Law Office of Hayes & Welsh

Las Vegas Nevada business law blog

Supreme Court names Guardianship Commission members

Supreme Court Names Guardianship Commission Members
 
The Nevada Supreme Court has selected 20 Nevadans to serve on the Permanent Guardianship Commission established by the court. Justice James W. Hardesty was named the chairperson of the permanent commission. The commission is made up of judges, private and public guardians, lawyers and statewide representatives.
 
The commission will make recommendations to the Nevada Supreme Court for statewide rules to aid in administering guardianship cases pursuant to Nevada Revised Statutes Chapter 159, and provide review and oversight for the implementation of new laws enacted during the 2017 Legislature to reform Nevada's guardianship statutes.
 
The Commission to Study the Administration of Guardianships in Nevada's Courts proposed seven major reforms to Nevada's guardianship statutes, resulting in five bills approved in the Legislature and signed by Governor Brian Sandoval.
 
Enacted by legislation were: Creation of a State Guardianship Compliance Office in the Administrative Office of the Courts, with investigators and accountants to review the administration of guardianship cases; a Guardianship Bill of Rights; and mandatory appointment of legal counsel.

Gov. Sandoval Appoints Kathleen Drakulich to Second Judicial District Court

 On June 30, Governor Brian Sandoval announced the appointment of Kathleen Drakulich to the Second Judicial District Court, Department 1. Drakulich will fill the vacancy created by Judge Janet Berry's retirement earlier this year.
 
Drakulich is currently a partner at the law firm McDonald Carano, where she focuses on issues related to energy, environment, and natural resources. She started her career in the Washoe County District Attorney's Office, where she served as a prosecutor. Drakulich has also served as assistant general counsel for Nevada's largest electric service providers and as private counsel for Nevada's largest energy users. She has also extensive experience in legislative and public policy matters. She received her Bachelor of Arts from the University of California, Berkeley and her Juris Doctorate from the University of the Pacific McGeorge School of Law.

Uniform Law Commission FAQ

Many of the laws adopted and enacted by the states are promulgated and updated by the Uniform Law Commission.  The ULC website provides helpful information not only about longtime statutes, such as the Uniform Enforcement of Foreign Judgments Act and the UCC,  but some that have recently been adopted.  The following FAQ from the ULC website describes this role:

Where to seek support in the claim and delivery process

Many creditors in Nevada face stressful situations due to loan defaults. While it's possible in many circumstances to sue their debtors, creditors may also use alternative means for satisfying such debts, such as the claim and delivery process. Some states refer to the search and seizure of collateral property as the replevin process. In this state, secured creditors can obtain writs of possession from the court to authorize sheriffs or constables to take possession of personal property that borrowers used as collateral to acquire loans.

It's best to seek clarification of state laws that govern such matters ahead of time to help overcome any obstacles that arise in the process. There are support networks available where you can obtain guidance as you act within your rights to collect a debt.

New Legislation

The 2017 Nevada Legislature will adjourn June 5.   Hayes and Welsh will post changes in laws most important to our clients.

Seeking relief from the bankruptcy court as a creditor

In the course of doing business, you may extend credit to someone else. You held up your end of the contract, but the other party failed to pay the money owed to you. You probably attempted to collect the debt without success.

Then, the action you might fear happens, and the other party files for bankruptcy. You receive notice of the bankruptcy along with a warning from the court that an automatic stay is in place barring you from any further collection efforts. If you wonder whether you must remain bound by the automatic stay, the answer is maybe not. As a creditor, you have rights.

Verbal contracts are legal, but can you prove them?

Do you remember the old days when businesspeople in Nevada, and just about any town in America, would discuss a few issues, iron out their own details, smile, shake hands and seal the deal? Nowadays, you hear contract advisers saying it's best to get everything in writing. This isn't because verbal agreements aren't legally enforceable. They absolutely are. However, try to prove one. It's possible, in certain situations, to do so, but it's usually quite difficult.

If you're considering entering an agreement with one or more parties, and you're also considering doing so verbally, this post provides pertinent information regarding verbal contracts that may benefit you and others involved in your particular situation.

Disputes over property rights and complex bankruptcies

Chapter 7 bankruptcy, also known as liquidation bankruptcy, is a relatively straightforward process for individuals who qualify for this particular chapter of consumer bankruptcy. However, disputes over who actually owns the property to be liquidated can muddy the waters, adding complicated measures to the process.

If you are attempting to collect from a Nevada debtor who is under bankruptcy protection, you will find great benefit in leaning on the guidance of an attorney who can protect your interests throughout the entire process. When property rights are in question, it can be difficult to get the money to which you have a rightful claim. Your lawyer can tenaciously advocate for your rights as a creditor.

Eviction: What's legal, what's not

Whether you're the landlord of a few small, one-room economy apartments or you own and maintain one of Nevada's large multi-unit apartment complexes, it's no secret that you're line of work is often stressful. From tenants calling to complain about the least little faucet drip to dealing with late rent payments, a landlord's job never seems to end - it's 24/7. That's not to say you can't get satisfaction from your work.

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Law Office of Hayes & Welsh
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