Archive for August, 2013

Nevada Supreme Court rules on third party debtor discovery

In Rock Bay v. The Eighth Judicial District Court, 129 Nev. Adv. Op.  21  (2013), the Nevada Supreme Court ruled on discovery of a nonparty’s assets under NRCP 69 (a) to assist in post judgment collection.  The Court adopted the federal standard to allow such discovery  where the goal is to locate concealed or hidden assets of the judgment debtor, but  is not to become a means of harassment of the nonparty.

The court hold such discovery permissible in certain situations;  where the relationship between the judgment debtor and the nonparty is sufficient to raise reasonable doubt about the bon fides of the transfer between them, or where the nonparty is the alter ego of the judgment debtor.

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Senate Bill 356 provides for amendments to the statutory covenants allowed for  Nevada Deeds of Trust.    NRS 107.030 lists a number of covenants that may be  adopted by reference  in deeds of trust.    A minor change was made to Covenant 7 dealing with recovering attorney fees.    In addition the bill amends trust deed provisions related to NRS  107.040;055; NRS 40.458; NRS 100.091; and NRS 106.105.

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