97°F
weather icon Windy

Court sets trial in Boulder Inn & Suites’ bankruptcy case

A Las Vegas bankruptcy judge ordered a trial to be set for Boulder Inn & Suites' lawsuit against the Boulder Dam Credit Union.

Judge August B. Landis ruled that a trial will be necessary to figure out whether or not the credit union has a valid claim on Mario and Anneliese Caruso's Family Trust properties.

The three properties the credit union are trying to foreclose on are the Carusos' home, Boulder Inn & Suites at 704 Nevada Way and the mobile home park at 1501 Nevada Highway.

Boulder Dam Credit Union filed a motion to seize the three properties as part of AMC Property Holdings and Stanley K. Holding's Chapter 7 bankruptcy filing before the Carusos filed a countersuit.

Anneliese Caruso originally was issued a loan in 2008 in the amount of $3.718 million by the credit union before refinancing the note in 2010 in the amount of $3,697,346.61 after her husband died. The 2010 note was to be paid in 11 monthly payments of principal and interest with a final balloon payment due on May 10, 2011.

The countersuit stated the language used by the credit union in its promissory note was vague, there was no new deed of trust executed with the 2010 note and that Anneliese Caruso had no interest in AMC or Stanley K. Property Holdings, the companies that harbor Boulder Inn & Suites and the mobile home park.

The hearing on Monday was to determine if either party would be granted summary judgment, meaning Landis could rule in favor of one side or the other without a trial. That motion was denied.

"The court will deny summary judgment for both parties in this matter because I do believe there are genuine issues of material fact for trial in connection with this case," Landis said. "The first genuine issue of material fact is whether and to what extent Boulder Dam Credit Union has a claim of any kind."

He continued to say it was clear that the issues in the case in front of the courtroom that day weren't to be decided expediently and would need a trial.

Brian Shapiro, bankruptcy trustee over the case, said he's unsure of when to expect a trial, as no date was set when the courtroom adjourned.

Contact reporter Randy Faehnrich at rfaehnrich@bouldercityreview.com or at 702-586-9401. Follow him on Twitter @RandyFaehnrich.

MOST READ
LISTEN TO THE TOP FIVE HERE
THE LATEST
A game for Grayson

Years from now, the coaches and players on the Boulder City High School varsity football team won’t remember the score of last Friday’s home game. They won’t remember how many yards they ran for or the number of tackles they tallied.

City accepts FAA control tower funds

Things are moving full steam ahead on the planned air traffic control tower at the Boulder City Airport.

Eagles record shutout in home opener

Starting the Chris Render era off strong, Boulder City High School football defeated Eldorado 21-0 on Aug. 28, to give their head coach a debut victory.

Lady Eagles top Basic, Democracy Prep on the court

Starting league play off strong, Boulder City School girls volleyball defeated Democracy Prep 3-0 on Aug. 27.

It’s all about first impressions

When I was younger, my parents instilled in me the importance of making a good first impression. Look people in the eye. Make sure you give a firm handshake. Focus on what they are saying and don’t be distracted.

Cross county runners look to improve this season

Bringing back a handful of runners who made the 3A state meet a season ago, there’s an optimistic outlook for Boulder City High School cross country this upcoming season.

September offers something for everyone at Boulder City Library

As the heat finally comes down outside, inside the library we have cooked up some amazing events for this upcoming September that we’re excited to tell you all about. No matter what age our patrons are, we pride ourselves on having something for everyone, and our programming schedule for September is no exception.

City grants CUP to Methodist Church

The Boulder City United Methodist Church cleared a major hurdle last week in its desire to build a church of its own; something it’s wished to do for two decades.