Legal Question in Bankruptcy in Nevada

Protecting against Bankruptcy in a Civil suit

Here is the short of it:

I have a civil suit against 2 individuals and an LLC. I have just been granted a motion to compel. I recieved my RFA's but not my interoggetories or the PODs. I do not believe we will either as 2 motions to compel were combined by the commissioner.

My case causes of action are:

replevin, conversion, breach of contract(to only 1 defendant, admitted to in RFA), unjust enrichment, fraud/intentional misrepresentation, promissory estoppel, and quantum meruit/unjust enrichment

The business the LLC(revoked) had is now closed and defense states that 1 individual(not llc owner) and LLC might go bankrupt.

My question is, how do I protect against any bankruptcys that may arise before or after a judgement.

"protect against" - Stop defendants from bankrupting a potential judgment or seizing up my case.

Tried writ of attachment before JCC but it was not approved.

Have a promissory from 1 individual(not LLC owner) its a boyfriend/girlfriend(owns LLC) situation for money to start business. Also promised part ownership and worked as a manager for 6 mon. without pay because of this. They also kept property I have receipts for.


Asked on 2/11/10, 2:54 pm

1 Answer from Attorneys
Jeffrey Cogan Jeffrey A. Cogan, Esq., Ltd.

Depends on whether you can show fraud. You would have to prove either the contract and lending of money was either fraudulent or that they lied on the bankruptcy documents, thus fraud on the court. Even if you get a judgment on the Fraud/intentional misrepresentation, unless it meets the elements of bankruptcy fraud, you may have to re-try the case.

As to the property they have kept, you can get back even in a bankruptcy.

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Answered on 2/16/10, 3:55 pm


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