Suits by Lenders against Guarantors/Anti-Deficiency Protection

Guarantors of a purchase-money loan on real property in Nevada should now be entitled to the anti-deficiency protections afforded under NRS 40.455 through 40.459, which statutes limit the amount of any deficiency judgment to the lesser of either: 1. The amount by which the amount of the indebtedness which was secured exceeds the fair market […]

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A Brief Review of the Fair Debt Collections Practices Act (FDCPA)

A Brief Review of the Fair Debt Collections Practices Act (FDCPA) Under the FDCPA (15 U.S.C. 1601 et.seq.), a debt collector includes an attorney, and anyone else attempting to collect a consumer debt on behalf of another person or entity. A consumer debt is simply an obligation of a consumer to pay money owing out […]

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Constitutional Law–Pretrial Detainees Conditions of Confinement

Constitutional Law – Criminal Law-Pretrial Detainees May be Subjected to Conditions of Confinement Reasonably Related to Legitimate Government Objectives – Bell v. Wolf, 99 S.Ct. 1861 By G. Mark Albright, Esq. (originally published in BYU Law Revew) Pretrial detainees[1]brought a class action[2]challenging the constitutionality of numerous practices and conditions of confinement at the federally operated […]

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Nevada’s Licensing Statutes–Can an Unlicensed Contractor Ever Recover?

Nevada’s Licensing Statutes—Can an Unlicensed Contractor Ever Recover? What if an unlicensed contractor, architect or designer (to name a few) performs professional services for a client in Nevada and is not paid for the services rendered? Can he or she still file a complaint to recover damages for breach of contract, file a lien, or […]

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Some Comparisons of Chapter 7 & Chapter 11 Bankruptcies

Some Comparisons of Chapter 7 vs. Chapter 11 Bankruptcies The filing of a bankruptcy case creates an “estate,” similar to the estate created upon death. The “estate” has a life of its own, it can sue, hold assets, sell property, and operate a business. Chapter 7 is a liquidation case. The party(ies) filing bankruptcy are […]

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Involuntary Bankruptcy Petitions: Factors for Debtors and Creditors to Consider

Involuntary Bankruptcy Issues Involuntary Bankruptcy Factors for Debtors and Creditors to Consider: The following factors should be carefully analyzed with bankruptcy counsel when considering the risks of an involuntary bankruptcy petition under Section 303 of the Bankruptcy Code: 1) If the proposed debtor has fewer than 12 creditors, it only takes one qualifying creditor to […]

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Recent Changes in LLC’s and Charging Orders In Nevada

LLC’s and Charging Orders in Nevada By G. Mark Albright, Esq. In a long awaited and much watched decision, the Nevada Supreme Court recently addressed the rights and remedies of a judgment creditor against the member of an LLC. In Weddell v. H2O, Inc., 128 Nev. Adv. Op. No. 9, (March 1, 2012), the court […]

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Use of Equitable Recoupment to Revive Time-Barred Claims In Nevada Business Litigation

Use of Equitable Recoupment to Revive Time-Barred Claims By G. Mark Albright, Esq. As we all know, many clients often forego filing a legal action or complaint in an effort to preserve business relationships, particularly while those relationships remain profitable. In so doing, they may often unwittingly allow statutes of limitations to expire, thereby barring […]

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What to do if you have been injured in an accident

Have you been injured by someone’s negligence? If you are in an automobile accident, or a slip and fall, you should remember that your ability to recovery damages and compensation for your injuries (both physical and/or property damage),will likely be strongly affected by the actions that you take (or do not take) immediately after the […]

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Consolidation and Severance in Nevada Civil Litigation

CONSOLIDATION AND SEVERANCE Author: G. Mark Albright esq. 1. Introduction and Scope This guide covers the types of consolidation that may occur, and the procedures and effects of consolidation. It considers NRCP 42(a) and EDCR 2.50, discusses the various forms of severance, and notes the distinctive features of NRCP 13(i), NRCP 14(a), NRCP 21, and […]

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