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PACIFIC WESTERN BANK v. EIGHTH JUD. DIST.

No. 69048.

383 P.3d 252 (2016)

132 Nev. Adv. Opn. 78

PACIFIC WESTERN BANK, a California Banking Corporation, Petitioner, v. The EIGHTH JUDICIAL DISTRICT COURT OF the STATE of Nevada, IN AND FOR the COUNTY OF CLARK; and the Honorable Susan Scann, District Judge, Respondents, and Darrin D. Badger, an Individual; and Vincent T. Schettler, an Individual, Real Parties in Interest.

Supreme Court of Nevada.

Filed November 3, 2016.

Attorney(s) appearing for the Case

Snell & Wilmer, LLP, and Bob L. Olson , Kelly H. Dove , and Karl O. Riley , Las Vegas, for Petitioner.

Fox Rothschild, LLP, and Mark J. Connot , Las Vegas; Reid Rubinstein & Bogatz and L. Scott Bogatz and Charles M. Vlasic, III , Las Vegas, for Real Party in Interest Darrin D. Badger.

Glen J. Lerner & Associates and Corey M. Eschweiler , Las Vegas, for Real Party in Interest Vincent T. Schettler.

BEFORE CHERRY, DOUGLAS and GIBBONS, JJ.

OPINION

In this opinion, we consider whether certain funds contained in financial accounts under 26 U.S.C. § 529 (2012) (529 accounts) constitute a debt and whether they are subject to execution and garnishment in Nevada despite their physical location in New Mexico. In doing so, we grant the petition...

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