Las Vegas Chapter 13 Bankruptcy Attorney
Keep What You Own. Reorganize What You Owe.
Chapter 13 bankruptcy lets you reorganize your debts and repay creditors based on what you can actually afford without giving up your home, your car, or other assets. Unlike Chapter 7, Chapter 13 lets you keep your property and dedicate a portion of your regular income toward a court-approved repayment plan. The moment you file, an automatic stay takes effect. It immediately halts collection calls, wage garnishment, foreclosure proceedings, and repossession. In many cases, creditors must also stop accruing interest on qualifying debts once the plan is filed, making repayment more achievable over time.
Nevada law adds meaningful protection on top of that. Under NRS 115.010, Nevada’s homestead exemption shields up to $605,000 of equity in your primary residence from forced creditor action. It is one of the most generous protections in the country. Leveraging this and other Nevada exemptions, many Las Vegas residents can preserve significantly more of what they own while working through the Chapter 13 process.
4 benefits of filing Chapter 13:
- Save Your Home: Chapter 13 gives Nevada homeowners real options. You may propose a plan that resumes regular mortgage payments while spreading arrears over the plan period, typically up to five years. The Mortgage Modification Mediation Program, offered through the bankruptcy courts, also provides a structured process for negotiating loan modifications directly with your lender.
- Keep Your Car: Falling behind on car payments doesn’t have to mean losing your vehicle. Chapter 13 may allow you to extend your loan term to lower payments, modify the interest rate, or, in some situations, pay only the car’s fair market value if that’s less than what you owe.
- Repay the IRS: Chapter 13 provides options for managing IRS debt. Many filers can halt penalties and interest on qualifying tax debts while repaying them over the three- to five-year plan period. Depending on your case, total repayment amounts may be reduced.
- Consolidate and Reduce Debt: Unsecured debts, credit cards, medical bills, and personal loans, can be consolidated into a single monthly payment calculated on what you can afford. This often means repaying only a portion of the balance, and sometimes nothing at all on certain obligations.
At Fox, Imes & Crosby, LLC, we understand that every client arrives with a different story. We take the time to review your options, answer your questions, and stay with you at every step. We also recognize that hardship often arrives unexpectedly, such as a medical crisis or a job loss, and we help you address today’s challenges while building a foundation for long-term stability.
We work with clients across Las Vegas, including workers in the hospitality, entertainment, and tourism sectors whose income shifts throughout the year. We tailor repayment plans to reflect your actual earning patterns so you can sustain consistent progress.
Call us at (702) 941-6320 or fill out our short online form to schedule a consultation with our Las Vegas Chapter 13 bankruptcy attorneys.
Why Las Vegas Chapter 13 Filers Choose Fox, Imes & Crosby, LLC
The credentials our attorneys bring to Chapter 13 cases aren’t honorary distinctions. They reflect direct, working knowledge of how the bankruptcy system evaluates filings and confirms plans.
Trustee & Board Certification Credentials
Troy Fox has served as a court-appointed Chapter 7 Bankruptcy Trustee since 2019. Trustees review asset schedules, examine exemption claims, and assess plan feasibility, so our attorneys know what a trustee looks for before your paperwork is ever filed. Jason Imes is Board Certified in Business Bankruptcy Law by the American Board of Certification, the only national bankruptcy specialty certification co-sponsored by the American Bankruptcy Institute. Earning that certification requires at least five years of active practice, lead counsel involvement in at least 30 bankruptcy cases, and substantial participation in at least 45 contested matters or adversary proceedings. Fewer than 1,000 attorneys nationwide hold certification across all ABC programs. Together, Troy Fox, Jason Imes, and David Crosby bring over 50 years of collective legal experience to every case.
Mediation Experience & Appellate Reach
One attorney on our team serves as a mediator for the federal Mortgage Modification Mediation Program, bringing direct lender-negotiation experience through the bankruptcy courts. Our attorneys have also represented clients before the Bankruptcy Court, the Federal District Court, and the 9th Circuit Bankruptcy Appellate Panel. We serve clients throughout Las Vegas, Henderson, and the broader Las Vegas valley, and we offer flexible payment plans for clients facing financial distress.
Eligibility Requirements for Chapter 13 in Las Vegas
To qualify for Chapter 13 bankruptcy, you must show a steady income, from wages, self-employment, Social Security, or retirement benefits, sufficient to maintain a three- to five-year repayment plan. Federal law also sets a combined debt ceiling: as of April 1, 2025, the limit is $2,750,000 in total secured and unsecured debt, subject to periodic federal adjustment. Reviewing your current debt picture carefully before filing is an important first step.
The bankruptcy court requires full disclosure of all creditors, assets, income streams, and monthly expenses. You must also complete a court-approved credit counseling course before filing and a post-filing debtor education course before discharge. Both are required under federal law. Filings in Las Vegas are processed through the District of Nevada, with required meetings and hearings held at the Lloyd D. George U.S. Courthouse. Accurate, thorough documentation helps avoid delays and keeps your case moving.
If your income shifts with the seasons, which is common in Las Vegas industries, tell us upfront. We build repayment plans that reflect how you actually earn, not just what a single month shows.
Comparing Chapter 7 & Chapter 13 Bankruptcy
Choosing between Chapter 7 and Chapter 13 means looking closely at what matters most: keeping your property, the pace of debt resolution, and your current income picture. In Las Vegas, many filers choose Chapter 13 specifically to protect a home or vehicle, backed by Nevada’s robust exemption laws. Chapter 7 can discharge most unsecured debts more quickly, but it may require liquidating non-exempt assets and requires passing an income means test.
Chapter 13 suits filers with a regular income who are behind on secured debt and want time to catch up without losing property. Chapter 7 tends to work better for individuals with little property at stake who can’t realistically repay what they owe. Both chapters begin with a filing at the local bankruptcy court in the District of Nevada.
- Chapter 13 may work if: You want to keep your home or car, earn a regular income, and can commit to payments under a court-approved plan.
- Chapter 7 may work if: You don’t have significant non-exempt property and lack the means to repay unsecured debts.
Our attorneys review both options with you, drawing on decades of experience to recommend the path that best fits your current situation and long-term financial goals.
What Are the Limits of Chapter 13 Bankruptcy?
Chapter 13 is a powerful tool, but it’s not a fit for every situation. Understanding its limits before you file helps you make a fully informed decision.
Not all debts qualify for reorganization. Obligations like child support and alimony must be paid in full during the plan period. The combined debt ceiling can affect high earners or those carrying significant secured loans, so a thorough debt inventory matters. If you own multiple properties or operate a business, share the full picture. Those assets and liabilities affect both eligibility and strategy.
5 limits of Chapter 13 bankruptcy:
- Federal law caps total combined debt at $2,750,000 in secured and unsecured obligations (as of April 1, 2025, subject to periodic adjustment). Exceeding this limit disqualifies you from Chapter 13.
- If you’re behind on a house, car, or other secured property and want to keep it, all arrears must be paid in full through the plan.
- When you’re behind on home or car payments, ongoing payments route through the Chapter 13 Trustee, who collects a trustee fee on each disbursement.
- The IRS generally requires payment of the full Priority Amount through the plan. That said, the Priority Amount is sometimes less than your total tax debt. An attorney can help clarify what you actually owe.
- Chapter 13 plans are capped at 60 months. All required debts must be addressed within that window.
How Chapter 13 Bankruptcy Works in Las Vegas
Chapter 13 gives individuals a structured path to reorganize debt and regain control of their finances. The process requires a realistic assessment of your income, expenses, and ability to repay creditors while maintaining your household. We work with you to build a plan that reflects your full situation, not just a snapshot of your debt.
In the District of Nevada, your proposed plan goes to a local Chapter 13 trustee for review and approval. The trustee verifies that your plan complies with federal and local rules, and we prepare you for every required meeting and hearing along the way. Here’s what the process looks like:
- Consultation: We review your income, expenses, assets, and debts to determine whether Chapter 13 is the right fit.
- Filing the Petition: We prepare and file all required paperwork, including your petition and proposed repayment plan, with the Las Vegas bankruptcy court. Filing immediately triggers an automatic stay, pausing collection calls, wage garnishment, and foreclosure proceedings.
- Repayment Plan: We help structure a payment plan based on your income, typically spanning three to five years.
- Trustee Oversight: A local Chapter 13 trustee reviews the plan and oversees payment distribution to creditors throughout the plan period.
- Confirmation Hearing: We attend the repayment plan confirmation hearing with you, where the court approves the plan and resolves any creditor objections.
- Making Payments: With a confirmed plan in place, you make regular payments to the trustee, who distributes funds to your creditors.
- Completion and Discharge: Once all plan payments are made, the court discharges remaining qualifying debts, giving you a fresh start.
We offer full services in English and Spanish, maintain flexible payment plans to fit your budget, and bring over 50 years of combined experience to every case we handle.
Local Nevada Laws & Considerations for Chapter 13 Filers
Filing Chapter 13 in Las Vegas requires working knowledge of both state and federal law. Nevada is an opt-out state, meaning filers must use Nevada’s state exemption system rather than the federal alternative set. The homestead exemption under NRS 115.010 protects up to $605,000 of equity in your primary residence. Additional exemptions cover vehicle equity, household goods, and certain retirement accounts, each subject to statutory limits. Knowing how these exemptions apply to your situation directly shapes how much property you can protect.
Nevada also requires completion of a court-approved credit counseling course before filing and a debtor education course after filing. Both are mandated under federal bankruptcy law. These requirements aren’t optional, and timing matters. Missing either can delay or jeopardize your discharge.
Las Vegas bankruptcy cases are processed through the Lloyd D. George U.S. Courthouse. Local District of Nevada rules govern hearing schedules and required documentation formats, which differ from other federal districts. Our familiarity with these procedures helps you avoid the filing errors and scheduling delays that slow cases down.
FAQ: Chapter 13 Bankruptcy in Las Vegas
What Is the Chapter 13 Means Test?
The means test determines whether you qualify for Chapter 13 and shapes your plan payment amount. It calculates your average monthly income over the prior six months and compares it to the Nevada median for your household size. If your income falls below the median, you may qualify to file. If it’s above, the court analyzes your disposable income to assess whether a feasible repayment plan is possible. Getting this calculation right is critical to how your plan is structured.
What Happens to My Credit Score After Filing?
A Chapter 13 filing stays on your credit report for seven years and typically causes an initial drop in your score. Making timely plan payments helps rebuild your credit over that period. Completing Nevada’s mandatory debtor education course also gives you practical money management tools that support a stronger financial foundation after bankruptcy.
Can I Keep My Business Open While Filing for Chapter 13?
If you’re self-employed or run a small business in Las Vegas, you may continue operating during bankruptcy. Your business income and actual cash flow factor into your repayment plan, and the court evaluates plan feasibility based on real numbers. Subchapter V may also offer a streamlined reorganization path worth exploring for eligible small business owners. Careful planning from the start helps protect both your business assets and your personal financial position.
How Long Does the Chapter 13 Process Take?
The Chapter 13 process in Las Vegas typically runs three to five years from petition filing to discharge. That timeline covers document preparation, court approval, and the full payment period. The extended window is intentional. It lets you repay what you can afford while working toward a clean financial finish.
What Does It Cost to File Chapter 13?
Filing costs include the court filing fee (currently $313 in Nevada, though subject to change), separate fees for the required credit counseling and debtor education courses, and attorney fees based on your case’s complexity. We keep our pricing transparent and offer payment options so the cost of getting help doesn’t become another source of stress.
Contact Our Las Vegas Chapter 13 Bankruptcy Lawyers
At Fox, Imes & Crosby, LLC, our Chapter 13 bankruptcy attorneys bring over 50 years of combined experience to every case, backed by credentials that go well beyond standard practice. We’ve helped clients throughout Las Vegas and the Las Vegas valley find workable paths forward through complex financial situations. You work directly with our attorneys throughout your case, not a paralegal, and we make sure you understand every step, every requirement, and every option available to you under Nevada law.
Ready to take the first step? Call us at (702) 941-6320 or fill out our short online form to schedule a consultation with our Las Vegas Chapter 13 bankruptcy lawyers.
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.