Bankruptcy




Hi. Matt MacArthur, bankruptcy attorney at Clear Counsel Law Group.

Our office recently received an e-mail inquiry, asking the question about whether or not they would be able to keep an inheritance, that they were looking at receiving unexpectedly, while they were in the middle of a Chapter 13 Bankruptcy.


The General Rule Regarding an Inheritance

The general rule in Chapter 13 Bankruptcies is that disposable income of the person that person that's filing for bankruptcy, needs to be made available to pay back the creditors. In other words, if you have enough money to pay back your creditors, you need to pay everything that you can.

If you're at the point, where you're paying them back in full, then that is sufficient. You don't have to pay more than what you owe, going in.

This individual's inheritance was quite substantial. The question that they were faced with was, are they going to lose the whole thing? Are they going to lose part of it? Or is there any way to stop the bankruptcy from taking any of it at all?

To first address this question, it's important to keep in mind that in a Chapter 13 Bankruptcy, an individual has the right to dismiss their case at any time.

One of the first things that I would advise this person, is that if the amount of the inheritance is too a level where it no longer makes sense to stay in your bankruptcy and continue on the Chapter 13 plan, than you should dismiss your case, stop the bankruptcy process.

You'll be able to keep the whole inheritance and then you can deal with your creditors, that haven't been paid yet, on your own, outside of the bankruptcy court process.


inheritance, chapter 13 bankruptcy


Whether they would be able to keep the inheritance as part of their bankruptcy if they continue on the path, depends on a number of factors. It depends whether creditors are on track to receive a full payment during the life of the bankruptcy plan. Or if they're not on track to receive a full payment, based upon what the normal, proposed monthly payment plan provide for.

Whether or not the inheritance is sufficient to pay off the remaining amount owed to the creditors or not.

There's a number of factors that need to be considered.


Given the Complications With Inheritance, I Offer a Free Consultation

This can be a very complicated, technical situation to parse through and if you're in a Chapter 13, if you're looking to receive an inheritance, please come and see the Clear Counsel Law Group.

We not only have very excellent bankruptcy attorneys on staff here, we have a top notch estate planning and probate department, that can help you weed through the issues of receiving an inheritance and how that inner-plays with the bankruptcy process at a level that you may not be able to receive in other law offices.

My name is Matt MacArthur. Please come and see me, if you're considering bankruptcy, if you're looking to receive an inheritance, if you're at all concerned about any of these issues, I'd love to sit down and meet with you. The consultations are free, so you have no excuse not to come in.

Hope to hear from you soon.


Will Bankruptcy Assist You With Back Taxes?




Hi, Matt McArthur, bankruptcy attorney at Clear Counsel Law Group. Today, we’re going to be talking about back taxes and your ability to get rid of those taxes through the filing of a bankruptcy case.

Now, just generally speaking, it is possible in some circumstances to get rid of taxes by filing a bankruptcy case. Generally speaking, to make the taxes dischargeable, taxes need to be older than three years.

You have to have filed a tax return for that tax year more than two years before filing your bankruptcy case, and there cannot have been any reassessments in the last 240 days.

In other words, the IRS can't obtain any new information where they go in and recalculate the tax liability.


A Back Taxes Horror Story

There's a specific story that I really want to tell right now about a guy that I met with recently, and he was pretty wealthy but boy, was he in a mess in terms of the amount of taxes that he owed. He made a very healthy living and he came in after having done a consultation with a tax attorney, but his meeting with the tax attorney didn't quite sit right with him.

It felt like he needed more information, so he decided to come and meet with a bankruptcy attorney, and I was glad to sit down with him, had a free consultation and help him out in terms of providing him advice for his specific situation.

Now, he had indeed received some bad advice from his tax attorney. His tax attorney, because the tax debt was not quite three years old, and as we just discussed, that's a requirement to be able to discharge it in a bankruptcy, because this tax debt wasn't quite three years old, the tax attorney proposed filing an offer and compromise, think of it like a settlement offer with the IRS, to essentially keep the IRS off his back until three years had passed, and he could theoretically file for bankruptcy and then discharge the debt at that time.

Unfortunately, what the tax attorney didn't quite understand about bankruptcy law is the three-year requirement when discharging taxes, there's a specific part of this law that says that if you file a bankruptcy or you file an offer and compromise, it's essentially like pushing the Pause button on the running of the clock.


back taxes


Why You Specifically Need a Bankruptcy Lawyer

By the filing of this offer and compromise with the IRS, by negotiating with the IRS in this manner, it pushed Pause on the clock and the three years isn't going to come to fruition unless he's outside of this offer and compromise scenario.

The strategy to get to that three-year period, to be able to satisfy this requirement, isn't going to work by submitting an offer and compromise to the IRS.

The second big mistake that wasn't considered by the tax attorney in this situation was this individual made a very healthy living, and based upon his income levels, he almost certainly would not have qualified for Chapter 7 bankruptcy due to the means test, which means he'd be looking at filing a Chapter 13 bankruptcy.

In the Chapter 13 bankruptcy scenario, his plan payments would be based in part upon his income levels, and his income was at such a level to where he would probably have to pay back all types of creditors.

Even if assuming that we could get to that three-year requirement and then file for bankruptcy, he'd have to file a Chapter 13 bankruptcy, but the three-year requirement would make the taxes change in the type of debt that they're classified as.

Where they were once a priority debt that would have to be paid back within the Chapter 13 plan, they would now be considered a general unsecured creditor similar to a credit card or medical debt, but even the unsecured creditors in this individual's Chapter 13 plan would likely receive payment in full during the course of the bankruptcy.

Waiting the three years does him no good. Filing for bankruptcy, he's going to pay them back in full one way or the other, and so really he received two pieces of bad advice by meeting with an individual, even an attorney who was well versed in tax law but didn't quite fully grasp how the taxes and the tax liability would apply in a bankruptcy situation.


Each of These Cases Are Very Fact-Specific; Please Come in for the Free Consultation

It's a very fact-specific analysis that needs to be gone through, and what I would strongly recommend is if you have any back tax issues, please come and speak with a debt expert, somebody who is experienced in dealing with these types of issues inside the bankruptcy process.

You have no reason not to come in and get a free consultation and get the information to be fully informed, and to make the best decision possible for you.

Again, my name's Matt McArthur, Clear Counsel Law Group. I look forward to hearing from you soon if you're facing any of these types of issues.


Disclose All of Your Creditors to Your Bankruptcy Lawyer





Hi. Matt McArthur, bankruptcy attorney at Clear Counsel Law Group. Today, we're going to be talking about creditors, and the need to disclose, or list, or inform, or give notice to creditors in the bankruptcy context. First, I want to start today's discussion by discussing a little bit about attorney-client confidentiality.


As Your Lawyer, Your Communications With Me Regarding Creditors is Confidential

There's been some issues with clients not being entirely comfortable telling their attorney all of the facts, or giving your attorney all of the information. Please, be rest assured, that I am on your side as your attorney, and in order to be able to help you to the fullest extent of the law, I need all the information.

If I don't have all the information, it limits my ability to help you, and move forward, and improve your financial situation.

Aside from the fact that I'm on your team, and you want your attorney to have all the information to be able to best help you, there's a couple of practical reasons why you want to disclose all of your creditors to your attorney, and to the bankruptcy court.


You Are Legally Required to Disclose All of Your Creditors

First and foremost, the law requires it. When you file your bankruptcy case, you will compile a list of all of your creditors, with all of their addresses, the amounts owed, account information, other identifying features of the loan, or the debt, that will give the court notice of who you owe the money to. The court will also send out a notice to all of your creditors, informing them of the bankruptcy.

When we submit these documents, with this list of creditors, we're submitting it under the penalty of perjury.




That's the same type of penalty that would apply when you are testifying under oath in court. If you don't tell the truth, and you're intentionally misleading the court, that can result in subjecting you to potential federal criminal liability that carry criminal penalties, and that is the last thing that we want.

It's very important to make sure that if you know about a creditor, that you're including them in your bankruptcy documents, and including them in the process.


A Practical Reason to Disclose All of Your Creditors

Aside from that, there's an additional reason that you would want to include all your creditors, and it's to make sure that they get off your case. We don't want them bugging you, and harassing you, and sending out the notice of bankruptcy will put them on notice that hey, this person is filing for bankruptcy.

They're untouchable right now. Once you receive that discharge, you'll remain untouchable, assuming that that debt has been discharged my something called the discharge injunction, which prevents them from contacting you or trying to collect on this debt after the successful completion of your bankruptcy case.

Leaving creditors out is not a good idea, because one, it's against the law, and it can subject you to criminal penalties, and two, from a practical standpoint, it's not going to help you fully improve your financial situation, so please, when you're consulting with me as your attorney, please tell me about all of your debts.

We'll discuss the ramifications of each of those debts as it applies to your situation moving forward, and how this whole bankruptcy process will play out for you.

I'll give you this information free of charge, in a free consultation. It doesn't hurt to come in and ask the questions, so that you know exactly how to move forward.

I'm Matt McArthur at Clear Counsel Law Group, head of the bankruptcy department here.

Please come in and visit me, and we'll get you started.


Home Liens and Bankruptcy: What You Need to Know




Hi, Matt McArthur bankruptcy attorney, Clear Counsel Law Group.

Today I want to discuss liens, and the ability that we have inside of a bankruptcy case to be able to address liens that have been attached to property.

The first and foremost question is can we remove liens that have attached to property inside of a bankruptcy, and the answer varies.

It depends upon the type of lien and the situation and the type of bankruptcy case that you're doing. In some cases, yes; in most cases, probably no.


Liens That May Be Removed: Car Loans

Typically speaking, a bankruptcy discharge, in and of itself, is not sufficient to remove a lien from someone's property.

One example of this might be a car loan where we file for bankruptcy and the bankruptcy discharge removes that person's personal obligation to pay on the car loan.

What that means is, the car lender can no longer go the person and forcibly collect from them. They can't garnish their wages.




They can't levy their bank accounts to collect on that loan, but what the bankruptcy discharge did not remove is the lien that the car lender had on the car, so the car lender's lien remains in place. They can still repossess the vehicle after filing bankruptcy if payments aren't being made.


I Will Explain a Lien Strip

A classic example of a situation where we can deal with a lien is what we call a lien strip in a Chapter 13 bankruptcy.

These used to be extremely common when the housing market was depressed and after a lot of people had taken out second mortgages to cash in on the equity that they had found in their homes before the crash, and then after the crash all of a sudden they were left with a house that was worth a lot less than what they owed.

In a Chapter 13 bankruptcy, the law allows you to get rid of a second mortgage if certain conditions are met, and those conditions are if the house is worth less than what the first mortgage is owed.

If, for example, you had a house, and it was worth $200,000, and the first mortgage you still owed $220,000 on, and you had a second mortgage of whatever amount you could come up with.

It could be $1. It could be a $500,000 second mortgage. It doesn't matter the amount. As long as that first mortgage company is still owed more than what the house is worth, we can do a lien strip.

The lien strip, like its name suggests, is stripping off that second mortgage from being associated with the house or removing it from any connection with the house.


How Your Situation Will Be Improved After a Lien Strip

Once we've been able to get court approval to do a lien strip, we've established that the house is worth less than what the first mortgage is owed and the court enters an order approving our motion establishing that that is the case, that second mortgage in the bankruptcy is treated as a general unsecured creditor, the same way that a credit card company would be treated, the same way as a medical debt would be treated.

They no longer have those special rights that attach to the house, and their lien is removed. Following the successful completion of your case in a Chapter 13 bankruptcy and when you receive that discharge, that second mortgage is completely gone, completely resolved within the bankruptcy, and you only have to worry about keeping the first mortgage company happy and paid, moving forward after completion of your bankruptcy case.

That's just one example of our ability to deal with liens inside of a bankruptcy. If you have any questions about your situation, please come in and see me.

Consultations are free.

We offer the ability to come in and meet with an attorney, an experienced attorney, me, and I can give you the advice tailored to your specific situation and give you all the information you need to make an informed decision about how to best move forward to improve your financial situation.

I hope to hear from you soon. I'm Matt McArthur at Clear Counsel, the bankruptcy attorney.

Hope to hear from you soon.


The Waiting Period Before Filing for Bankruptcy Again





Hi. I'm Matt McArthur, bankruptcy attorney at Clear Council Law Group. Today, I want to discuss the waiting times between different chapters of bankruptcy. If you filed for bankruptcy in the past, are you able to file again, and if so, how long do you have to wait?

This answer varies, depending upon the facts of your particular situation. If you've filed for bankruptcy before, there is going to be a waiting period between when you can file again, if your first case, or your previous case was successfully completed, and you received a discharge.

If you didn't receive a discharge, and your case was dismissed, then, there's no waiting periods.


The Waiting Period Depends Upon Which Chapter You Filed Under Previously

For an individual that has filed for chapter 7 bankruptcy, and is looking to file for chapter 7 bankruptcy again, it's 8 years between filing dates. For an individual that's filed 13 the first time, and is looking to file for 13 again, the waiting period is 2 years between the filing dates.

If you're mixing and matching chapters, from 7 to 13, or 13 to 7, the waiting period can be 4 or 6 years, depending. This is a bit of a tricky issue to figure out, if you're not sure exactly where you stand.

One of the most common questions that I get, or uncertainties that I come across with people coming in for a free consultation is, I'll ask them if they've ever filed bankruptcy before, and if so, when? Many people aren't sure. It's been years.

Quite frankly, it's something that they wanted to put out of their minds, or it's been so long that they just simply don't remember.

waiting period bankruptcy, debt, las vegas, nevada Copyright: badboo / 123RF Stock Photo


If You Do Not Remember When You Previously Filed, I Can Help

I have a way of looking up the exact date. If you're uncertain about when you filed for bankruptcy, please come in and see me.

I can help you figure out the exact date of when you filed, when you'll be able to file again, and what chapter's most appropriate for you, and how long we would have to wait, depending on what chapter you filed the first time, whether it was successfully completed, and what chapter you're looking to file this time, based upon your current circumstances.

Again, this can be a very important issue if not taken seriously. If you were to file before the waiting time frame has passed, then you are ineligible for a discharge, and the bankruptcy won't do you any good if you file one.

It's important that you deal with somebody, or have somebody helping you that is familiar with the law, that can help you navigate these issues.

Please come in and see me.

I can most definitely do that in a free consultation.

Again, the advice is free, so please come in and get it.

We can give you the information, so that you can make the best decisions for you, moving forward.

Hope to hear from you soon.


Clear Counsel Law group

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Henderson, NV 89012

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