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Nevada Questions & Answers

2 Answers | Asked in Bankruptcy for Nevada on

Q: Can you file a chapter 13 Four months after you get a standard discharge from a chapter 7.

Clark Dray answered on Jun 21, 2019

While you can file a Chapter 13 immediately after a Chapter 7, you're not eligible for a discharge of debts unless 4 years have passed between the filing of the 7 and the filing of the 13. A 13 filed within 4 years of a 7 would simply provide for the repayment of debts without a discharge of the... Read more »

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1 Answer | Asked in Bankruptcy for Nevada on

Q: If you file a chapter 7 and get a standard discharge. Can you file a chapter 13 Four months later?

I filed a chapter 7 on 5/03 and received a standard discharge on 10/03. Then I filed a chapter 13 on 2/04 and it was dismissed on 7/04. filed another 13, 8/04 and it was dismissed 2/05. I didn't really file the two chapter 13 but it shows I did but I know who did. My question is this possible?... Read more »

Clark Dray answered on Jun 21, 2019

While you can file a Chapter 13 immediately after a Chapter 7, you're not eligible for a discharge of debts unless 4 years have passed between filings. Because the two Chapter 13 cases were dismissed, they're not especially relevant from as legal standpoint. However, if you file multiple cases a... Read more »

1 Answer | Asked in Contracts, Elder Law, Federal Crimes and Gov & Administrative Law for Nevada on

Q: Travel Company I joined moved, I can't contact them and I'm still making payments to a finance company what can I do?

Infinity Concierge Services, LLC, Inessa Kazaryan and Vilen Kazaryan have beat many people including myself out of lots of money. This was a Travel Club in Las Vegas, NV located on Convention Center Drive. Vilen was the Mgr at the office which no longer exists and the telephone numbers are... Read more »

Bruce Alexander Minnick answered on Jun 21, 2019

I applaud your persistence and determination in trying to resolve this troublesome problem. As you now know, you are only one of many other people who have suffered substantial loss in this flimflam.

Unfortunately, there is no (easy) way to get out of the installment contract you made with...
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1 Answer | Asked in Admiralty / Maritime for Nevada on

Q: regarding the “heightened duty of care” - is the next statement accurate? Thanks

Unfortunately, the federal appellate courts have cancelled that out in maritime cases. They apply a watered-down “reasonable care” standard instead.

Timur Akpinar answered on Jun 20, 2019

That reasonable care standard applied in maritime law is prevalent in tort law in general. If you have a case pending, your attorney could outline for you why the protection afforded by the standard is not a weak one, if it is examined thoroughly by an experienced maritime practitioner. If your... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Nevada on

Q: Statute of Limitations

Does this hold true in all states?

In most states, there are several other methods by which the statute of limitations can be extended. ... So, if the statute of limitations in your state is three years, and the defendant was outside the state for two years after the accident, the statute... Read more »

Peter N. Munsing answered on Jun 15, 2019

In your case I doubt it but why not contact an attorney handling a tobacco litigation case to see--you may be covered under a "class" of people when your state AG or some attorney filed a class action.

1 Answer | Asked in Banking for Nevada on

Q: I opened a capital one 360 checking account. I loaded 3 checks 2 did not clear but the 3rd one has. Can not access fund

Funds have been in my available and current balance for 3 weeks now I have never taken any money out of this account they say there going to close it but it could take up to 3 years for a check to be returned and they wont let me access my money

Bruce Alexander Minnick answered on Jun 12, 2019

Most commercial banks have an old saying they teach all tellers to rely upon: "Know your depositor." This wise advice also applies to regular people who open new accounts in the high-tech world of today--where fraudulent checks are now everywhere. Why would you expect Capital One to give you the... Read more »

1 Answer | Asked in Criminal Law for Nevada on

Q: Can criminal charges be filed against an employee for falling victim to a phone scam while at work

Police are aware and agree it was a phone scam, no arrest complete cooperation and now detective is telling me to pay “ restitution” or the business owner will file charges. What are my rights in this matter

Gary Kollin answered on Jun 12, 2019

Contact employment lawyer. May be problem for employer under the Fair labor Standards Act (FLSA)

1 Answer | Asked in Admiralty / Maritime and Mergers & Acquisitions for Nevada on

Q: Whats the template for a sale of this type from both a buyers and sellers best practices pov?

Timur Akpinar answered on Jun 11, 2019

In terms of templates, it could depend on the preferences of the Nevada broker handling the sale. While they could be similar in general characteristics and basic issues covered, templates could differ from broker to broker.

Tim Akpinar

1 Answer | Asked in Probate for Nevada on

Q: I have a Nevada client whose deceased husband's Will names a daughter but the wife can't find her.

Need to publish some kind of notice to the unknown child but this goes beyond my probate expertise and I have no idea what to file and publish.

Jonathan Craig Reed answered on Jun 4, 2019

There is nothing wrong with a Nevada licensed lawyer asking a probate question on this forum but if you are not a Nevada licensed lawyer you are practicing law without a license in Nevada if you have a Nevada probate client.

If a valid Will makes a gift to a person, unless the Court is...
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1 Answer | Asked in Consumer Law, Contracts and Banking for Nevada on

Q: I am a Nevada resident & I have a high interest loan from Netcredit.com, do they need to be licensed in Nevada to lend?

If I check their website for Nevada loans, https://www.netcredit.com/rates-and-terms/nevada

I receive a message stating "Unfortunately, personal loans through NetCredit are not currently available in your state.

We are working hard to provide access to fast, trustworthy credit in as... Read more »

Bruce Alexander Minnick answered on May 28, 2019

There is a big difference between borrowing from a lender not authorized to make loans in Nevada and repaying a loan to a lender that is not authorized to make loans in Nevada.

Reading between the lines here tells me that

(1) you have been obligated to repay this (terrible) loan...
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1 Answer | Asked in Animal / Dog Law and Wrongful Death for Nevada on

Q: How do I file civil action against my neighbor whose dog attacked my dog? My dog had to be euthanized.

My dog was on his leash. The dog that attacked him was in his home,but he got out because the front door was open.

Peter N. Munsing answered on May 23, 2019

In most states the most you can get for the death of a dog is the "market value" of the dog. You may be able to get negligent infliction of emotional distress--suggest you contact a member of the Nv assn for Justice in the county where this happened--they give free consults.

2 Answers | Asked in Criminal Law for Nevada on

Q: I live in Nevada but have a felony warrant in tennessee, will tennessee come get me in nevada

Malcolm P. LaVergne answered on May 23, 2019

Tennessee can use extradition to get you in Nevada. Under the extradition law in the U.S. Constitution and subsequent statutes, any state can hold a person who has a valid arrest warrant issued in another state. The issuing state (Tennessee) would then have 30 days to come get you. There is more... Read more »

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1 Answer | Asked in Probate for Nevada on

Q: I and my kids were given 2 vehicles and a Fifth Wheel by my ex-significant other/dear friend 2 days before he passed.

Without signed titles, but with witnesses to the gift and an audio recording can we enter the probate process?

Jonathan Craig Reed answered on May 22, 2019

I don't think it looks good unless you can get his intestate heirs (the people who would inherit in the absence of a will) to agree that you may have the property. Then you could do a probate with the intestate heirs doing what is called a Re-Assignment to you. Maybe another lawyer will have a... Read more »

2 Answers | Asked in Immigration Law for Nevada on

Q: Can i go back to my country to study college while waiting for my green card here in US?

btw im from the philippines

Kevin L Dixler answered on May 17, 2019

Much more information is needed. How did you enter the U. S.? Have you overstayed your entry card? Have you filed for adjustment of status?

I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Good luck.

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1 Answer | Asked in Criminal Law and Federal Crimes for Nevada on

Q: Does a felony show up on my background if the case was dismissed? It was for possession of illegal substance

The case took place in 2011. My case was in a different state.

Anthony M. Avery answered on May 14, 2019

Usually any charge, Felony or Misdemeanor, will show up on background checks if the charge entry was never successfully expunged. There are several different Criminal Databases, and some will show everything, while some will not. You will need to contact the Clerk of the Court you were charged... Read more »

2 Answers | Asked in Tax Law for Nevada on

Q: How do I fix a dependent I claimed on my taxes who made too much money, and how much is the fine?

Girlfriend and I filed 2017 taxes together. I clai.ed her as a dependent t and later found d out she made almost 100 over the limit to file on her own. I have moved and never recieved aletter. How much is the fine e and how do I fix this.

D. Mathew Blackburn answered on May 14, 2019

To fix it file a 1040X.

Penalty would be 0.5% of the amount owed as a result of the correction plus interest of 3-5% per month.

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1 Answer | Asked in Probate for Nevada on

Q: After probate is closed how long does an attorney have to send out payment from estate sale?

Jonathan Craig Reed answered on May 8, 2019

I personally try to send out checks to the beneficiaries on the same day that the probate closes if the money has been sitting in my trust account.

1 Answer | Asked in Real Estate Law, Tax Law and Land Use & Zoning for Nevada on

Q: We have $ to pay the amount owed. Auction isn’t until tomorrow. Treasure won’t allow us to pay it.

Bruce Alexander Minnick answered on May 7, 2019

Be sure to be at the auction and prepared to bid, the lowest of which will include all the costs of staging the auction, which is why they will not just take the lesser amount you owed before it went under.

1 Answer | Asked in Probate for Nevada on

Q: In Nevada are non-probatable assets included in determining the size/value of an estate?

In Nevada my fathers estate is upward of $300,000. with real property. the properties are all deeded upon death to me, as are all his vehicles and bank accounts. He does have many investments that he has not discussed much so i don't know how they are handled.

it is my understanding that... Read more »

Jonathan Craig Reed answered on May 6, 2019

The probate estate includes those items that have a title and can't be transferred from the deceased without a court order. Property in joint tenancy (where one joint tenant is still alive), or held with a transfer on death deed, or bank accounts payable on death are NOT in the probate estate. So,... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Nevada on

Q: how can you avoid capital gains tax after selling rental property 2019?

Bruce Alexander Minnick answered on May 3, 2019

You could try hiring a CPA or tax lawyer-- to answer this hypothetical question.

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