Someone entitled to an asset's use during one's lifetime, named as a beneficiary
Bankruptcy Court for the District of Nevada Court Cases
In Re Slusher (2007)
Donald Slusher, a carpenter, filed for chapter 13 bankruptcy protection on March 17, 2006. With his petition, Mr. Slusher filed his Schedules I & J, which contained statements of his current income and current expenditures. These showed monthly income and expenses of $3,739.82 and $1,285, respectively, for a monthly net income of $2,454.82.
Court: Bankruptcy Court for the District of Nevada Docket: BE-S-06-10435-BAM
In Re Okosisi (2011)Stephen C. Okosisi and Susan O. Nwogbe (the "Debtors") filed for chapter 13 bankruptcy after having previously received a discharge in chapter 7. The Debtors admit they are not eligible for a discharge in this chapter 13 case; however, they are still seeking to reorganize through bankruptcy. Earlier in the case, the court granted the Debtors' motion to avoid the second priority, and wholly unsecured, lien on their primary residence. They now seek to confirm a plan which incorporates this [...]
Court: Bankruptcy Court for the District of Nevada Docket: BK-S-09-27113-BAM
In Re Shat (2010)
Martin and Anjanette Shat ("Debtors") filed for bankruptcy protection under chapter 11 on November 5, 2008. On August 20, 2009, they filed their Third Amended Plan of Reorganization ("Plan"), which the court orally confirmed on October 13, 2009.
Court: Bankruptcy Court for the District of Nevada Docket: BK-S-08-23136-BAM
Western World Funding, Inc. filed its petition under Chapter 11 of the Bankruptcy Code on June 16, 1982, and was soon joined by the other above-named debtors. The Trustee was appointed by Order dated July 6, 1982, and the Trustee's motion for joint administration was granted on July 8, 1982. Sometime later, on April 5, 1983, these cases were converted to Chapter 7 and substantively consolidated.
Court: Bankruptcy Court for the District of Nevada Docket: Bankruptcy Nos. 82-477, 82-508, 82-517, 82-507 and 82-478, Adv. No. 82-214
In Re Schultz (1985)Plaintiffslocal labor unions and trustees of various union benefit fundsfiled this adversary proceeding to determine the dischargeability of debts incurred by Schultz while engaged in the business of construction contracting. The dispute centers principally on the proper interpretation on Nevada's "contractor embezzlement" statuteNev.Rev.Stat. § 205.310and its relationship to Bankruptcy Code § 523(a)(4), which excepts from discharge certain debts incurred in a fiduciary capacity, for [...]
Court: Bankruptcy Court for the District of Nevada Docket: Bankruptcy No. 83-747, Adv. No. 83-393
In Re Trejos (2006)
Gerardo and Christina Trejos bought a used 2002 Volkswagen Passat from Desert Volkswagen on July 5, 2005. The purchase price was $18,701.40, which included $995 for an extended warranty. Desert Volkswagen agreed to finance the purchase, after a $1,000 down payment, at 13.35% over 60 months. The monthly payment was set at $408.16.
Court: Bankruptcy Court for the District of Nevada Docket: BK-S-06-10231-LBR
In Re Ewers (2007)
At issue is the post-BAPCPA interplay between § 1325(b)(4) and § 1329(a)(2) of the Bankruptcy Code, and the question of whether debtors who have a 5-year applicable commitment period can modify their plan to 3 years without paying unsecured creditors in full. This court holds they can, so long as the requirements of 11 U.S.C. § 1329(b) are satisfied, which includes the requirement of good faith.
Court: Bankruptcy Court for the District of Nevada Docket: BK-S-06-10179-LBR
In Re Kane (2006)
The debtors in this case, Steven and Linda Siegel Kane, filed a chapter 7 bankruptcy on July 29, 2005. In their schedules, they listed a home in Las Vegas worth $318,000, and noted that it was subject to a $158,000 mortgage, leaving them some $160,000 in equity. Their current schedules claim a homestead exemption in the entire amount of this equity under Nevada law.
Court: Bankruptcy Court for the District of Nevada Docket: BK-S-05-17401-BAM
Edward Bernard, Carson City, Nev., Terrill R. Dory, Reno, Nev., Paul W. Freitag, Sparks, Nev., H. Rodlin Goff, Reno, Nev., Rebecca A. Harold, Fernley, Nev., Charles M. Kilpatrick, Carson City, Nev., William M. O'Mara, Frank W. Thompson, F. Harvey Whittemore, Reno, Nev., for defendants.
Court: Bankruptcy Court for the District of Nevada Docket: Bankruptcy Nos. 82-477, 82-508, 82-517, 82-507 and 82-478, Adv. No. 84-44
In Re Atkinson (1986)Creditors Horman and others have moved to reopen this case for the purpose of administering for the benefit of all creditors, a previously "unadministered" asset consisting of the debtors' lawsuit against the Church of Jesus Christ of Latter-Day Saints (LDS) and Brigham Young University (BYU). This suit was pending in the Orange County Superior Court of California when the bankruptcy petition was filed. The trustee, Diane Moseley, decided not to pursue this litigation on behalf of the [...]
Court: Bankruptcy Court for the District of Nevada Docket: Bankruptcy No. BK-R-82-00864
National Audit Defense Network ("NADN" or "debtor") engaged in the selling of tax shelters and other products designed to take advantage of people's disdain for paying taxes. Its products were close to worthless, leading ultimately not only to this bankruptcy on June 11, 2003, but to a permanent injunction against NADN's further dissemination of taxavoidance schemes and against its activities as a federal income tax return preparer. NADN's bankruptcy also left thousands of its customers with [...]
Court: Bankruptcy Court for the District of Nevada Docket: Bankruptcy No. BK-S-03-17306-BAM. Adversary Nos. 04-1221-BAM, 05-1151-BAM, 04-1230-BAM, 05-1152-BAM
This matter came on regularly for hearing before Gregg W. Zive, U.S. Bankruptcy Judge, on confirmation of a plan of reorganization ("plan") proposed by debtor Sagewood Manor Associates Limited Partnership ("Sagewood") and objected to by creditor Beal Bank, S.S.B. ("Beal"). Appearing on behalf of Sagewood was Hartman & Armstrong, LTD. by Sallie B. Armstrong, Esq. and Edmond B. Miller, Esq.; appearing on behalf of Beal was Callister & Reynolds, by Matthew Q. Callister, Esq. and Michael J. [...]
Court: Bankruptcy Court for the District of Nevada Docket: Bankruptcy No. BK-N 96-31923
In Re Betcorp Ltd. (2009)Simon John Cathro, an Australian liquidator, seeks recognition under chapter 15 of the Bankruptcy Code for the ongoing winding up and liquidation, in Australia, of Betcorp Limited, an Australian company. In particular, the petition seeks recognition of the winding up as a "foreign main proceeding." If granted, that recognition would entitle Betcorp to the protections of a variety of Bankruptcy Code provisions, the most important of which for Mr. Cathro's purposes is the automatic stay. See 11 [...]
Court: Bankruptcy Court for the District of Nevada Docket: BK-S-08-21594-BAM
In Re Virissimo (2005)
At issue is the effect of the amendments to 11 U.S.C. § 522 as added by § 322(a) of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Specifically, this Court must decide whether those amendments as set forth in § 522(p) limit the amount that a Nevada debtor can claim as exempt as his homestead under Nevada law if the debtor has not owned the property for more than 1215 days and did not previously own property in this state.
Court: Bankruptcy Court for the District of Nevada Docket: BK-S-13605-LBR, BK-S-05-15667-LBR
On September 8, 2005, Trans Max Technologies, Inc. ("Trans Max") filed a voluntary petition for chapter 11 bankruptcy, and thereafter has served as debtor in possession. The court held hearings on confirmation of debtor's plan on April 26-27, 2006. At these hearings, Samuel Higgins ("Higgins"), Trans Max's president, testified as to all confirmation issues. The Office of the United States Trustee ("UST") appeared and objected; several creditors filed written objections but did not appear.
Court: Bankruptcy Court for the District of Nevada Docket: BK-S-05-19263-BAM
In Re Ginji Corp. (1990)On August 28, 1989, Ginji Corporation, dba The Aladdin Hotel & Casino (The Aladdin) filed its chapter 11 bankruptcy petition. Gordon & Silver, Ltd. (G & S) was authorized to be employed as debtor's counsel pursuant to an order entered on September 1, 1989. On September 5, 1989 the Nevada Gaming Commission refused to extend the license of the debtor's shareholders but agreed to permit a trustee to operate the casino; accordingly, this Court appointed a trustee to run the hotel and [...]
Court: Bankruptcy Court for the District of Nevada Docket: Bankruptcy No. BK S 89-02650-LBR
In Re Greene (2006)
This matter came before the court May 24, 2006 upon creditor Rena Wells' Objection to the Debtor's Claim of Exemption. The parties were advised to file post-hearing briefs and the matter was continued to July 31, 2006. Having considered the record before the court, arguments of counsel and for the reasons set forth below, the court partially sustains and partially overrules the Creditor's objection.
Court: Bankruptcy Court for the District of Nevada Docket: BK-N-05-54727-GWZ
In Re Hart (1985)The Plaintiff, RICHARD HART, and the Debtor/Defendant, GLORIA LEE HART, were married prior to December 1980. On December 30, 1980, the plaintiff and defendant were divorced and a decree of divorce was entered in the Eighth Judicial District Court for the State of Nevada. The decree of divorce incorporated a property settlement agreement made by the plaintiff and the defendant on December 26, 1980. The property settlement agreement provided that the defendant would receive the family home. The [...]
Court: Bankruptcy Court for the District of Nevada Docket: Bankruptcy No. BK-LV 83-00396, Adv. No. 83-0534
In Re Rausch (1996)On September 5, 1995, Ibolya Rausch filed a Chapter 7 petition pro se. On her "Statement of Assistance by Non-Attorney", she disclosed that she had paid $150 to "Jack Ferm" for assistance in filing the petition. A "Statement of Assistance by Non-Attorney Re: Filing The Bankruptcy Petition" was signed by Ferm. It failed to state his Social Security Number ("SSN"). Instead, Ferm provided his SSN to the bankruptcy court's intake supervisor, and in the place provided for disclosure of the SSN, [...]
Court: Bankruptcy Court for the District of Nevada Docket: Bankruptcy No. BK-S-95-23707-LBR
In Re Petrie (1992)On August 29, 1991, the Debtor, Kandy R. Petrie ("Debtor"), filed a Chapter 13 petition in the United States Bankruptcy Court for the District of Nevada. At the time the case was commenced and for at least 180 days prior thereto, the Debtor resided and was domiciled in Bullhead City, Arizona, but was employed as a casino dealer at the Golden Nugget Hotel and Casino in Laughlin, Nevada. Bullhead City, Arizona and Laughlin, Nevada are separated only by the Colorado River. Many Bullhead City [...]
Court: Bankruptcy Court for the District of Nevada Docket: Bankruptcy No. BK-S-91-3375-LBR