Filing for bankruptcy in Las Vegas puts your debts in front of the U.S. Bankruptcy Court for the District of Nevada and triggers an automatic stay that stops most creditor calls, lawsuits, wage garnishments, and foreclosure actions the moment your petition is accepted.1Office of the Law Revision Counsel. 11 U.S. Code 362 – Automatic Stay From there, your case moves down one of two tracks: Chapter 7, which wipes out qualifying unsecured debts in a few months, or Chapter 13, which puts you on a court-approved repayment plan for three to five years. Which track you qualify for depends on your income, and what you keep depends on Nevada’s exemption statute.
Which Chapter You Can File
Chapter 7 liquidates nonexempt assets and discharges most unsecured debt quickly. Chapter 13 lets you keep your property but requires you to pay creditors a portion of what you owe over several years.2Office of the Law Revision Counsel. 11 U.S. Code 1325 – Confirmation of Plan Eligibility starts with the Means Test, which compares your household’s average monthly income over the past six months to the Nevada median for your family size.
If you earn below the Nevada median, you pass the test and can file Chapter 7. If you earn above it, the court presumes a Chapter 7 filing would be abusive, and you’ll generally need to file Chapter 13 instead.3United States Courts. Chapter 7 – Bankruptcy Basics For cases filed on or after April 1, 2026, the Nevada median income thresholds are:4U.S. Trustee Program. Census Bureau Median Family Income By Family Size
- 1 earner: $72,222
- 2 people: $87,914
- 3 people: $101,638
- 4 people: $114,110
- Each additional person: add $11,100
Earning above the median is not an automatic bar to Chapter 7. The full Means Test subtracts allowed expenses from your income, and if your remaining disposable income falls below a threshold, you can still qualify. Small adjustments in allowable expenses can change the result, which is why above-median filers often work the calculation through with a bankruptcy attorney before committing to a chapter.
Income also sets Chapter 13 plan length. Below-median households get a three-year plan; at or above the median, the plan runs at least five years.2Office of the Law Revision Counsel. 11 U.S. Code 1325 – Confirmation of Plan A plan can end sooner only if you pay all allowed unsecured claims in full.
What You Keep: Nevada Exemptions
Nevada has opted out of the federal exemption list, so Las Vegas filers rely on the state’s protections under NRS 21.090.5Nevada Legislature. Nevada Revised Statutes Chapter 21 – Enforcement of Judgments Exemptions decide what the Chapter 7 trustee can and cannot sell to pay creditors. In Chapter 13, they shape how much you have to pay unsecured creditors through your plan, because the plan must give them at least what they would have received in a Chapter 7 liquidation.
Your Home
Nevada’s homestead exemption shields up to $550,000 of equity in your primary residence.6Nevada Legislature. Homestead Exemption in Nevada Given Southern Nevada home values, that number covers most Las Vegas homeowners entirely. Nevada law provides some automatic protection, but recording a homestead declaration with the Clark County Recorder before you file strengthens the claim.
Your Car and Everything Else
Beyond the house, NRS 21.090 protects:5Nevada Legislature. Nevada Revised Statutes Chapter 21 – Enforcement of Judgments
- Up to $15,000 of equity in one motor vehicle.
- Up to $12,000 in household goods, furniture, electronics, clothing, and yard equipment.
- Up to $10,000 in tools of the trade — the professional equipment, instruments, and supplies you use to earn a living.
- Up to $5,000 for books, artwork, musical instruments, and jewelry, plus all family pictures and keepsakes regardless of value.
- A $10,000 wildcard you can apply to any property not otherwise exempt.
Retirement accounts, pensions, and similar tax-qualified plans are generally fully exempt under both Nevada and federal law. The wildcard is often the quiet workhorse of a Nevada case because it can cover a bank balance, a tax refund, or anything else that doesn’t fit cleanly into another category. Used well, it keeps assets you would otherwise lose.
Debts That Survive Bankruptcy
Not every debt disappears. Federal law carves out specific obligations that outlast a discharge, and this is where filers are most often surprised.7Office of the Law Revision Counsel. 11 U.S. Code 523 – Exceptions to Discharge
Child support and alimony cannot be discharged under any chapter. The automatic stay doesn’t even stop collection of those obligations from your ongoing wages.1Office of the Law Revision Counsel. 11 U.S. Code 362 – Automatic Stay A Chapter 13 plan has to pay all past-due support in full, and you have to stay current on ongoing support throughout the plan or the case gets dismissed.
Student loans survive unless you prove repayment would impose an undue hardship on you and your dependents. Most courts apply the Brunner test: you can’t maintain a minimal standard of living while paying, the hardship is likely to continue, and you’ve made good-faith efforts to repay.7Office of the Law Revision Counsel. 11 U.S. Code 523 – Exceptions to Discharge The standard is difficult to meet, though not impossible for borrowers with permanent disabilities or similarly severe circumstances.
Also non-dischargeable: government fines and penalties, debts from drunk-driving injuries, and any obligation arising from fraud or intentional harm to another person or their property.
Income tax debt can be discharged, but only when a stack of timing rules all line up. The return must have been due at least three years before filing, actually filed at least two years before filing, and assessed by the IRS at least 240 days before filing. Unfiled returns, fraudulent returns, and tax evasion are all disqualifiers. Even when the debt itself is discharged, an existing IRS lien on your property can survive.
What Filing Actually Involves
Bankruptcy requires an unusually thorough financial disclosure. You’ll need pay stubs covering the six months before you file, federal tax returns for the two most recent years, a complete list of every asset you own with estimated values, and a list of every creditor you owe with account numbers and balances. All of it feeds the official petition and schedules, which cover your real property, personal property, income, and monthly living expenses. Mistakes or omissions cause delays at best and allegations of fraud at worst.
One warning on timing: the trustee will look at property you transferred during the two years before filing, and up to ten years for transfers into self-settled trusts.8Office of the Law Revision Counsel. 11 U.S. Code 548 – Fraudulent Transfers and Obligations Selling a car to a relative below value or moving money into someone else’s name to shield it can be reversed, with the asset pulled back into the estate. Don’t try to hide property before filing.
The Two Required Courses
Every individual filer must complete two courses from U.S. Trustee-approved providers, and skipping either one can get your case dismissed or block your discharge.
The first is credit counseling, taken within the 180 days before you file.9Office of the Law Revision Counsel. 11 U.S. Code 109 – Who May Be a Debtor Most approved agencies offer it online or by phone for $20 to $50.10United States Department of Justice. Credit Counseling and Debtor Education Information The second, debtor education, is taken after you file but before the court will grant your discharge.11United States Courts. Credit Counseling and Debtor Education Courses Both certificates get filed with the court. A missed debtor education deadline is one of the most common reasons discharges get held up.
Fees and Where You File
Petitions go to the U.S. Bankruptcy Court for the District of Nevada, with Las Vegas filers submitting at the Foley Federal Building.12United States Bankruptcy Court, District of Nevada. United States Bankruptcy Court District of Nevada Filing fees are $338 for Chapter 7 and $313 for Chapter 13. If you can’t pay upfront, you can ask to pay in installments, and Chapter 7 filers who meet income criteria can apply for a full fee waiver.
Attorney fees are separate. Chapter 7 cases in Las Vegas generally run $1,000 to $2,500 in attorney fees depending on complexity. Chapter 13 fees tend to be higher because the attorney stays involved for years while the plan runs. You can file without an attorney, but the paperwork is dense, and errors can cost you exemptions or your discharge.
The 341 Meeting
After filing, the court appoints a trustee and schedules a 341 Meeting of Creditors, usually 21 to 40 days later. The trustee questions you under oath about your disclosures. Creditors can attend; most don’t. The meeting typically runs about ten minutes and currently may be held by video. Bring a government-issued photo ID and proof of your Social Security number.
How Long It Takes
A straightforward Chapter 7 case in Las Vegas usually closes within four to six months. The 341 meeting falls in the first month or two, and if no one objects, the discharge order follows roughly 60 days after the meeting.
Chapter 13 is much longer by design. The plan runs three to five years based on income, and discharge comes only after you complete every plan payment and finish the debtor education course. The trustee distributes your payments to creditors throughout. Falling behind puts the case at risk of dismissal or conversion to Chapter 7.
Credit and Future Filings
A bankruptcy filing can drop your credit score by up to 200 points, though the actual hit depends on where your score started. Someone already battered by missed payments and collections may see a smaller drop than someone with previously strong credit. Under the Fair Credit Reporting Act, the bankruptcy can appear on your credit report for up to ten years from the filing date.13United States Bankruptcy Court. FAQ – Credit Reporting and the Bankruptcy Court The practical picture is less bleak than that window suggests. Many filers start rebuilding within a year or two of discharge by using a secured credit card responsibly and keeping new obligations modest.
If you’ve already received a discharge in the past, federal law makes you wait before you can get another.14Office of the Law Revision Counsel. 11 U.S. Code 727 – Discharge After a Chapter 7 discharge, you must wait eight years to file another Chapter 7. After a Chapter 13 discharge, the wait is six years for a new Chapter 7, unless your prior plan paid 100 percent of unsecured claims or at least 70 percent under a good-faith best-effort plan. For Chapter 13, you can file two years after a prior Chapter 13 discharge or four years after a Chapter 7 discharge. The clock runs from filing date to filing date, not discharge date, which catches people off guard.
One other repeat-filer rule worth knowing: if a prior case was dismissed within the past year, the automatic stay in your new case only lasts 30 days unless the court extends it. With two or more dismissals in the prior year, no stay applies at all without a court order.