Filing Chapter 7 Bankruptcy in Nevada (2026)
Reviewed by DocDraft Legal Team · Nevada · Last updated August 18, 2026
Chapter 7 bankruptcy is federal law, but the property you keep is set by Nevada. Nevada is an opt-out state: under NRS 21.090(3) you must use Nevada's exemptions and cannot choose the federal 522(d) list. Nevada is notably generous, with a homestead exemption up to $605,000 under NRS 115.010 and a $15,000 motor vehicle exemption. This page explains Nevada's homestead, vehicle, and wildcard figures, the means-test median income, and the single federal bankruptcy court where Nevadans file. Chapter 7 discharges most unsecured debt but not most student loans, recent taxes, or child and spousal support.
Does Nevada use state or federal bankruptcy exemptions?
Nevada is an opt-out state. Under NRS 21.090(3), Nevada residents must use Nevada's exemptions and cannot elect the federal 11 U.S.C. 522(d) list. Unlike the roughly sixteen choice states, Nevada gives you no option to pick federal exemptions, so your protected property is governed entirely by Nevada statute.
Can I keep my house if I file Chapter 7 in Nevada?
Often yes. Nevada's homestead exemption under NRS 115.010 protects up to $605,000 of equity in your primary residence, one of the most generous in the country. If your home equity fits within that amount, Chapter 7 generally lets you keep the house. You should record a homestead declaration to secure the protection.
Can I keep my car if I file Chapter 7 in Nevada?
Usually yes if your equity is modest. Nevada exempts $15,000 of motor vehicle equity under NRS 21.090(1)(f), higher than many states. If your car equity is at or below that figure, the vehicle is protected. There is no equity cap when the vehicle is equipped to serve a person with a disability.
What is the income limit to file Chapter 7 in Nevada?
For cases filed on or after July 15, 2026, the U.S. Trustee median income figures for Nevada are $72,222 for one earner, $87,914 for two, $101,638 for three, and $114,110 for four, adding $11,100 per additional person. At or below your household figure, you pass the first part of the means test.
Nevada's Opt-Out Rule, the $605,000 Homestead, and the District of Nevada
Nevada is a bankruptcy opt-out state. Under NRS 21.090(3), a debtor filing in Nevada must use Nevada's exemptions and cannot choose the federal 11 U.S.C. 522(d) set. What makes Nevada stand out is how generous those state exemptions are. The homestead exemption under NRS 115.010 protects up to $605,000 of equity in a primary residence, among the highest fixed-dollar homesteads in the nation. The motor vehicle exemption under NRS 21.090(1)(f) is $15,000, well above the typical state figure, with no cap when the vehicle is equipped for a person with a disability. Nevada also provides a $10,000 wildcard for personal property under NRS 21.090(1)(z), up to $10,000 in tools of trade under NRS 21.090(1)(d), and strong wage protection under NRS 21.090(1)(g). Because Nevada is a single-district state, all Nevadans file in the U.S. Bankruptcy Court for the District of Nevada, which sits in Las Vegas and Reno, based on where they have lived for most of the prior 180 days.
Relevant Laws
Nevada Homestead Exemption (NRS 115.010)
Sets the homestead exemption at up to $605,000 of equity in a primary residence, one of the highest fixed-dollar homesteads in the nation. This is the exemption that lets many Nevada homeowners keep their house in Chapter 7. Recording a homestead declaration secures the protection.
Nevada Exemptions and Federal Opt-Out (NRS 21.090)
Lists Nevada's property exemptions and, in subsection 3, opts out of the federal 11 U.S.C. 522(d) exemptions so that Nevada residents must use the state set. This statute also carries the vehicle, wildcard, wage, tools-of-trade, and retirement exemptions.
Nevada Vehicle and Wildcard Exemptions (NRS 21.090(1)(f), (z))
Subsection (1)(f) exempts $15,000 of motor vehicle equity, with no cap for a vehicle equipped for a person with a disability. Subsection (1)(z) provides a $10,000 wildcard applicable to personal property of the debtor's choosing.
Federal Bankruptcy Code Exemptions and Means Test (11 U.S.C. 522, 707)
The federal law behind Chapter 7. Section 522(b)(2) lets a state opt out of the federal 522(d) exemptions, which Nevada has done under NRS 21.090(3), and section 707(b) sets the means test measured against state median income.
Regional Variances
Nevada Chapter 7 Exemption Table
Homestead
NRS 115.010: up to $605,000 of equity in a primary residence, among the most generous in the nation. Record a homestead declaration with the county recorder to secure the fullest protection. The exemption does not defeat a mortgage or a valid tax lien.
Motor vehicle
NRS 21.090(1)(f): $15,000 of equity in one motor vehicle. There is no dollar cap when the vehicle is specially equipped to provide mobility for a person with a permanent disability. Equity above the figure may be reachable by the trustee.
Wildcard
NRS 21.090(1)(z): up to $10,000 in personal property of any kind chosen by the debtor. This flexible exemption can protect cash, a second vehicle's equity, or other assets that no specific exemption covers.
Personal property
NRS 21.090 exempts household goods, furniture, appliances, clothing, and personal effects up to $12,000, plus items such as one gun, family keepsakes, and health aids. A separate provision protects a portion of the equity in a private library, works of art, and jewelry.
Wages
NRS 21.090(1)(g): for each week, the greater of 82 percent of disposable earnings or 50 times the federal minimum hourly wage is exempt, with courts able to exempt more for low-income debtors. This is stronger than the ordinary federal garnishment cap.
Retirement and tools
NRS 21.090(1)(r) exempts retirement accounts, including IRAs, up to the limit set by statute, and ERISA-qualified plans are separately excluded from the estate under federal law. Tools of trade, including a library, equipment, and supplies, are exempt up to $10,000 under NRS 21.090(1)(d).
Suggested Compliance Checklist
Confirm the current Nevada means-test median income
Before you file days after startingCheck your household size against the U.S. Trustee Nevada median income figures in effect on your filing date, since these update periodically. For cases filed on or after July 15, 2026 the figures are $72,222 for one, $87,914 for two, $101,638 for three, and $114,110 for four, adding $11,100 per additional person.
Complete the pre-filing credit counseling course
Within 180 days before filing days after startingTake an approved credit counseling course from a provider authorized for the District of Nevada and keep the certificate. You must file it with your petition. Skipping this can get your case dismissed before your debts are addressed.
Record a homestead declaration and value your assets
Before preparing your schedules days after startingRecord a homestead declaration with your county recorder to secure the NRS 115.010 homestead, then value your home, vehicle, and personal property so you can match each asset to the correct Nevada exemption. Nevada is opt-out, so you cannot elect the federal 522(d) set.
Prepare and file your petition and schedules
Filing day days after startingFile your petition, schedules, and exemption claims in the U.S. Bankruptcy Court for the District of Nevada, in the Las Vegas or Reno division based on where you have lived for most of the prior 180 days. Filing triggers the automatic stay that pauses collection and garnishment.
Attend the 341 meeting and finish the debtor education course
Before discharge days after startingAttend the 341 meeting of creditors and answer the trustee's questions under oath, then complete the required post-filing financial management course and file the certificate. Both are required before the court will grant your discharge. An attorney can help with contested exemptions.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm the current Nevada means-test median income | Check your household size against the U.S. Trustee Nevada median income figures in effect on your filing date, since these update periodically. For cases filed on or after July 15, 2026 the figures are $72,222 for one, $87,914 for two, $101,638 for three, and $114,110 for four, adding $11,100 per additional person. | - | Before you file |
| Complete the pre-filing credit counseling course | Take an approved credit counseling course from a provider authorized for the District of Nevada and keep the certificate. You must file it with your petition. Skipping this can get your case dismissed before your debts are addressed. | - | Within 180 days before filing |
| Record a homestead declaration and value your assets | Record a homestead declaration with your county recorder to secure the NRS 115.010 homestead, then value your home, vehicle, and personal property so you can match each asset to the correct Nevada exemption. Nevada is opt-out, so you cannot elect the federal 522(d) set. | - | Before preparing your schedules |
| Prepare and file your petition and schedules | File your petition, schedules, and exemption claims in the U.S. Bankruptcy Court for the District of Nevada, in the Las Vegas or Reno division based on where you have lived for most of the prior 180 days. Filing triggers the automatic stay that pauses collection and garnishment. | - | Filing day |
| Attend the 341 meeting and finish the debtor education course | Attend the 341 meeting of creditors and answer the trustee's questions under oath, then complete the required post-filing financial management course and file the certificate. Both are required before the court will grant your discharge. An attorney can help with contested exemptions. | - | Before discharge |
Frequently Asked Questions
Under NRS 115.010, Nevada's homestead exemption protects up to $605,000 of equity in your primary residence, one of the most generous in the country. To secure the fullest protection you should record a homestead declaration with the county recorder. The exemption does not shield you from a mortgage or a valid tax lien on the home.
Nevada exempts $15,000 of equity in one motor vehicle under NRS 21.090(1)(f), higher than the exemption in many states. If your equity is at or below that figure, you keep the vehicle. There is no dollar cap when the vehicle is specially equipped or modified to provide mobility for a person with a permanent disability.
Nevada wage protection under NRS 21.090(1)(g) is strong. For each week, the exempt amount is the greater of 82 percent of disposable earnings or 50 times the federal minimum hourly wage, and courts may exempt more for low-income debtors. This limits how much a creditor could have garnished before you filed.
No. Chapter 7 discharges most unsecured debt like credit cards and medical bills, but it does not erase most student loans, recent income taxes, child support, or spousal support, and it will not discharge debts from fraud. Secured debts like a car loan remain unless you surrender the collateral or reaffirm the loan.
Nevada is a single-district state, so you file in the U.S. Bankruptcy Court for the District of Nevada. The court holds proceedings in Las Vegas for southern Nevada and in Reno for northern Nevada. You file where you have lived for most of the prior 180 days, and the assigned division follows your county of residence.
Other Nevada guides
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