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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