Shapiro v. Henson
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
More than three decades 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.
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.
Chapter 7 panel trustee and Subchapter V trustee in the District of Nevada, and liquidating trustee under confirmed Chapter 11 plans.
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.
Representation of individual and commercial creditors who need to be paid, protected or heard in a Nevada bankruptcy case.
Defense of individuals and businesses in contested bankruptcy litigation, plus consumer filings through the office's dedicated consumer practice.
Appellate work
Bankruptcy appeals are briefed and argued by the same attorney who tried the matter below, before the Bankruptcy Appellate Panel, the District Court and the Ninth Circuit.
For individuals
The office's consumer work has its own websites, with flat-fee pricing, plain-language guides and free consultations by phone or video call.
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.
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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 is a former board member of the Southern Nevada Association of Bankruptcy Attorneys and a founding member of the pro bono bankruptcy panel for the United States Bankruptcy Court, District of Nevada.
Contact
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.
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.