Legal Question in Bankruptcy in Nevada

How Best to Protect Myself

My wife and I are divorcing. We owe more on our home than it is worth. Neither of us can afford the house on a single income. What are my options? How can I protect my assets? As this is not a bakruptcy at this time, what type of lawyer could I get the best advice from?


Asked on 7/13/08, 1:01 pm

3 Answers from Attorneys

Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: How Best to Protect Myself

You want a bankruptcy lawyer who also knows a little divorce law. If you and your wife get along well enough and she is willing to file BK as well, maybe do a joint petition for BK before you divorce. I would live in the house, file the BK right before the foreclosure sale (presuming you can get another place to live lined up that does not care if you are in a BK. Do this by signing a lease before you file the BK and have the lease start three months later.

Look at NRS 21.090 for the exemptions (protect the assets) under the BK law.

Need to know more if you want to know your options. One Hundred Dollars for a 1/2 hour consult.

Read more
Answered on 7/13/08, 4:58 pm
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: How Best to Protect Myself

You want a bankruptcy lawyer who also knows a little divorce law. If you and your wife get along well enough and she is willing to file BK as well, maybe do a joint petition for BK before you divorce. I would live in the house, file the BK right before the foreclosure sale (presuming you can get another place to live lined up that does not care if you are in a BK. Do this by signing a lease before you file the BK and have the lease start three months later.

Look at NRS 21.090 for the exemptions (protect the assets) under the BK law.

Need to know more if you want to know your options. One Hundred Dollars for a 1/2 hour consult.

Read more
Answered on 7/13/08, 4:58 pm
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Re: How Best to Protect Myself

You want a bankruptcy lawyer who also knows a little divorce law. If you and your wife get along well enough and she is willing to file BK as well, maybe do a joint petition for BK before you divorce. I would live in the house, file the BK right before the foreclosure sale (presuming you can get another place to live lined up that does not care if you are in a BK. Do this by signing a lease before you file the BK and have the lease start three months later.

Look at NRS 21.090 for the exemptions (protect the assets) under the BK law.

Need to know more if you want to know your options. One Hundred Dollars for a 1/2 hour consult.

Read more
Answered on 7/13/08, 4:58 pm


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