Central District Consumer Bankruptcy Attorney's Association

Reply-To: "MARIA W. TAM"
X-Original-Return-Path: "MARIA W. TAM"
To: cdcbaa@yahoogroups.com
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Thank you very much to Sam, Nicholas, Gerald and Kirk for
responding. Also, Nicholas, I have a number of clients who were arrested
and thrown into jail in Los Angeles because they owed Nevada casino debts.
Usually, clients will sign markers and then failed to pay. Then markers due
and bounced, and casino tendered case to Nevada DA office. Then DA filed
criminal case, case went by default, judgment entered and Nevada bench
warrant issued. Then eventually, it will be converted into a NCIC which
means bench warrant for the whole nation. One client was arrested at LAX
and thrown into mens central prison in Downtown LA when he flew back from
Taiwan. The second one was arrested during a traffic stop in LA and thrown
into jail. The third one, I told him to be careful, so he flew back from
the Philippines into Vancouver, Canada's airport. He planned to come back
into US by driving thru the Canadian border. He was arrested at the
Vancouver, Canada airport. For all of them, there were outstanding NCIC
bench warrants against them. Eventually, we have to negotiate settlement
or coughed up the full amount.
The Proof of Claim filing deadline has expired six months ago. Sam,
looks like you are the Expert in this type of case. I am very tempted to
take this up to Judge VZ. Can I just do a Motion for Sanction or do I need
to start an adversary case? I realize that the easiest way out is to do a
payment plan with them. But then, it means from here onwards, all the
clients that owe casino markers will have to cave in to the casinos. In
the past, I have been able to file CH 13 cases to take care of Nevada
casino debts as long as the markers are not due yet. After this case, the
Nevada DA knows as long as there are unpaid markers (regardless whether
they are due or not), the DA office can ignore the BK case (regardless of
CH 7 or Ch 13) and proceed with the criminal case. CH 13 lost a big chunk
of its value.
All comments, suggestions and advice are appreciated.
On Tue, May 10, 2016 at 8:51 AM, sam@southbaybk.com [cdcbaa] wrote:
>
>
> Filing a POC on their behalf will not stop the criminal prosecution
> and may result in an accounting/double payment problem.
>
>
Thank you very much to Sam, Nicholas, Gerald and Kirk for responding. Also, Nicholas, I have a number of clients who were arrested and thrown into jail in Los Angeles because they owed Nevada casino debts. Usually, clients will sign markers and then failed to pay. Then markers due and bounced, and casino tendered case to Nevada DA office. Then DA filed criminal case, case went by default, judgment entered and Nevada bench warrant issued. Then eventually, it will be converted into a NCIC which means bench warrant for the whole nation. One client was arrested at LAX and thrown into mens central prison in Downtown LA when he flew back from Taiwan. The second one was arrested during a traffic stop in LA and thrown into jail. The third one, I told him to be careful, so he flew back from the Philippines into Vancouver, Canada's airport. He planned to come back into US by driving thru the Canadian border. He was arrested at the Vancouver, Canada airport. For all of them, there were outstanding NCIC bench warrants against them. Eventually, we have to negotiate settlement or coughed up the full amount. The Proof of Claim filing deadline has expired six months ago. Sam, looks like you are the Expert in this type of case. I am very tempted to take this up to Judge VZ. Can I just do a Motion for Sanction or do I need to start an adversary case? I realize that the easiest way out is to do a payment plan with them. But then, it means from here onwards, all the clients that owe casino markers will have to cave in to the casinos. In the past, I have been able to file CH 13 cases to take care of Nevada casino debts as long as the markers are not due yet. After this case, the Nevada DA knows as long as there are unpaid markers (regardless whether they are due or not), the DA office can ignore the BK case (regardless of CH 7 or Ch 13) and proceed with the criminal case. CH 13 lost a big chunk of its value.
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Or file a POC on their behalf.
On May 9, 2016 1:11 PM, "sam@southbaybk.com [cdcbaa]" wrote:
>
>
> If you all ready have all of the other casino's filing POCs and apparently
> onboard with the chapter 13, then I would just have your client make a
> payment arrangement directly with the DA to resolve the difficult casino
> marker - as a resolution of a criminal proceeding. This will not violate
> the code.
>
>
Or file a POC on their behalf.
On May 9, 2016 1:11 PM, "sam@southbaybk.com [cdcbaa]" <cdcbaa@yahoogroups.com> wrote:
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Reply-To: "MARIA W. TAM"
X-Original-Return-Path: "MARIA W. TAM"
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Thank you to Kirk and Sam for responding to my post.
Sam, I want to ask you a follow up question. In my particular case,
my client filed for a 15% plan, all the other casinos will only be getting
15% distribution. Difficult Casino did not file a Proof of Claim even
though we did list Difficult Casino in Schedule F. Now the deadline to
file a Proof of Claim has expired and the plan was confirmed in January
2016 and the CH13 TR has been making distributions to the
casinos. Difficult Casino is not getting a dime from TR.
The amount owed to Difficult Casino is only $10K, so even with
interest, DA collection fees, it will not be too much. But if we start
caving in, what is to stop other casinos (that had already filed a POC in
client's CH13) to now go to the DA office and asked DA to prosecute
the markers (whether deposited or not) as a criminal case.
Also, I have obtained a letter from the bank showing that definitely
client's bank account was closed on July 1, 2015 and there is no indication
that Difficult Casino has tendered the check prior to the bank account
being closed.
I am inclined to file a Motion for Sanction against the
Nevada DA Office (case is before Judge VZ) on the ground that DA is
violating the automatic stay. But does my federal BK law trumps the Nevada
state law (DA cites Nevada Revised Statutes Section 205.130)?
Any input by all fellow attorney will be much appreciated.
On Tue, May 3, 2016 at 8:31 AM, sam@southbaybk.com [cdcbaa] wrote:
>
>
> I forgot to mention on my post that, in the few cases we ended up filing
> as 13s to pay back the markers, we also had to work with the Clark County
> DA Bad Check Collection Unit to defer prosecution until the markers were
> paid off through the plan. And they did indeed monitor those cases to
> insure that payments were coming in.
>
>
Thank you to Kirk and Sam for responding to my post.I want to ask you a follow up question. In my particular case, my client filed for a 15% plan, all the other casinos will only be getting 15% distribution. Difficult Casino did not file a Proof of Claim even though we did list Difficult Casino in Schedule F. Now the deadline to file a Proof of Claim has expired and the plan was confirmed in January 2016 and the CH13 TR has been making distributions to the casinos.Difficult Casino is not getting a dime from TR.K, so even with interest, DA collection fees, it will not be too much.ady filed a POC in client's CH13) to now go to the DA office and asked DAto prosecute themarkers (whether deposited or not)as a criminal case.ient's bank account was closed on July 1, 2015 and there is no indication that Difficult Casino has tendered the check prior to the bank account being closed.s violating the automatic stay. But does my federal BK law trumps the Nevada state law (DA cites Nevada Revised Statutes Section 205.130)? Any input by all fellow attorney will be much appreciated.On Tue, May 3, 2016 at 8:31 AM, sam@southbaybk.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
I forgot to mention on my post that, in the few cases we ended up filing as 13s to pay back the markers, we also had to work with the Clark County DA Bad Check Collection Unit to defer prosecution until the markers were paid off through the plan. And they did indeed monitor those cases to insure that

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