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Nevada DA criminal case for gambling debt and Chapter 13
The last time I dealt with the Clark County DA, they had put out a warrant
for my client's arrest while he was in Chapter 7.
He was stopped on a traffic violation in Arizona and promptly jailed.
His father had to pay off the Clark County DA to get him released.
I can't tell you if CA will enforce one of these NV warrants.
Gerry
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The post was migrated from Yahoo.
I'm licensed in Nevada but haven't had to deal with this yet. I warn
potential clients with gambling debts in Nevada that not paying markers may
lead to criminal prosecution in Nevada despite the debts being
dischargeable. The potential clients can then decide what they want to do.
On Fri, Apr 29, 2016 at 6:19 PM, 'MARIA W. TAM' TAMMAILBOX@GMAIL.COM
[cdcbaa] wrote:
>
>
> Hi, listmates:
>
> This is a Chapter 13 BK case interacting with Nevada Casino debt. Client
> signed a bunch casino markers and lost approximately $80K at eight Nevada
> casinos. Client filed for CH 13 in LA on July 3, 2015. On the same day of
> filing, I faxed written notice to all casinos and attached a copy of the
> e-filing receipt telling them that they cannot collect any more pursuant to
> BK law. Seven casinos filed Proof of Claim in the CH 13 case. Difficult
> Casino did not file a Proof of Claim for the $10,000 owed to them but
> instead tender their case to the Nevada DA office.
>
> TIMELINE:
>
> Some time in May or June 2015 - client signed a marker of Difficult Casino
>
> June 12, 2015 - Difficult Casino sent client notice saying that the marker
> will be due 30 days later on July 13, 2015
>
> July 1, 2015 - Client closed bank account.
>
> July 3, 2015 - Client filed CH 13 and attorney faxed notice to Difficult
> Casino re CH 13 BK.
>
> August 31, 2015 - Nevada DA commenced criminal case against client for
> writing fraudulent checks. DA cites Nevada Revised Statutes Section 205.130.
>
> I have sent a written letter telling the Nevada DA office that they have
> no right to deposit the check after the client has filed for CH 13. DA
> office told me that it is irrelevant whether they did or did not deposit
> the check. But the test is "at the time the client wrote the check whether
> she has the intent or the funds in the bank account". DA also cited the
> following cases:
>
> 1. In re Byrd (Bankr E.D.N.C. 2000)
>
> 2. In re Fidler v. Donahue, 44 B.R. 763 (2010)
>
> ANALYSIS:
>
> I have read both cases and I think that they are both distinguishable from
> my case. However the Fidler case cited a Ninth Circuit decision Gruntz v.
> County of Los Angeles, 202 F.3d 1074 (Ninth Cir 2000) which may make the LA
> BK court judge decide to side with the Nevada DA office.
> MOST IMPORTANT POINT AND MY STRONGEST ARGUMENT: Clients Chapter 13 case
> was filed (filing date: July 3, 2015) before the marker for Difficult
> Casino is due (due date is July 13, 2015). My understanding is that until
> the check is being deposited and returned due to NSF, there is no criminal
> case for writing bad checks.
>
> Has any body fought the Nevada DA office on this issue?
>
> Any thoughts or comments will be appreciated.
>
>
>
Kirk Brennan
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The post was migrated from Yahoo.
Reply-To: "MARIA W. TAM"
X-Original-Return-Path: "MARIA W. TAM"
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Hi, listmates:
This is a Chapter 13 BK case interacting with Nevada Casino debt. Client
signed a bunch casino markers and lost approximately $80K at eight Nevada
casinos. Client filed for CH 13 in LA on July 3, 2015. On the same day of
filing, I faxed written notice to all casinos and attached a copy of the
e-filing receipt telling them that they cannot collect any more pursuant to
BK law. Seven casinos filed Proof of Claim in the CH 13 case. Difficult
Casino did not file a Proof of Claim for the $10,000 owed to them but
instead tender their case to the Nevada DA office.
TIMELINE:
Some time in May or June 2015 - client signed a marker of Difficult Casino
June 12, 2015 - Difficult Casino sent client notice saying that the marker
will be due 30 days later on July 13, 2015
July 1, 2015 - Client closed bank account.
July 3, 2015 - Client filed CH 13 and attorney faxed notice to Difficult
Casino re CH 13 BK.
August 31, 2015 - Nevada DA commenced criminal case against client for
writing fraudulent checks. DA cites Nevada Revised Statutes Section 205.130.
I have sent a written letter telling the Nevada DA office that they have no
right to deposit the check after the client has filed for CH 13. DA office
told me that it is irrelevant whether they did or did not deposit the
check. But the test is "at the time the client wrote the check whether she
has the intent or the funds in the bank account". DA also cited the
following cases:
1. In re Byrd (Bankr E.D.N.C. 2000)
2. In re Fidler v. Donahue, 44 B.R. 763 (2010)
ANALYSIS:
I have read both cases and I think that they are both distinguishable from
my case. However the Fidler case cited a Ninth Circuit decision Gruntz v.
County of Los Angeles, 202 F.3d 1074 (Ninth Cir 2000) which may make the LA
BK court judge decide to side with the Nevada DA office.
MOST IMPORTANT POINT AND MY STRONGEST ARGUMENT: Clients Chapter 13 case
was filed (filing date: July 3, 2015) before the marker for Difficult
Casino is due (due date is July 13, 2015). My understanding is that until
the check is being deposited and returned due to NSF, there is no criminal
case for writing bad checks.
Has any body fought the Nevada DA office on this issue?
Any thoughts or comments will be appreciated.
Hi, listmates:
This is a Chapter 13 BK case interacting with Nevada Casino debt. Client signed a bunch casino markers and lost approximately $80K at eight Nevada casinos. Client filed for CH 13 in LA on July 3, 2015. On the same day of filing, I faxed written notice to all casinos and attached a copy of the e-filing receipt telling them that they cannot collect any more pursuant to BK law. Seven casinos filed Proof of Claim in the CH 13 case. Difficult Casino did not file a Proof of Claim for the $10,000 owed to them but instead tender their case to the Nevada DA office.
TIMELINE:
Some time in May or June 2015 - client signed a marker of Difficult Casino
June 12, 2015 - Difficult Casino sent client notice saying that the marker will be due 30 days later on July 13, 2015
July 1, 2015 - Client closed bank account.
July 3, 2015 - Client filed CH 13 and attorney faxed notice to Difficult Casino re CH 13 BK.
August 31, 2015 - Nevada DA commenced criminal case against client for writing fraudulent checks. DA cites Nevada Revised Statutes Section 205.130.
I have sent a written letter telling the Nevada DA office that they have no right to deposit the check after the client has filed for CH 13. DA office told me that it is irrelevant whether they did or did not deposit the check. But the test is "at the time the client wrote the check whether she has the intent or the funds in the bank account". DA also cited the following cases:
1. In re Byrd (Bankr E.D.N.C. 2000)
2. In re Fidler v. Donahue, 44 B.R. 763 (2010)
ANALYSIS:
I have read both cases and I think that they are both distinguishable from my case. However the Fidler case cited aNinth Circuit decision Gruntz v. County of Los Angeles, 202 F.3d 1074 (Ninth Cir 2000) which may make the LA BK court judge decide to side with the Nevada DA office.MOST IMPORTANT POINT AND MY STRONGEST ARGUMENT: Clientrker for Difficult Casino is due (due date is July 13, 2015). My understanding is that until the check is being deposited and returned due to NSF, there is no criminal case for writing bad checks.r>Any thoughts or comments will be appreciated.
The post was migrated from Yahoo.
X-Original-Return-Path: "MARIA W. TAM"
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Hi, listmates:
This is a Chapter 13 BK case interacting with Nevada Casino debt. Client
signed a bunch casino markers and lost approximately $80K at eight Nevada
casinos. Client filed for CH 13 in LA on July 3, 2015. On the same day of
filing, I faxed written notice to all casinos and attached a copy of the
e-filing receipt telling them that they cannot collect any more pursuant to
BK law. Seven casinos filed Proof of Claim in the CH 13 case. Difficult
Casino did not file a Proof of Claim for the $10,000 owed to them but
instead tender their case to the Nevada DA office.
TIMELINE:
Some time in May or June 2015 - client signed a marker of Difficult Casino
June 12, 2015 - Difficult Casino sent client notice saying that the marker
will be due 30 days later on July 13, 2015
July 1, 2015 - Client closed bank account.
July 3, 2015 - Client filed CH 13 and attorney faxed notice to Difficult
Casino re CH 13 BK.
August 31, 2015 - Nevada DA commenced criminal case against client for
writing fraudulent checks. DA cites Nevada Revised Statutes Section 205.130.
I have sent a written letter telling the Nevada DA office that they have no
right to deposit the check after the client has filed for CH 13. DA office
told me that it is irrelevant whether they did or did not deposit the
check. But the test is "at the time the client wrote the check whether she
has the intent or the funds in the bank account". DA also cited the
following cases:
1. In re Byrd (Bankr E.D.N.C. 2000)
2. In re Fidler v. Donahue, 44 B.R. 763 (2010)
ANALYSIS:
I have read both cases and I think that they are both distinguishable from
my case. However the Fidler case cited a Ninth Circuit decision Gruntz v.
County of Los Angeles, 202 F.3d 1074 (Ninth Cir 2000) which may make the LA
BK court judge decide to side with the Nevada DA office.
MOST IMPORTANT POINT AND MY STRONGEST ARGUMENT: Clients Chapter 13 case
was filed (filing date: July 3, 2015) before the marker for Difficult
Casino is due (due date is July 13, 2015). My understanding is that until
the check is being deposited and returned due to NSF, there is no criminal
case for writing bad checks.
Has any body fought the Nevada DA office on this issue?
Any thoughts or comments will be appreciated.
Hi, listmates:
This is a Chapter 13 BK case interacting with Nevada Casino debt. Client signed a bunch casino markers and lost approximately $80K at eight Nevada casinos. Client filed for CH 13 in LA on July 3, 2015. On the same day of filing, I faxed written notice to all casinos and attached a copy of the e-filing receipt telling them that they cannot collect any more pursuant to BK law. Seven casinos filed Proof of Claim in the CH 13 case. Difficult Casino did not file a Proof of Claim for the $10,000 owed to them but instead tender their case to the Nevada DA office.
TIMELINE:
Some time in May or June 2015 - client signed a marker of Difficult Casino
June 12, 2015 - Difficult Casino sent client notice saying that the marker will be due 30 days later on July 13, 2015
July 1, 2015 - Client closed bank account.
July 3, 2015 - Client filed CH 13 and attorney faxed notice to Difficult Casino re CH 13 BK.
August 31, 2015 - Nevada DA commenced criminal case against client for writing fraudulent checks. DA cites Nevada Revised Statutes Section 205.130.
I have sent a written letter telling the Nevada DA office that they have no right to deposit the check after the client has filed for CH 13. DA office told me that it is irrelevant whether they did or did not deposit the check. But the test is "at the time the client wrote the check whether she has the intent or the funds in the bank account". DA also cited the following cases:
1. In re Byrd (Bankr E.D.N.C. 2000)
2. In re Fidler v. Donahue, 44 B.R. 763 (2010)
ANALYSIS:
I have read both cases and I think that they are both distinguishable from my case. However the Fidler case cited aNinth Circuit decision Gruntz v. County of Los Angeles, 202 F.3d 1074 (Ninth Cir 2000) which may make the LA BK court judge decide to side with the Nevada DA office.MOST IMPORTANT POINT AND MY STRONGEST ARGUMENT: Clientrker for Difficult Casino is due (due date is July 13, 2015). My understanding is that until the check is being deposited and returned due to NSF, there is no criminal case for writing bad checks.r>Any thoughts or comments will be appreciated.
The post was migrated from Yahoo.