Bankruptcy in Nevada (2026): Exemptions & Means Test

Bankruptcy is a federal process, but the property you can keep and the income limits that shape Chapter 7 eligibility turn on state law. Nevada is one of the states that requires filers to use its own exemptions rather than the federal list, and its homestead protection is one of the most generous fixed-dollar amounts in the country.

This guide is part of our Bankruptcy by State series. It is general legal information, not legal advice, and the dollar figures below change periodically, so confirm current amounts before you rely on them.

Does Nevada use state or federal bankruptcy exemptions?

Nevada uses its own exemptions. Under 11 U.S.C. 522(b)(2), each state may force its residents to use state exemptions, and Nevada has exercised that opt-out authority. NRS 21.090(3) states that the federal exemptions in section 522(d) of the Bankruptcy Code do not apply to Nevada residents unless those protections are also conferred by Nevada law. As a result, a Nevada filer builds an exemption claim from the state list in NRS 21.090 and NRS 115.010, not from 522(d).

Federal nonbankruptcy protections still apply on top of the state list. Social Security, most ERISA-qualified retirement plans, and certain federal benefits remain protected regardless of the opt-out. To claim Nevada's exemptions, the residency rules in 11 U.S.C. 522(b)(3) generally require domicile in Nevada for the 730 days before filing; otherwise an earlier state's exemptions may apply.

Nevada homestead exemption

Nevada's headline protection is the homestead exemption in NRS 115.010, which shields up to $605,000 of equity in a primary residence from most creditors. That figure has been raised by the legislature over the years, so older guides may understate it; the $605,000 amount is current as of mid-2026, and you should confirm the latest figure before relying on it.

Unlike Florida or Texas, where homestead equity is effectively unlimited, Nevada caps the protection at a dollar amount. One narrow exception exists: if a homeowner has established allodial title and not relinquished it, the exemption can extend to all equity in the dwelling and land.

The homestead is not automatic, and this is the step filers most often miss. NRS 115.020(1) requires the owner to declare an intention in writing to claim the property as a homestead, and NRS 115.020(3) requires that declaration to be signed, acknowledged, and recorded the way conveyances affecting real property are required to be acknowledged and recorded. A homeowner planning to file can have a Nevada lawyer confirm the Declaration of Homestead is recorded correctly in a free bankruptcy evaluation before filing (attorney advertising).

Record the Declaration of Homestead with the county recorder before you file, because a bankruptcy exemption claim under 11 U.S.C. 522(b)(3)(A) applies Nevada exemption law as written. County recorders and assessors supply the form, and the Clark County Assessor lists bankruptcy among the creditor claims a recorded declaration protects against. A separate and narrower provision, NRS 21.090(1)(m), reaches up to $605,000 of equity in a dwelling the judgment debtor occupies as a home that sits on land the debtor does not own.

Motor vehicle, wildcard, and personal property

Beyond the homestead, Nevada protects several specific categories under NRS 21.090:

• Motor vehicle: up to $15,000 of equity in one vehicle (NRS 21.090(1)(f)), with no dollar cap for a vehicle equipped to provide mobility for a person with a permanent disability (NRS 21.090(1)(p)).
• Wildcard: up to $10,000 in any personal property the filer selects, which cannot be applied to real estate (NRS 21.090(1)(z)).
• Household goods: necessary household goods, furnishings, electronics, wearing apparel, and yard equipment up to $12,000 in value (NRS 21.090(1)(b)).
• Tools of trade: the library, equipment, supplies, tools, and materials needed to carry on a trade or business, up to $10,000.
• Wages: for any workweek, NRS 21.090(1)(g) protects the greater of 82 percent of disposable earnings if the debtor's gross weekly salary or wage was $770 or less on the date the most recent writ of garnishment was issued (75 percent if it exceeded $770), or 50 times the federal minimum hourly wage. The statute's own carve-out says this exemption does not apply to an order for the support of any person, an order of a court of bankruptcy, or a debt due for any state or federal tax, subject to narrow exceptions in the same section.

Nevada also protects health aids, most public benefits, and a range of retirement accounts. Because Nevada offers both a high homestead and a sizeable wildcard, many filers keep all of their property.

The Chapter 7 means test in Nevada

The means test screens Chapter 7 filings for a presumption of abuse. The first step compares your household's average monthly income over the six months before filing, annualized, to the Nevada median family income for your household size as published by the U.S. Trustee Program. If you are at or below the median, there is no presumption of abuse and you do not need to complete Form 122A-2, but that alone does not make you eligible for Chapter 7. If you are above it, a second calculation of disposable income decides whether a presumption of abuse arises or you are steered toward Chapter 13.

For cases filed on or after July 15, 2026, the Nevada median family income figures are:

Add $11,100 for each additional person beyond four. These figures apply only to cases filed on or after July 15, 2026, and the U.S. Trustee Program revises them about twice a year, so confirm the figures for your filing date.

Chapter 7 vs. Chapter 13 and the automatic stay

Chapter 7 is liquidation. A trustee may sell non-exempt property to pay creditors, and most remaining unsecured debt is discharged, usually within about four to six months. Because Nevada's homestead protects up to $605,000 and the wildcard reaches $10,000, many filers keep everything they own.

Chapter 13 is reorganization. You keep your property and repay some or all of what you owe through a court-approved plan lasting three to five years. It is often used by homeowners behind on a mortgage, because the plan can cure the arrears over time, and by filers whose income is above the median.

Filing either chapter triggers the automatic stay under 11 U.S.C. 362, which immediately halts most collection efforts, including foreclosure sales, wage garnishment, repossession, and collection calls, while the case proceeds.

Where you file in Nevada

Nevada is a single federal judicial district, so all cases go to the U.S. Bankruptcy Court for the District of Nevada. The court maintains courthouses in Las Vegas (serving the southern counties) and Reno (serving the northern counties). You file based on where you have lived for the greater part of the last 180 days. Federal law requires an approved credit-counseling course before you file and a debtor-education course before discharge.

What bankruptcy can and cannot do

Most unsecured debts, such as credit cards, medical bills, and personal loans, are dischargeable. Several categories generally are not, including most student loans (absent a separate showing of undue hardship), recent income taxes, domestic-support obligations like child support and alimony, and debts arising from fraud. Secured debts like a mortgage or car loan continue if you keep the collateral and keep paying. Because exemption amounts and means-test figures shift, many filers consult a licensed Nevada bankruptcy attorney before deciding.

Frequently Asked Questions

Does Nevada use state or federal bankruptcy exemptions?

Nevada uses state exemptions. It has opted out of the federal exemptions under 11 U.S.C. 522(b)(2), and NRS 21.090(3) confirms that the federal 522(d) list does not apply to Nevada residents. Filers claim the Nevada exemptions in NRS 21.090 and the homestead in NRS 115.010. Federal nonbankruptcy protections like Social Security and ERISA-qualified retirement plans still apply.

What is the homestead exemption in Nevada?

Nevada's homestead exemption under NRS 115.010 protects up to $605,000 of equity in a primary residence, one of the highest fixed-dollar homesteads in the country. It is not automatic: NRS 115.020 requires a written Declaration of Homestead, signed, acknowledged, and recorded with the county recorder, and it should be recorded before you file. Equity can be unlimited only where allodial title has been established and not relinquished.

What is the Nevada median income for the means test?

For cases filed on or after July 15, 2026, the U.S. Trustee Program lists Nevada median family income as $72,222 for one earner, $87,914 for two, $101,638 for three, and $114,110 for four, plus $11,100 for each additional person. These figures update about twice a year.

How much car equity can I protect in a Nevada bankruptcy?

Nevada exempts up to $15,000 of equity in one motor vehicle under NRS 21.090(1)(f), with no dollar cap for a vehicle equipped to provide mobility for a person with a permanent disability under NRS 21.090(1)(p). If a vehicle has more equity than that, the $10,000 wildcard can sometimes cover part of the excess.

Will I lose my house if I file bankruptcy in Nevada?

Not automatically. Nevada's homestead protects up to $605,000 of equity, which covers most homeowners who stay current on the mortgage, but that protection depends on a Declaration of Homestead recorded with the county recorder under NRS 115.020, so record it before you file. A homeowner with equity above the exemption should consider whether Chapter 13 is a better fit. This is general information, not advice about your situation.

Where do I file for bankruptcy in Nevada?

In the U.S. Bankruptcy Court for the District of Nevada, which has courthouses in Las Vegas for the southern counties and Reno for the northern counties. Nevada is a single federal district. You file where you have lived for most of the past 180 days, after completing approved credit counseling.

What debts cannot be discharged in a Nevada bankruptcy?

Bankruptcy is federal, so the non-dischargeable categories are the same nationwide. They generally include most student loans, recent income taxes, child support and alimony, and debts arising from fraud or willful injury. Most credit card and medical debt is dischargeable.

Does Nevada have a wildcard exemption?

Yes. NRS 21.090(1)(z) provides a $10,000 wildcard that can be applied to any personal property the filer chooses, though not to real estate. It is often used to protect cash, a tax refund, or other property the specific exemptions do not reach.