New Nevada & Ninth Circuit Bankruptcy Decisions Awaiting Determination in 2012

Back on track after an uptick in work.

Awaiting determination: Certified question on Judge Riegle’s ruling that a debtor can assert the exemptions of a non-debtor spouse. Others decisions of note: Judge Jones held that the UST is a party in interest for Rule 2004 examinations, but its inquiry is limited to the debtor-creditor relationship in that case. Judge Reed overruled his own prior decision, holding a creditor can collection postpetition interest from third-party obligor under Section 524(e). Judge Markell held that any Ch. 13 plan amendments require a new notice period of at least 28 days prior to confirmation. He also held that a Ch. 11 plan remains subject to feasibility determination even with creditor consent, and liquidation option does not necessarily satisfy feasibility.