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Vegas casino debt conviction
Under Kelly test, it may or may not become a civil restitution save this
for a later discussion in the future.
Here the confusing part.
The Nevada Court NRS 176A.850 Honorable discharge from probation: When
granted; restoration of civil rights; effect; documentation states among
other things, 2) Any amount of restitution remaining unpaid constitutes a
civil liability arising upon the date of discharge [discharge of probation,
not the BK discharge].
The above mention of civil liability sure sounds like it is making the
restitution a civil one, not a penal one. Or at least something that casino
has to make a civil lawsuit to collect?
Any more thoughts on this or anyone had a matter like this?
Sun N. Han,
Attorney at Law
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Client owed ton of money on markers, did not pay them. One casino went after him in civil action, got the money judgment, which would be dischargeable in BK.
Second casino referred it to the DA in Clark County, got the conviction and got 3 yrs formal probation and restitution order. Defendant is broke, so he was paying $100/mo for past 3 yrs.
Now the formal probation is over, the treasury in Clark County sent letter wanting the balance paid up (about $90k, but Defendant cannot pay).
The probation termination motion by the DA states that he can't pay so that he was on a monthly payment plan, and the balance still exists. But judge did t mention anything about the balance, rather, the ct terminated the probation honorably.
Is this now a money matter that can be discharged in BK or is it still a gov't fine that can't be dischargeable?
Anyone had situation like this?
Thx in advance.
Sun Han
L. O. of Sun Han
213-385-1777
The post was migrated from Yahoo.