The Role of the Nevada Bankruptcy Trustee

The Nevada bankruptcy trustees oversee the administration of cases filed under Chapters 7 and 13. Just as in other jurisdictions, the “Silver State” maintains a sharp distinction between the private trustees who manage your case and the Office of the U.S. Trustee (UST), which is the bankruptcy court’s watchdog under the Department of Justice (DOJ).

By Alexander Hernandez, J.D., Professor, and Author of Consumer Bankruptcy Law (Routledge).

The Nevada Bankruptcy Trustee

A Bankruptcy Trustee is a private individual, typically an attorney, appointed to supervise your specific case. Their role depends on the chapter you file.

Chapter 7 Bankruptcy Trustees

Chapter 7 is commonly referred to as a liquidation, but that ultimately depends on the value of your assets and the exemption laws in Nevada. The Nevada bankruptcy trustee’s obligation is to protect the bankruptcy estate, so their objective is to determine if you have non-exempt assets that can be sold to pay creditors.

The Nevada bankruptcy trustee would review your petition, conduct the 341 Meeting of Creditors, and if any fraudulent transfers were made, they can take steps to recoup those assets via the adversary process, which is similar to a litigated civil case. The Nevada bankruptcy trustee also has the power to further investigate a case by requesting a 2004 Examination, which is similar to a deposition.

Chapter 13 Bankruptcy Trustees

Chapter 13 is known as a reorganization and is referred to as a “wage earner’s plan” in the Bankruptcy Code. In a Chapter 13 case, the 13 trustee collects your monthly payments and distributes them to creditors according to your court-confirmed plan. They evaluate the feasibility of your plan and monitor your compliance for three to five years.

One crucial difference between Chapters 7 and 13 is that a Confirmation Hearing is required for approval of your plan. You can learn more about the Confirmation Hearing via this link.

Office of the U.S. Trustee (UST)

While private trustees handle individual cases filed under Chapters 7 and 13, the United States Trustee monitors the overall bankruptcy system, including prosecuting cases of fraud. Nevada is part of Region 17 of the U.S. Trustee Program, which also includes Northern and Eastern California. The regional headquarters is in San Francisco, but a local office is maintained in Las Vegas.

Professor’s Note: Post COVID-19, most 341 Meetings in the District of Nevada are conducted via Zoom. While convenient, the same rules apply: you must be in a quiet, private location, have your photo ID and Social Security card ready for the camera, and remember that you are testifying under penalty of perjury.

When your bankruptcy petition is filed, the Nevada bankruptcy trustee will send you and your bankruptcy attorney a list of required documents. Your identification might be required in advance of the creditor’s meeting. Make sure that all documents are provided in a timely fashion to avoid rescheduling the Meeting of Creditors or having your case dismissed.

Las Vegas and Reno Bankruptcy Trustees

The District of Nevada is divided into the Southern Division (Las Vegas) and the Northern Division (Reno). Trustees are typically assigned based on these divisions.

Chapter 7 Panel Trustees

The following are members of the panel of trustees often assigned to Chapter 7 cases in Nevada:

Trustee NameDivisionMailing AddressPhone / Email
Bradley G. SimsReno / Sparks1344 Disc Dr., #1138, Sparks, NV 89436(775) 364-5505
trustee@trusteesims.com
W. Donald GiesekeReno18124 Wedge Pkwy, #518, Reno, NV 89511(775) 742-9107
wdg@renotrustee.com
Gary A. SprakerReno50 West Liberty St., Ste. 880, Reno, NV 89501(775) 322-1234
gary@sprakerlaw.com
Robert E. AtkinsonLas Vegas376 E. Warm Springs Rd., Ste. 130, Las Vegas, NV 89119(702) 617-3200
robert@ch7.vegas
Troy S. FoxLas Vegas601 S. 10th St., Ste. 202, Las Vegas, NV 89101(702) 382-1007
TrusteeFox@ficlegal.com
Shelley D. KrohnLas VegasP.O. Box 34690, Las Vegas, NV 89133(702) 421-2210
shelley@trusteekrohn.com
Brian D. ShapiroLas Vegas510 S. 8th Street, Las Vegas, NV 89101(702) 386-8600
trustee@trusteeshapiro.com
Lenard E. SchwartzerLas Vegas6655 W. Sahara Ave., Ste. B107, Las Vegas, NV 89146(702) 307-2022
lschwartzer@s-llaw.com

Chapter 13 Standing Trustees

Nevada utilizes specific standing trustees to oversee all reorganization cases in their respective regions.

Trustee NameDivisionMailing & AddressPayment AddressContact Information
William A. Van MeterRenoP.O. Box 6630
Reno, NV 89513
P.O. Box 1745,
Memphis, TN 38101
(775) 324-2500
wavm@reno13.com
Rick A. YarnallLas Vegas701 Bridger Ave., Ste. 820,
Las Vegas, NV 89101
P.O. Box 1482,
Memphis, TN 38101
(702) 853-4500
Ray13Mail@lasvegas13.com
Kathleen A. LeavittLas Vegas711 S. 4th Street, Ste. 101, Las Vegas, NV 89101P.O. Box 1453,
Memphis, TN 38101
(702) 853-0700
kal13mail@las13.com

The Professor’s Take

As I’ve noted in my work with Routledge, the trustee is a fiduciary for the creditors, not your personal advisor. While Nevada trustees are generally professional, their legal duty is to protect the bankruptcy estate on behalf of creditors.

If you have a complex case or “red flag” transfers, the trustee may use tools like the Rule 2004 Examination to dig deeper. Always consult with your attorney before communicating directly with the trustee’s office regarding the merits of your case.

For information on the Nevada bankruptcy court system, follow this link.

Professor Hernandez is an attorney specializing in consumer finance and debt relief. He is the published author of Consumer Bankruptcy Law (Routledge Publishing) and teaches law and finance courses in both English and Spanish for an international university.

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