Las Vegas Bankruptcy Attorney
Direct Attorney Guidance Backed by Over 50 Years of Combined Experience
When debt becomes unmanageable, knowing your options quickly matters. At Fox, Imes & Crosby, LLC, we represent individuals and businesses throughout Las Vegas, Henderson, and Boulder City in Chapter 7, Chapter 11, Chapter 13, and Subchapter V bankruptcy matters. Attorneys Troy Fox, Jason Imes, and David Crosby bring over 50 years of combined legal experience to every case.
An initial consultation gives you a clear picture of your options before you commit to any path.
Contact us online or dial (702) 941-6320 to schedule a consultation with our Las Vegas bankruptcy attorneys.
Chapter 7, Chapter 13, Chapter 11 & Subchapter V
Bankruptcy is a federal legal process, but a filing in Nevada also requires careful attention to state exemptions and local court procedures. Choosing a chapter requires a review of income, assets, debt types, business structure, creditor actions, and the outcome the filer is trying to achieve. We represent individuals and businesses across the following chapters:
- Chapter 7 Bankruptcy: Known as liquidation bankruptcy, Chapter 7 can discharge qualifying unsecured debts, subject to eligibility and an analysis of exempt and nonexempt property. We evaluate household income and guide clients through the means test, an income-based calculation used in many consumer Chapter 7 cases.
- Chapter 13 Bankruptcy: This chapter creates a court-approved repayment plan that generally lasts three to five years. It may allow an individual with regular income to retain property, address mortgage arrears, or reorganize other obligations while making plan payments.
- Chapter 11 Bankruptcy: Chapter 11 allows a business or other qualifying debtor to propose a reorganization while continuing operations under applicable court requirements. We help clients evaluate cash flow, creditor obligations, contracts, assets, and the feasibility of a proposed plan.
- Subchapter V: Subchapter V is a small-business reorganization pathway within Chapter 11. It has procedural features that differ from a traditional Chapter 11 case, but eligibility, cost, timing, and plan feasibility still require a detailed review.
No chapter is automatically right based on debt amount or income alone. We evaluate Nevada bankruptcy exemptions, secured and unsecured obligations, pending collection activity, and whether debt relief or foreclosure-related options outside bankruptcy should also be considered.
The Bankruptcy Filing Process in Las Vegas
Clark County bankruptcy cases are filed through the Las Vegas filing office of the U.S. Bankruptcy Court for the District of Nevada. The process begins with gathering income statements, tax documents, asset records, debt statements, payment histories, and information about recent financial transactions. Individual debtors generally must also complete credit counseling through an approved provider before filing.
Preparing the Petition
We use those records to prepare the petition, schedules, statement of financial affairs, exemption claims, and other required documents. Complete disclosure matters: property, debts, income sources, creditor claims, transfers, and other requested information must be reported accurately. Before filing, we review the documents with the client and address questions that could affect eligibility or strategy.
Automatic Stay & 341 Meeting of Creditors
Filing a petition generally triggers an automatic stay, a federal protection that pauses many collection actions. Depending on the facts and any applicable exceptions or court orders, it may affect lawsuits, wage garnishments, collection calls, and foreclosure proceedings. The automatic stay isn’t permanent protection against every creditor action, so pending deadlines and prior filings need to be discussed before the petition is submitted.
The court schedules a 341 meeting of creditors, where the debtor answers questions under oath about the filed financial information. Creditors may attend, although attendance varies. We prepare clients for the meeting, review likely document requests, and explain who may participate and what happens afterward.
Chapter-Specific Requirements & Next Steps
Chapter-specific steps follow. A Chapter 7 case may involve trustee review, exemption questions, asset issues, objections, and completion of discharge requirements. Chapter 13 requires a proposed repayment plan and court confirmation, while Chapter 11 and Subchapter V involve reorganization procedures, creditor rights, reporting duties, and plan approval. Individual debtors generally must complete an approved financial management course after filing to remain eligible for a discharge.
When a matter extends beyond routine bankruptcy court proceedings, our attorneys have represented clients before the Federal District Court and the 9th Circuit Bankruptcy Appellate Panel. The required steps and timing depend on the chapter, disputes in the case, court orders, and whether creditors or the trustee raise objections.
Nevada Bankruptcy Eligibility & Exemptions
Qualifying for bankruptcy in Las Vegas depends on federal law, the chosen chapter, and Nevada’s own eligibility rules. Chapter 7 eligibility can involve household income, household size, allowable expenses, the means test, and the nature and value of nonexempt property. Income above Nevada’s applicable median doesn’t automatically rule out Chapter 7, and income below it doesn’t resolve every eligibility or asset question.
Eligibility to use a particular state’s exemptions depends on bankruptcy domicile rules, including where the filer lived during the applicable period before filing. Someone who recently moved to Nevada may need a different exemption analysis. We review residence history instead of assuming that a current Las Vegas address makes every Nevada exemption available.
Nevada’s bankruptcy exemptions may protect certain interests in a primary residence, vehicle, household property, retirement funds, and other assets, subject to current statutory limits and exceptions. Exemption amounts and requirements can change, and liens or ownership issues may affect how a particular asset is treated. We apply the provisions in effect for the case and evaluate each asset before claiming an exemption.
Asset protection requires accurate valuation and complete disclosure. An exemption can protect qualifying value from administration in a bankruptcy case, but it doesn’t erase a valid lien or guarantee that the filer can retain collateral without addressing the related secured debt.
Bankruptcy Costs & Payment Options in Las Vegas
Bankruptcy costs can include a chapter-specific court filing fee, approved credit counseling and financial management course fees, attorney fees, and case-specific expenses. Attorney fees depend on factors such as the selected chapter, asset complexity, creditor disputes, business operations, litigation, and the amount of court work required.
Fee-waiver or installment procedures may be available to qualifying filers under applicable court rules, but eligibility isn’t automatic. We explain the anticipated fees and available payment structure after reviewing the proposed case. Flexible payment plans are available for clients facing financial hardship, although terms depend on the representation required.
An initial consultation provides an opportunity to discuss costs before selecting a path. It can also identify whether bankruptcy, debt relief, foreclosure-related relief, or another legal option warrants further evaluation.
What Debts Can Bankruptcy Discharge?
Not every debt qualifies for discharge, and knowing the difference shapes the filing strategy. Treatment can also vary by chapter, the age and origin of the debt, creditor objections, collateral, and the filer’s prior conduct.
Obligations that may qualify for discharge include:
- Credit Card Debt: Many credit card balances are treated as unsecured obligations, although fraud allegations and recent transactions can affect discharge.
- Medical Bills: Unsecured medical debt may qualify for discharge when no exception applies.
- Personal Loans: Unsecured personal loans may be dischargeable, subject to the loan history and applicable exceptions.
- Mortgage Arrears: Bankruptcy won’t automatically remove the mortgage lien, but it can pause foreclosure in some circumstances. A Chapter 13 plan may provide a way to address arrears while ongoing obligations remain due.
- Auto Loan Deficiencies: A deficiency balance following repossession may be treated differently from a loan secured by a vehicle the filer intends to keep.
- Other Unsecured Debts: Payday loans, utility balances, and similar obligations may qualify for discharge depending on the facts.
Non-dischargeable debts can include domestic support obligations, certain taxes, and debts arising from fraud or other statutory exceptions. Student loans generally require a separate proceeding and a fact-specific showing under current federal law. Secured debts also require careful analysis because discharge of personal liability doesn’t necessarily eliminate a creditor’s rights in the collateral.
Gaming-related obligations and casino markers must be disclosed like other debts, but their treatment can depend on the underlying transaction and any objections raised. We review each obligation individually rather than assuming that an entire debt category will be discharged or survive.
Direct Attorney Access & Bankruptcy Credentials
Clients work directly with our attorneys throughout the case rather than being passed to a paralegal for the duration of the representation. That access gives clients a consistent point of contact for legal advice, petition preparation, trustee questions, required court events, and changes that arise after filing.
Troy Fox has served as a court-appointed Chapter 7 Bankruptcy Trustee since his 2019 appointment. Trustee service offers perspective on the documentation and disclosures commonly examined in Chapter 7 cases, but it doesn’t determine how another trustee or the court will decide a client’s matter.
Jason Imes is Board Certified in Business Bankruptcy Law by the American Board of Certification. This credential is directly relevant to Chapter 11, Subchapter V, creditor issues, and other complex business bankruptcy matters. Our attorneys also have experience before the Bankruptcy Court, Federal District Court, and 9th Circuit Bankruptcy Appellate Panel.
Our firm provides services in English and Spanish. We also offer flexible payment structures for clients facing financial hardship.
Bankruptcy Representation for the Las Vegas Valley
We serve individuals and businesses in Las Vegas as well as clients from Henderson, Boulder City, Green Valley, and surrounding Nevada communities. Clark County cases use the U.S. Bankruptcy Court for the District of Nevada’s Las Vegas filing office, making local procedures and court requirements directly relevant to petition preparation and case management.
Changes in hours, seasonal work, commissions, tips, or business receipts can create income variability. Variable income can affect means-test documentation and the feasibility of a Chapter 13, Chapter 11, or Subchapter V plan. We review the available income history rather than relying on a single pay period or revenue snapshot.
Casino employees, small-business owners, and homeowners may present different financial records and creditor issues. Foreclosure pressure can also make timing important because the automatic stay has exceptions and creditors may seek court permission to continue enforcement. Nevada exemptions, filing procedures, pending deadlines, and required appearances all need to be evaluated against the facts of the case.
The Legal Aid Center of Southern Nevada provides civil legal resources for qualifying individuals, while the Nevada Department of Business and Industry publishes consumer information. Those resources may be useful for some residents, but eligibility and available assistance vary. A consultation with our attorneys can address how current law applies to a specific financial situation.
Current Nevada Bankruptcy Rules & Procedures
Federal statutes, court rules, filing fees, exemption provisions, approved course requirements, and hearing procedures can change. We monitor Nevada exemption updates and local court procedure changes when preparing and managing cases.
The U.S. Bankruptcy Court for the District of Nevada may permit remote participation for certain proceedings under current court procedures or a case-specific order. Filers shouldn’t assume that every meeting or hearing will be virtual. We provide instructions based on the notice and requirements issued for the particular matter.
Student-loan discharge remains a fact-specific issue under federal law. A debtor generally must seek a determination through a separate court proceeding, and the applicable standards and government guidance should be reviewed as they exist when the case is filed. Proposed reforms or general commentary aren’t substitutes for current legal analysis.
Common Bankruptcy Filing Mistakes
Complete and accurate disclosure is the foundation of every bankruptcy filing. Failing to list assets, debts, income, transfers, or creditor claims can lead to objections, loss of discharge, dismissal, or other legal consequences. Property that may seem informal or low value still needs to be discussed, including timeshares, event tickets, rewards points, and claims against another person or business.
Taking on new debt or making unusual financial transactions before filing can create additional scrutiny. Large purchases, cash advances, transfers to relatives, repayment of selected creditors, or changes to property ownership should be discussed with counsel before a petition is filed.
Missing a required course, document request, deadline, payment, meeting, or hearing can also affect the case. Debtors should gather tax returns, proof of income, bank statements, housing payment records, asset information, and current creditor statements during the preparation stage.
We review each client’s assets and liabilities for accurate disclosure from the start. We also prepare clients for required paperwork, the 341 meeting of creditors, and chapter-specific court steps.
Our attorneys help Las Vegas-area individuals and businesses evaluate bankruptcy, debt relief, and foreclosure options with direct guidance in English or Spanish and flexible payment structures.
Ready to evaluate your options? Contact our Las Vegas bankruptcy attorneys online today, or call (702) 941-6320 to schedule a consultation.
WHY CHOOSE FOX, IMES & CROSBY
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Flexible Payment StructureWe work with you to create a payment plan that will work with your budget!
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Over 50 years of experienceAt Crosby & Fox our team has over 50 years of combined experience.
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Dedicated To Our ClientsOur team is dedicated to helping our clients get the relief they need.