If you have been listed as a creditor in a bankruptcy case, you may download a proof of claim form, request a claim form by mail or pick one up from any Clerk's Office location.

• For Chapter 7, 11, and 12 petitions, an original claim and a copy of any documentation supporting your claim should be filed.


• For Chapter 13 petitions, an original claim and one copy, along with any documentation supporting your claim should be filed.

If you would like a confirmed copy returned to you, please enclose an extra copy and a self-addressed stamped envelope.

Creditors who file 10 or more Proofs of Claim per year in the District of Nevada must file electronically. A CM/ECF Limited Use Registration form is available on our web site.

District of Nevada Local Rule 3002 requires the creditor to serve a copy of a proof of claim upon the debtor, if the debtor is not represented by an attorney. The debtor’s address can be found on the Notice of Chapter __ Bankruptcy Case, Meeting of Creditors, and Deadlines.

We may not refer you to any individual attorney and are not permitted to give you legal advice of any nature. You may, however, call Clark County Legal Services, Washoe Legal Services, or look through the telephone directory for bankruptcy assistance.

Q.

Do I need an attorney to file bankruptcy?

While it is possible to file a bankruptcy case pro se, that is, without the assistance of an attorney, it is extremely difficult to do so successfully. Hiring a competent attorney is highly recommended. If you are unable to afford an attorney, you may be able to qualify for free legal representation. For information about other referral programs, contact the State Bar of Nevada, the Clark County Bar Association, or the Washoe County Bar Association.

Pursuant to Local Rule 9010, any corporation, partnership, or other business entity, except when acting as a bankruptcy trustee for a corporation or partnership, must be represented by an attorney.

Do I have to stand in line?

Drop box locations are established throughout the District of Nevada. These boxes allow the legal community and public to leave pleadings with the Court before, during, and after normal business hours. All documents file stamped with the United States Bankruptcy Court Drop Box file stamp and placed in the Court drop boxes prior to the buildings' close at all District of Nevada locations will be processed with that day's date. Do not use the drop box if you need immediate verification of filing or a file copy immediately returned to you.

Drop Box Location and Hours

All “Courtesy Copies” for the Reno Judges must be placed in the Drop Box. Please refer to LR 5005 for requirements to file electronically if you file two or more documents, pleadings, petitions, etc. per year.

Payment from debtors may be in the form of a bank cashier's check, a U.S. Postal money order, or cash. If payment is by cash, exact change is required. Personal checks and credit cards will not be accepted from individual debtors or debtors in possession.

In order for a party to continue a proceeding against the debtor that has been stayed because of the filing of the bankruptcy and the automatic stay, he/she must file with the Bankruptcy Court a Motion for Relief from the Automatic Stay, or a Stipulation for Relief from the Automatic Stay.

Hiring a competent attorney for assistance is highly recommended.

A Motion for Relief from the Automatic Stay is commenced by the filing of a motion. Each motion shall be supported by all documents which assert a valid perfected security interest and all documents which support an assertion of lack of adequate protection or of equity in that property. District of Nevada Local Rule 9004(g) requires that a §362 information cover sheet be attached to a Motion for Relief from the Automatic Stay.

The filing fee for a Motion for Relief from the Automatic Stay is $150.00. An original and two copies of the Motion for Relief from the Automatic Stay are required upon filing.

There are several methods to obtain this information:

• On Chapter 7, 12 or 13 bankruptcy cases this information can be found on the Notice of Meeting of Creditors.


• Visiting the clerk’s office


• Through the Voice Case Information System (VCIS)


• Through Public Access to Court Electronic Records (PACER)

Please check the appropriate web page for hearing date information.

You may also obtain dates at the Intake counter when you bring your document in for filing (unless the document is being filed electronically).

Contact the United States District Court

Las Vegas: (702) 464-5400 ; Reno (775) 686-5800

Visit to the Clerk’s Office:

A certification fee of $9.00 per document is required plus a copy fee of $.50 cents per page. Payment may be in the form of a bank cashier's check, a U.S. Postal money order, or a personal check made payable to: Clerk, United States Bankruptcy Court, or cash. If payment is by cash, exact change is required. Personal checks will not be accepted from debtors or debtors in possession.

Certified copies by mail:

To obtain copies by mail, provide a written request which contains the case number, debtor’s name, and precisely which documents are to be copied and certified along with a $26.00 search fee per item, a $9.00 certification fee per item to be certified, and $.50 cents per page. Payment may be in the form of a bank cashier's check, a U.S. Postal money order, or a personal check made payable to: Clerk, United States Bankruptcy Court. Personal checks will not be accepted from debtors or debtors in possession.

• Visit the Clerk’s Office:

  The Clerk’s office will make up to 10 copies for a fee of $.50 cents per page from paper files. Payment may be in the form of a bank cashier's check, a U.S. Postal money order, or a personal check made payable to: Clerk, United States Bankruptcy Court, or cash. If payment is by cash, exact change is required. Personal checks will not be accepted from individual debtors or debtors in possession. Copies of documents filed in electronic files (2002 cases and forward) can be printed from computer terminals in the Clerk's office for $.10 per page.

• PACER (Public Access to Court Electronic Records):

  A web based system that allows anyone with internet access and a PACER login to access court records via the Internet. Beginning in 1989, dockets may include images of documents filed. These documents may be viewed, downloaded and printed from your computer.

• Mega Cases:

You may request information from copy vendors on some mega cases. To access which copy service to contact, locate the case in which you are inquiring about from the list of mega cases and then see information on copy service.

• Copies by mail:

To obtain copies by mail, provide a written request which contains the case number, debtor’s name, and precisely which documents are to be copied along with a $26.00 search fee, per item to be searched, and a self-addressed, stamped envelope. Payment may be in the form of a bank cashier's check, a U.S. Postal money order, or a personal check made payable to: Clerk, United States Bankruptcy Court. Personal checks will not be accepted from debtors or debtors in possession. Upon receipt of request, the clerk will advise the requestor of the number of pages to be copied and the appropriate fee ($.50 cents per page) Once the copy fees are received, copies will be made and mailed.

The Bankruptcy Court has no jurisdiction over credit reporting agencies. The Fair Credit Reporting Act, 6 U.S.C. Section 605, is the law that controls credit reporting agencies. The law states that credit reporting agencies may not report a bankruptcy case on a person's credit report after ten years from the date the bankruptcy case is filed. Other bad credit information is removed after seven years. The larger credit reporting agencies belong to an organization called the Associated Credit Bureaus. The policy of the Associated Credit Bureaus is to remove chapter 11 and chapter 13 cases from the credit report after seven years to encourage debtors to file under these chapters.

You may contact the Federal Trade Commission, Bureau of Consumer Protection, Education Division, Washington, D.C. 20580. The telephone number is (202) 326-2222. That office can provide further information on reestablishing credit and addressing credit problems. For information on credit practices, contact (202) 326-3224.

Digital Copies of digital audio recorded court hearings may now be obtained on a Compact Disk with the data playable on a computer. Your computer must have a CD drive, a sound card, and Internet access.

When you order a copy of a court record in CD format, you will be provided with instructions on how to download Free Software from the Internet which will enable your computer to play the digital audio recording of the requested court hearing.

We feel that you will be quite pleased with the quality of the digital audio recorded sound playback, and that after you try the CD format, you will agree that the CD product is far superior to the cassette tape recordings. However, should you prefer cassette tapes, we also can provide a copy of the court hearing record in this format.

Up to eight hours of a hearing held on one date can be provided on one CD. Up to Ninety (90) minutes of a hearing held on one date can be provided on one cassette tape. The cost of either one CD or one cassette tape is $26.00 each.

For additional information on how to order a CD digital audio recording or cassette tape recording, you may call the Electronic Court Recording Department at 702-388-6587 in Las Vegas, and 775-784-5023 x3114 in Reno. Forms are available on our website.

1. Voice Case Information System (VCIS):

VCIS allows callers to access case information, free of charge 24 hours a day, seven days a week, from any touch tone telephone. VCIS is available at both offices.

2. Computer/Internet Access (PACER):

Electronic case summaries and docket information may be retrieved using a computer via the Public Access to Court Electronic Records system (PACER). For registration information, please click here or call (800) 676-6856. All registered agencies or individuals will be charged $.08 per page with a maximum charge of $2.40 (with no charge up to the first $10.00 for each calendar year for a registered user). Transcripts of federal court proceedings are not subject to the 30 page fee limit.

Scanned images of documents shown on docket entries in cases filed on or after January 1, 1998 are also available through this web site. However, there may be instances where not all docket entries will have attached images of documents.

3. In Person:

For more detailed information, bankruptcy documents may be viewed in person or retrieved for copying from the Clerk's Office at which the case was filed. Cases which have been closed six months or longer may be archived at the Federal Records Centers in California. To determine if a case has been archived, contact the appropriate Clerk's Office:

Las Vegas: 702-388-6258
Reno: 702-784-5559

In order to view or retrieve bankruptcy documents, you must have the bankruptcy case number or debtor's name.

Pleadings are considered deficient if they are:

1. Not in compliance with the Federal Rules of Bankruptcy Procedure (F.R.B.P.) and the Local Rules.
2. Submitted to the wrong court.
3. Submitted with insufficient funds or paid in a method not accepted by the Court (please refer to the check acceptance policy.)
   
   

The Clerk's Office is prohibited by federal statute from providing legal advice. If you have any questions on how a bankruptcy filing affects enforcement of an eviction proceeding, please contact your local constable’s office, county sheriff’s office, or your legal advisor.

***This information has been prepared and provided by the Southern Nevada Association of Bankruptcy Attorneys***

1. You may file your voluntary petition under Chapter 7, 11, 12 or 13 of the Bankruptcy Code. When you file bankruptcy, you are called the "debtor". The people you owe money to are "creditors". The events which happen or debts you have when you file bankruptcy are "pre-petition" and debts arising or events which occur after bankruptcy are "post-petition". A short description of the different types of bankruptcy follows.
   
   
   1. Chapter 7 - this is a liquidation case, where individuals seek a "discharge" of Debt. Debtors are entitled to keep certain assets called "exempt" assets and the trustee will liquidate the balance of assets and use that money to pay creditors. This is the most common type of bankruptcy.
   
   
   2. Chapter 11- this type of bankruptcy allows individuals or businesses to reorganize their financial affairs, and you must file a plan of reorganization and disclosure statement, seeking the support of your creditors and the approval of the court. Corporations must hire an attorney; they cannot represent themselves. If a Chapter 11 debtor has only one main asset consisting of real property, a plan of reorganization with a reasonable possibility of being confirmed within a reasonable time, must be filed within 90 days of filing bankruptcy, and the debtor must make monthly payments which are at least as much as the interest that accrues at a fair market rate on the debt owed to secured creditors.
   
   
   3. Chapter 12 - this chapter affects only family farmers with regular annual income and allows the debtor to file a plan not later than 90 days after the bankruptcy is filed, which must provide for future earnings to be paid to a trustee for payment to creditors.
   
   
   4. Chapter 13 - this is a way for individuals with regular income to repay creditors. If you file a chapter 13 case, you must file a chapter 13 plan, which requires you to pay your disposable income to a bankruptcy trustee for 36 months. You can pay mortgage arrears or nondischargeable taxes through a chapter 13 plan.
2. In your bankruptcy petition, you must list all of your assets and all of your debts under penalty of perjury. You must specify which debts are priority, secured and unsecured and you must specify which of your assets will be "exempt" from becoming part of the bankruptcy estate and subject to liquidation by a bankruptcy trustee, or you are in jeopardy of losing assets you would be allowed to keep. In Nevada, the exemptions are specified in the Nevada Revised Statutes 21.090. Examples of assets which can be claimed as exempt assets are up to $125,000 equity in your home, up to $4,500 of equity in your car, private libraries, family pictures and keepsakes up to $1,500, necessary household goods up $3,000, office equipment and tools of the trade up to $4,500, one gun, life insurance so long as the annual premium does not exceed $1,000, up to $500,000 in your IRA or other qualified pension plan and other assets. You should refer to NRS 21.090 for more information.


3. In all cases the debtor must attend a meeting of creditors. This is a hearing conducted by your trustee or the U.S. Trustee, after you notify your creditors of the bankruptcy filing, -where you will be required to testify that all of your assets and debts have been properly listed and answer questions of the trustee and creditors. You are required to co-operate with the trustee, and provide all information he or she requests, which may include tax returns, bank statements, tax refunds, appraisals of your assets or inventories of your assets. Failure to cooperate with the trustee can result in conversion, dismissal, denial of your discharge or revocation of your discharge.


4. When a bankruptcy is filed, there is an "automatic stay" on all collection calls, foreclosures, lawsuits, repossessions and all collection efforts. This automatic stay will protect you from ongoing collection efforts for the debts listed on the bankruptcy petition. It will not protect you from debts you incur after the bankruptcy is filed. It will not stop paternity suits or efforts to collect alimony, maintenance or support. If creditors know about the bankruptcy, but continue to attempt to collect debts, their actions may be improper.


5. If you are not able to keep your payments current on vehicles or mortgages, or do not make arrangements through your bankruptcy to pay mortgage or car payment arrears, then the creditor has the right to file a motion for relief from the automatic stay, and seek the permission of the court to foreclose on your home or repossess your car. If you do not file written objections to the motion relief from stay within one week of the hearing (or within eight days before the hearing when there is a holiday) and serve them on the opposing attorney, then the court can grant the motion without a hearing.

You can review a copy of the Bankruptcy Code and Rules (Chapter 11, United States Code) at the Clark County Law Library located at 304 East Carson Avenue, Las Vegas, Nevada 89155. In Reno, please visit the Washoe County Courthouse Second Floor Library, 75 Court Street, Reno Nevada. You may also purchase a set from West Publishing Co., at 1-800-328-9352 or Matthew Bender & Co., Inc., at 1-800-223-1940.

You may review the local rules of practice for the District Court at the Clark County Law Library (Las Vegas), Washoe County Courthouse Second Floor Library (Reno), or purchase a set from Book Publishing Company, 201 Westlake Avenue North, Seattle, Washington 98109 (or look at the District of Nevada Local Rules of Practice on the court’s web-site at www.nvb.uscourts.gov).

6. If you do not comply with the provisions of the Bankruptcy Code, the bankruptcy rules, and the local rules of practice, your case may be dismissed or converted by the court. One of your requirements is that you mail the Notice of Commencement of your bankruptcy to all the creditors you list on your mailing matrix, and file proof of service with the court. If your case is dismissed, you may not be able to refile another bankruptcy for 180 days. If your case is converted to Chapter 7, then a bankruptcy trustee will be appointed to liquidate your assets to pay creditors.


7. You can be sued in your bankruptcy. This case is called an Adversary Proceeding. Please refer to the pamphlet on this subject for more information.


8. You may qualify to be represented by an attorney from the Pro Bono Project. If you wish to find out whether you might qualify for free representation in a bankruptcy case, in Las Vegas call the Pro Bono Project at (702) 382-3113. In Reno, please call (775) 329-2727 and ask for the Pro Bono Coordinator.

The State Bar of Nevada also has a Moderate Means Panel, where attorneys, as a public service, agree to accept some cases at reduced legal fees. To see if you may qualify for representation in that program call the State Bar of Nevada at (702) 382-2200 (Las Vegas) or (775) 329-4101 (Reno).

The State Bar of Nevada also has a Lawyer Referral Service, (702) 382-0504, (Las Vegas) or (775) 329-4101 (Reno) where you can obtain names of attorneys you may contact to consult or represent you.

9. The Bankruptcy Code and Rules are very technical, and it is often difficult for an individual to represent himself or herself in bankruptcy. The individual who represents himself or herself is expected to follow all of the rules, and to know all of the applicable bankruptcy laws. This includes rules requiring written papers which must be filed, deadlines for filing pleadings, and requirements to serve the opposing side with your papers. If you appear in court for a hearing, the judge will not be able to represent you or give you legal advice. You should wear proper clothing if you appear in court. You should be prepared to discuss the matter on the court’s calender and be courteous both to the Judge and the opposing party. Court starts on time. If you are late, you can lose by default. Independent paralegals, who do not work for attorneys, are not authorized by the State Bar of Nevada to give you legal advice, and if you are relying on the legal advice of such a paralegal, you may have no recourse against them if you rely on improper advice. Some people believe that paralegals cost as much if not more than attorneys. Paralegals cannot represent you in court. If you receive the assistance of a paralegal, this must be disclosed on your bankruptcy petition on page 2. The fee charged by your paralegal or petition preparer must also be disclosed, as well as his or her social security number.

Depending on a debtor's financial situation and reasons for filing, the consequences of filing for bankruptcy protection may outweigh the benefits. Those considering bankruptcy should be aware of the following:

1. Filing for bankruptcy protection is not free. Please refer to the Fee Schedule.


2. Not all debts are dischargeable.
   Example: Secured creditors retain some rights which may permit them to seize property, even after a discharge is granted. Spousal and child support obligations and most tax debts are not dischargeable.


3. Within 15 days of the filing of a bankruptcy petition, schedules of the debtor's assets and liabilities must be filed. Failure to timely file the appropriate schedules may result in dismissal of the bankruptcy and the barring of the debtor from filing again for 180 days (six months). 11 U.S.C. § 521 mandates that a chapter 7 or chapter 13 case “shall be automatically dismissed effective on the 46th day after the date of filing of the petition” if the debtor fails to file “all information required by 11 U.S.C. 521(a)(1)” within 45 days of filing.


4. If a case is not dismissed and a discharge is entered by the court, the debtor is prohibited from being granted another discharge in chapters 7 and 11 within six years.


5. Fraudulent information or acts by the debtor are grounds for denial of a discharge and may be punishable as a criminal offense.

A bankruptcy case number consists of the year of filing, the location where the case was filed (1 or 2 for Las Vegas, 3 for Reno cases filed prior to January 1, 2002, 5 for Reno cases filed since January 1, 2002) and four additional digits, and the initials of the judge assigned to the case.

Example:

BK-S 98-20180 LBR is a case filed in Las Vegas in 1998, followed by the five-digit case number, assigned to the Honorable Linda B. Riegle.

BK-S 04-12345 BAM is a case filed in Las Vegas in 2004, followed by the five digit case number, assigned to the Honorable Bruce A. Markell

BK-N 98-30054 GWZ is a case filed in Reno in 1998, followed by the five-digit case number, assigned to the Honorable Gregg W. Zive.

BK-N 02-50001 GWZ is a case filed in Reno in 2002, followed by the five-digit case number, assigned to the Honorable Gregg W. Zive.

A Notice of Appeal may be filed after an Order or Judgment has been entered in a case. In a Notice of Appeal, the party filing the appeal, the appellant, wishes to reverse the Order or Judgment granted in favor of the other party, the appellee. When an Appeal is filed in the District of Nevada, the matter is referred to the Bankruptcy Appellate Panel (BAP). The filing fee for a Notice of Appeal is $255.00.

Under 28 U.S.C. § 158, the circuit court may accept a direct appeal if the appropriate court or party certifies that direct appeal is necessary to resolve a matter of first impression, conflicting decisions, or public importance.

The Court's normal operating hours are from 9:00 a.m. to 4:00 p.m., Monday through Friday, except federal holidays. In emergency situations filings may be accepted at other times; however, a pre- approved appointment must be arranged. Contact the appropriate Intake office during operating hours to arrange for an emergency filing:

  Las Vegas: (702) 388-6257, (702) 388-6477 or (702) 388-6717
  Reno: (775) 784-5023 or (775) 785-5806

To retrieve case information or copies of documents from the Federal Records Center, you must obtain the Accession Number, Location Number and Box Number from the Clerk's Office at which the bankruptcy case was filed. You may obtain this information in person, by phone, or by writing to the Bankruptcy Clerk at the office where the petition was filed. A $45.00 fee is required for retrieval of the file.

For written requests, there is a $26.00 per document search fee in the form of either a bank cashier's check, a U.S. Postal money order or a personal check made payable to: United States Bankruptcy Court. No personal checks will be accepted from Debtors or Debtors in possession. Please include the case name, case number, filing date, and the title of the specific documents requested. In addition, please include your name, address and daytime telephone number.

Chapter 7: Often called the 'liquidation chapter,' Chapter 7 is used by individuals, partnerships, or corporations who have no hope for repairing their financial situation. In Chapter 7, the debtor's estate is liquidated under the rules of the Bankruptcy Code. Liquidation is the process through which the debtor's non-exempt property is sold for cash by a trustee and the cash is distributed to creditors.

Chapter 11: Often called the 'reorganization chapter,' Chapter 11 allows corporations, partnerships, and individuals to reorganize, without having to liquidate all assets. In filing a Chapter 11, the debtor presents a plan to creditors which, if accepted by the creditors and approved by the Court, will allow the debtor to reorganize personal, financial or business affairs and again become a financially productive individual or business.

Chapter 13 An individual with a regular income who is overcome by debts, but believes such debt can be repaid within a reasonable period of time, may file under Chapter 13 of the Bankruptcy Code. Chapter 13 permits the debtor to file a plan in which the debtor agrees to pay a certain percentage of future income to the Bankruptcy Court for payment to creditors. If the Court approves the plan, the debtor will be under the Court's protection while repaying such debts.

The Office of the U.S. Trustee is an Executive Branch agency that is part of the Department of Justice. Its responsibilities include monitoring the administration of bankruptcy cases and detecting bankruptcy fraud. It is also responsible for appointing interim trustees to administer Chapter 7 cases from a previously appointed panel of private individuals, lending support to and overseeing the Debtor-in-Possession in Chapter 11 cases, and appointing a standing trustee in Chapter 12 and Chapter 13 cases.

If you wish additional information regarding either the trustee program in general or individual trustees, you should contact the U.S. Trustee's Website or by calling:

For cases filed in Las Vegas:702-388-6600

For cases filed in Reno:702-784-5335

Clark County Legal Services
Clark County Legal Services in conjunction with the William S. Boyd School of Law and Nevada Legal Services provide a weekly bankruptcy Legal Education Class as a community service that is open to all members of the public. The classes provide legal information to the public about Bankruptcy Court procedures, rules, and Nevada law. They also provide a wide variety of the necessary forms to assist you with representing yourself in court. These classes are not intended to take the place of an attorney and we highly recommend that you consult with a private attorney before filing any court documents.

To find out more information and/or register for the class call (702) 386-1070 and enter extension 155. www.clarkcountylegal.com

Washoe Legal Services
Provides free assistance to low income residents of Washoe County, NV. To find out more information, call (775) 329-2727.
www.washoelegalservices.org

Where do I get a copy of the Local Rules?

In order to expedite the handling of complaints of criminal violations in the bankruptcy system, the United States Trustee requires that your complaint be submitted in a signed letter, bearing your return address and telephone number to:

For cases filed in Las Vegas:

Office of the United States Trustee
Special Investigations Unit
300 Las Vegas Blvd. South, Suite 4300
Las Vegas, Nevada 89101

For cases filed in Reno:

Office of the United States Trustee
Special Investigations Unit
300 Booth Street, Suite 2129
Reno, Nevada 89509

Upon receipt, your complaint will be reviewed promptly. If the information furnished establishes a reasonable belief that a criminal violation has occurred, the matter will be referred to the United States Attorney. If the United States Attorney deems the matter to hold prosecutorial merit, it will be referred to the appropriate law enforcement agency for investigation. A clearly written statement containing copies of any available documentation will expedite this process.

Submit the following information:

1) The bankruptcy case name and file number, together with copies of any pertinent court filings.
2) A chronological summary of the matter.
3) A narrative of what occurred.
4) Names, addresses and telephone numbers (to the extent available) of the subjects and witnesses known to you.

Once a bankruptcy petition is filed, all information submitted regarding the debtor or entity becomes a matter of public record, no matter what the outcome of the case. This information, which is regularly checked by credit companies, may affect the debtor's or entity's credit rating.