Bankruptcy Filing in Nevada

All bankrupcty cases are heard in federal court.

The creation of bankruptcy laws in the United States is the sole prerogative of the U.S. Congress. The administration of bankruptcy proceedings are the sole prerogative of the U.S. federal courts. All bankruptcy case are heard in federal district court, usually by the bankruptcy court that has jurisdiction over the geographical location where the petitioner resides or has his primary place of business. The United States Bankruptcy Court for the District of Nevada has jurisdiction over bankruptcy cases in the state of Nevada.

Types

The purpose of bankruptcy is to provide honest, but unfortunate, debtors the opportunity for a fresh financial start without the burden of unpayable debts. The types of bankruptcy available to debtors that may be heard in the United States Bankruptcy Court for the District of Nevada are determined by federal bankruptcy law and include Chapter 15 bankruptcy, which involves cases that extend across international borders; Chapter 9 for municipalities; Chapter 11, which allows businesses to reorganize; and Chapter 12 for family farmers and fishermen. The most common forms of bankruptcy for individuals include Chapter 7, also known as liquidation bankruptcy, and Chapter 13, sometimes referred to as the Wage Earner's Plan.

Authority

The U.S. Bankruptcy Code is the final authority to which all bankruptcy regulations and procedures must adhere. Significant changes to the Bankruptcy Code were made by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, including the requirement for debtors to undergo credit counseling. Bankruptcy court proceedings are also governed by the Rules of Bankruptcy Procedure as amended, along with the Rules of Evidence and Rules of Civil Procedure. The court in Nevada uses the Local Rules of Bankruptcy Practice of the United States District Court for the District of Nevada, effective Dec. 1, 2009, for proceedings in the state of Nevada.

Locations

The United States Bankruptcy Court for the District of Nevada has jurisdiction over the entire state of Nevada. The single official judicial district has been unofficially divided into two sections. Petitioners must file their bankruptcy case in the section that has jurisdiction over their venue. Petitioners who reside or have their primary place of business in Esmeralda, Lincoln, Clark or Nye counties are in the Southern Division and should file their cases with the U.S. Bankruptcy Court in Las Vegas. Petitioners who reside or have their primary place of business in any other county in the state are in the Northern Division and should file their cases with the U.S. Bankruptcy Court in Reno, Nevada.

Considerations

The United States Bankruptcy Court for the District of Nevada will accept payment of court fees in the form of a bank cashier's check or a U.S. Postal money order. Payments may be made in cash, but must be for the exact amount. The court will not accept credit cards or personal checks from individual bankruptcy petitioners. The United States Bankruptcy Court for the District of Nevada does not provide legal advice to petitioners and it does not recommend individual attorneys. Individual petitioners may represent themselves in a bankruptcy case, but the court discourages such a practice due to the complex nature of bankruptcy proceedings. Petitioners in Nevada who are unable to afford an attorney may qualify for free or reduced cost representation by contacting the State Bar of Nevada.

References

• The United States Bankruptcy Court for the District of Nevada: Don't Have An Attorney?
• The United States Bankruptcy Court for the District of Nevada: Local Rules (pdf)
• Administrative Office of the U.S. Courts: Bankruptcy Basics

Resources

• The United States Bankruptcy Court for the District of Nevada: Court Information
• Administrative Office of the U.S. Courts: Bankruptcy
• The United States Bankruptcy Court for the District of Nevada