After You File

Automatic Stay

After you have filed your petition with the Clerk's Office, the court will issue a restraining order called the "Automatic Stay". The order restrains creditors from taking certain actions against you, the debtor, who has declared bankruptcy. Under Section 362 of the United States Bankruptcy Code, 11 U.S.C. § 362, most proceedings against the debtor are stayed once the bankruptcy petition is filed. The creditor is not permitted to begin or continue any efforts to collect the debt owed by the person or entity who has filed bankruptcy.

Attend § 341(a) Meeting

You will be required to attend a § 341(a) meeting. This meeting is presided over by the trustee assigned to the bankruptcy case and is considered a meeting of creditors. The appointed trustee locates and controls the debtor's nonexempt assets and works to reduce those assets to cash for disbursement to the creditors.  This meeting is held approximately 40 days after the new petition is filed. A debtor is required to appear and testify under oath about his/her assets/liabilities. Failure to appear may result in dismissal of your case.

Government-issued photo identification and proof of Social Security Number are required for this meeting.

§ 341 Meeting Room Locations

Foley Federal Building and U.S. Courthouse
300 Las Vegas Boulevard S.
Room 1500
Las Vegas, NV 89101
Map (external link)

C. Clifton Young Federal Building
300 Booth Street
Room 3024
Reno, NV 89509
Map (external link)

Elko City Council Chamber
1751 College Avenue
Elko, NV 89801
Map (external link)

Complete Debtor Education

Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), debtors are required to complete debtor education. Individual debtors and each spouse (in a joint petition) must complete a financial management course from an approved provider in order to meet discharge eligibility. Once complete, the debtor must submit Form 423: Certification About a Financial Management Course.

Keep the Court Notified of Address Changes

In the event you move to a new address during your bankruptcy case, it is imperative the court is notified. Notifying the court will enable the court to notify you of matters involving your case. You may notify the court by completing a Change of Address Form and submitting it to the Clerk's Office either in person or by mail.