Shapiro v. Henson
Briefed and argued by Brian D. Shapiro
Reversed. A trustee may seek turnover from anyone who held estate property at any point during the case, not only at the moment the motion is filed.
Bankruptcy litigation & appeals · District of Nevada
Creditor counsel.
Debtor counsel.
Receiver.
Trustee.
Approximately 30 years in bankruptcy practice, seen from every seat at the table. Brian D. Shapiro has administered estates as a panel trustee since 2008 and has served as a state court appointed receiver. He represents creditors and debtors in adversary proceedings, contested matters and appeals before the Bankruptcy Appellate Panel and the Ninth Circuit.
- Admitted
- California 1994 · Nevada 1995
- Federal courts
- D. Nev. · Ninth Circuit
- Receivership
- State court appointed receiver
- Subchapter V trustee
- District of Nevada, since 2020
- Chapter 7 panel trustee
- District of Nevada, since 2008
Practice
Four chairs, one practice
Knowing how a trustee or receiver evaluates a claim, how a creditor proves one, and how a debtor defends against one shapes every strategy this office recommends. Each representation is screened for conflicts with the office's trustee and receivership matters before it is accepted.
Chair 01 · Creditor
Creditor counsel
Representation of individual and commercial creditors who need to be paid, protected or heard in a Nevada bankruptcy case.
- Nondischargeability actions under § 523
- Objections to discharge under § 727
- Proofs of claim and claim litigation
- Relief from stay and plan objections
Chair 02 · Debtor
Debtor counsel
Defense of individuals and businesses in contested bankruptcy litigation, plus consumer filings through the office's dedicated consumer practice.
- Defending adversary proceedings
- Student loan undue hardship cases
- Chapter 7 filings for individuals
- Stay and discharge-injunction violations
Chair 03 · Court officer
Receiver
Appointed by the state court to take control of property or a business, preserve its value, and act under the court's orders until the dispute is resolved.
- Taking possession and securing assets
- Operating or managing a business or property
- Collecting rents and receivables
- Court-approved sales and reports to the court
Chair 04 · Fiduciary
Trustee
Chapter 7 panel trustee and Subchapter V trustee in the District of Nevada, and liquidating trustee under confirmed Chapter 11 plans.
- Asset recovery, turnover and sales
- Fraudulent transfer and preference actions
- Objections to exemptions and discharge
- Rule 9019 settlements and claim objections
Client reviews
In their words
From the office's Google reviews, rated 5.0 by clients.
Read all of the office's reviews on Google ↗
Reviews are from past clients. Prior results do not guarantee a similar outcome.
Appellate work
Decisions that set the rule
Bankruptcy appeals are briefed and argued by the same attorney who tried the matter below, before the Bankruptcy Appellate Panel and the Ninth Circuit.
For individuals
Consumer bankruptcy
The office's consumer work has its own websites, with flat-fee pricing, plain-language guides and free consultations by phone or video call.
myvegasbankruptcyattorney.com
Chapter 7 bankruptcy
A $2,500 flat fee for most Chapter 7 cases, paid $250 a month, with the first payment due 30 days after filing. Meetings of creditors are held by Zoom.
Visit My Vegas Bankruptcy Attorney ↗ lasvegasstudentloanattorney.comStudent loan discharge
Adversary proceedings asking the bankruptcy court to discharge federal student loans held by the Department of Education for undue hardship.
Visit Las Vegas Student Loan Attorney ↗About
Brian D. Shapiro
Brian Shapiro has practiced law in Nevada since 1995 and was appointed to the Chapter 7 panel of trustees for the District of Nevada in 2008. He is the longest-serving Chapter 7 trustee in Las Vegas and also serves as a Subchapter V trustee in small business reorganizations. Outside bankruptcy, he has been appointed by the state court to serve as a receiver.
Alongside his trustee work, he represents creditors and debtors in bankruptcy litigation, handles receiverships, and briefs and argues bankruptcy appeals. His appellate decisions include a published Ninth Circuit opinion on the scope of the trustee's turnover power and a published Bankruptcy Appellate Panel opinion on where a lender must file to perfect a security interest.
He served on the Committee on Case Administration and the Estate, an advisory committee to the American Bankruptcy Institute's Commission on Consumer Bankruptcy, which was charged with researching and recommending improvements to the consumer bankruptcy system that can be made within its existing structure (read the Commission's final report).
He served on the merit screening committee for the appointment of a United States Bankruptcy Judge for the District of Nevada. He is a founding member of the pro bono bankruptcy panel for the United States Bankruptcy Court, District of Nevada, continues to take pro bono bankruptcy matters, and is a former board member of the Southern Nevada Association of Bankruptcy Attorneys.
- Law school
- J.D., Southwestern University School of Law, 1994
- Undergraduate
- B.S., Arizona State University, 1991
- Bar admissions
- California (1994) · Nevada (1995), Bar No. 5772
- Federal courts
- U.S. District Court, District of Nevada · U.S. Court of Appeals, Ninth Circuit
- Trustee panels
- Chapter 7 (since 2008) · Subchapter V (since 2020)
- Receivership
- State court appointed receiver
- Memberships
- National Association of Bankruptcy Trustees · American Bankruptcy Institute · National Association of Consumer Bankruptcy Attorneys · State Bar of Nevada
Contact
Discuss a matter
Consultations are held by phone or video call. Creditors and parties with an appeal deadline should call as early as possible: a notice of appeal in a bankruptcy case is due 14 days after the order is entered.
- Phone
- 702-386-8600
- Mailing address
- 9750 W. Skye Canyon Park Dr., Suite 160-174
Las Vegas, NV 89166
Before you send details
Contacting the office does not create an attorney-client relationship; that requires a signed retainer agreement. Because the office also serves as a bankruptcy trustee, every new matter is checked for conflicts first. Please do not send confidential information by email until that check is complete.
Information on this site is general and is not legal advice. Every case turns on its own facts.