Bankruptcy Law Reporter Index-Summary

ABETTING

See AIDING AND ABETTING

ACCOUNTING

– Auditing

See AUDITS

– GASB seeks comments re proposed Ch. 9 exposure draft, 924

ACQUISITIONS

See MERGERS AND ACQUISITIONS

ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

ADJUSTABLE-RATE MORTGAGES (ARMs)

See MORTGAGES

ADMINISTRATIVE EXPENSES

– Commercial law, unpaid supplier right to reclaim goods, secured lender lien rights (U.S., rev sought), 244; (rev den), 579
– Crop land rent due 2 days post-petition entitled to administrative expense status (B.A.P. 8th Cir.), 890
– Pre-bankruptcy petition for pension benefits and WARN Act debt not entitled to priority (6th Cir.), 214
– Priorities, contract entered or assumed by debtor during bankruptcy, accrual of creditor claim against estate (U.S., rev sought), 579; (rev den), 956

AGRICULTURE

– Capital gains taxes owed IRS re farm sale not entitled to priority (D. Kan.), 461
– Crop land rent due 2 days post-petition entitled to administrative expense status (B.A.P. 8th Cir.), 890
– EuroFresh Inc. and subsidiary, hydroponic tomato and cucumber grower and marketer files for Ch. 11 protection (Bankr. D. Ariz.), 562; back-wages claim reduced under settlement agreement , 1376
– Hines Horticulture Inc. and affiliates, nursery distributor joint reorganization plan approved (Bankr. D. Del.), 157

AIDING AND ABETTING

– Client concealment of assets, lawyer suspended (Ohio), 39
– Enron Brazilian power project revenue inflation, in-house lawyers settle charges (S.D. Tex.), 123
– Madoff Ponzi scheme, brokerage and officials charged (S.D.N.Y.), 927
– Parmalat collapse, investor suit to hold Deloitte liable for audits by subsidiary may proceed (S.D.N.Y.), 185; trustee suits against Bank of Am. and Deloitte properly dismissed (2d Cir.), 253; reconsideration denied, 289; trustee attempt to hold Bank of Am. and Grant Thornton liable fails, 1375
– Refco fraud, litigation trustee lacks standing to bring suit against alleged aiders and abettors (S.D.N.Y.), 601; Mayer Brown partner convicted, 1020; trustee actions against law and accounting firms rejected, 1293

AIR TRANSPORTATION

– Air Canada, Canadian Auto Workers ratify agreement with moratorium on pension funding, 889
– Alitalia-Linee Aeree Italiane S.p.A., Italian antitrust authority will not block restructuring deal, 87
– Aloha Airlines pension plans, Labor Dep't reaches settlement, 838
– Frontier Airlines and pilots' union reach tentative concessionary agreement (Bankr. S.D.N.Y.), 7; agreement ratified, 33; Republic Airlines offer would allow Frontier to emerge from bankruptcy, 926; Teamsters pacts, order allowing rejection overturned, 1053; tentative wage and benefit concession agreement reached with Teamsters, 1143; Republic outbids Southwest in auction to acquire Frontier, 1176; reorganization plan confirmed, emergence announced, 1343; Republic to acquire Frontier after Teamsters approve contract, 1378; final emergence announced, 1458
– Northwest Airlines Inc. defined benefit plan participants may not pursue underfunding claim (S.D.N.Y.), 31
– United Airlines

– – ADA claims by San Francisco airport employees settled (N.D. Cal.), 464
– – Flight attendants, pilots, and machinists, UAL and unions seek Natl. Mediation Bd. help in negotiating new contract, 1179
– – Pilot claims re allocation of bankruptcy proceeds survive summary judgment (N.D. Ill.), 1212

AMERICANS WITH DISABILITIES ACT (ADA)

– United Airlines settles claims by San Francisco airport employees (N.D. Cal.), 464

AMUSEMENT PARKS

See SPORTS AND RECREATION

ANALYSIS AND PERSPECTIVE

– Attorney-client privilege issues in bankruptcy-related proceedings, 866
– Cancellation of indebtedness income deferral, incorporation into state tax scheme, 992
– CBMS bankruptcy remote structuring and the recession, 820
– Corporate reorganizations, securing cost basis, 700
– Defending auditors at the pleading stage, 1267
– Foreclosure cases, tax consequences, 274
– General Motors stock, test for worthlessness, 952
– Inactive market presents challenges for fair value accounting, 349
– Information security, economic downturn heightens risks, 1084
– Lehman Brothers failure, one year later, 1315
– Mergers and acquisitions, effects of financial crisis on activity, 1039
– Pensions, distress terminations more expensive after PBGC victory in Oneida, 660
– Real estate, effects of General Growth Properties bankruptcy, 1360; effects on complex real estate deals, 1397
– Small business owner claims, disallowance of, 1505
– Tax considerations for distressed investments, 1228

ANIMALS

See LIVESTOCK

ANNUITIES

– Life insurance proceeds, annuity funded by may only be exempted to Ohio law limits (Bankr. N.D. Ohio), 14
– Single-premium annuity not exempt under Cal. law (9th Cir.), 297

ANTITRUST

– Aluminum sheathing merger, DOJ requires divestitures in deal involving bankrupt firm (D.D.C.), 1103
– Nonbank financial firms, House panel discusses antitrust issues in administration “too big to fail” regime, 1517

APPAREL

– Chapter 11 filings

– – Fairchild Corp. and affiliates, aerospace, real estate, and motorcycle apparel firm (Bankr. D. Del.), 404
– – Hartmarx Corp. and subsidiaries, business, casual, and golf apparel producer and marketer (Bankr. N.D. Ill.), 124; union workers plan sit-in if creditors press for liquidation, 639

APPEALS

– Assurance of payment, final order adequate, utility company appeal rejected (D. Del.), 288
– Bidding procedure order denying breakup fees not final order subject to appeal (D. Del.), 5
– Ch. 7 debtor/lawyer failed to show excusable neglect for not timely filing appeal documents, dismissal proper (S.D.N.Y.), 192
– Confirmation of plans

– – Bad faith asset transfer, firm founder denied stay pending appeal (D. Ariz.), 1098
– – Legality of confirmed plan, equitable mootness does not bar review (5th Cir.), 1451
– – Order may not be revoked, appeal equitably moot (S.D. Tex.), 364
– – Valuation of debtor, equity committee denied stay pending appeal (W.D. Tex.), 1097

– Creditor failing to complete prerequisites denied stay pending appeal (S.D. Tex.), 556
– Disallowance of claim against debtor, timeliness, excusable neglect (U.S., rev sought), 1476
– Failure to file motion to extend time to appeal, denial of claims against IRS proper (W.D. Wash.), Case in Brief, 412
– Involuntary bankruptcy, lawyer never hired by debtor may not appeal orders (D.V.I.), 32
– Post-petition lender properly relied on court-approved financing order, creditor appeal properly denied (B.A.P. 1st Cir.), 394
– Proof of claim and plan objection filed in error, sanctions against Countrywide Home Loans Inc., stay pending appeal granted (N.D. Ohio), 1493
– Remand after refusal of pendent jurisdiction reviewable (5th Cir.), 118; (U.S., rev sought), 579; (rev den), 956
– Selection of bankruptcy judges, conflicts of interest, equitable mootness (U.S., rev den), 76
– Taxation

– – Income tax assessments, summary judgment proper (10th Cir.), Case in Brief, 688
– – Liquidating trustee, government may not file interlocutory appeal of bankruptcy court order on IRS claim for taxes (E.D.N.Y.), 1519

ARBITRATION

– Bank of Am. drops mandatory arbitration rule, 1195
– Class action right cannot be foreclosed by contract compelling arbitration (Mass.), 1033
– Consumer credit dispute resolution, binding arbitration disfavored, 1079
– Natl. Arbitration Forum faces class suit re hidden relationship with debt collection agency (C.D. Cal.), 1395
– Pension benefits recalculation, court may enforce arbitrator order (N.D.N.Y.), 676
– Wireless card service agreement clause waiving class actions unconscionable (9th Cir.), 508

ARMs (ADJUSTABLE-RATE MORTGAGES)

See MORTGAGES

ASBESTOS

– Exposure claims

– – Denial of full exercise of setoff right proper (U.S., rev sought), 24; (rev den), 548
– – Ohio Senate passes measure requiring plaintiff transparency, 7
– – Third-party claims against debtor's insurers, jurisdiction (U.S., oral arg), 434; (rvs and rem), 883

– W.R. Grace and Co.

– – Class settlement granted preliminary approval (Bankr. D. Del.), 120
– – Libby, Mont. exposure, criminal case set for trial (D. Mont.), 155; jury finds not guilty, separate trial remains, 681; case against final defendant dismissed, 891

ASSET SALES

– Effect of economic crisis, conferees discuss, 479
– Foamex Intl. reaches agreement with MatlinPatterson Global affiliate (Bankr. D. Del.), 438
– Frequently litigated issues, judges discuss at conference, 1435
– Northeast Biofuels granted approval for auction, bid procedures and date of sale set (Bankr. N.D.N.Y.), 438
– Polaroid Holding Co. enters stalking horse agreement with PHC Acquisitions LLC, 157
– Res judicata, sale order (U.S., rev sought), 278; (rev den), 628
– Sleepy's to acquire 1800mattress.com, businesses to join, 438
– Sumitomo Precision Prods. Co. to acquire Aviza Tech. Inc. (Bankr. N.D. Cal.), 1521

ATTORNEYS

– Aiding and abetting

– – Client concealment of assets, lawyer suspended (Ohio), 39
– – Refco fraud, litigation trustee lacks standing to bring suit (S.D.N.Y.), 601; Mayer Brown partner convicted, 1020; trustee actions against law and accounting firms rejected, 1293

– Appeal documents, Ch. 7 debtor/lawyer failed to show excusable neglect for late filing, dismissal proper (S.D.N.Y.), 192
– Attorney-client privilege

– – Issues in bankruptcy-related proceedings, Analysis and Perspective, 866
– – Law firm discussions with in-house counsel not protected in suit with unhappy client (E.D. La.), 928

– Bad faith and willful misconduct, judges have inherent authority to suspend attorneys re (9th Cir.), 645; (U.S., rev sought), 1202
– BAPCPA debt relief agency restrictions

– – Advice to consumers, limit violates free speech rights (U.S., rev grant), 804; lawyers should be excluded from debt relief agency definition, ABA brief urges, 1300
– – Free speech rights limited (U.S., rev sought), 386; related case (rev sought), 514
– – Free speech rights not limited (5th Cir.), 38; (U.S., rev sought), 486

– Chapter 11 filings

– – Dreier LLP, law firm (Bankr. S.D.N.Y.), 8; judge seeks trustee opinions re bail revocation decision (S.D.N.Y.), 637; controller sentenced re securities fraud (S.D.N.Y.), 972
– – Heller Ehrman LLP, law firm (Bankr. N.D. Cal.), 35; Brobeck trustee seeking funds from former partners now with Heller firm, 396; trustee suit may proceed, 1015
– – Morgan & Finnegan LLP, intellectual property law firm (Bankr. S.D.N.Y.), 406

– Collection case remanded to appeals office (T.C.), Case in Brief, 302
– Credit counseling, licensing exemption applies only to lawyers licensed in state (S.C.), 739
– Debt collection

– – Frivolous debt collection claim, sanctions can only be imposed on client, not lawyer (9th Cir.), 907
– – Mixed message in letter re lawyer's role require reinstatement of FDCPA suit (5th Cir.), 1194

– Enron Brazilian power project, in-house lawyers settle charges re aiding revenue inflation (S.D. Tex.), 123
– Failure to properly manage debts, conditional license revoked (Tex. Ct. App.), 620
– Fees

See ATTORNEYS' FEES

– Heller Ehrman estate files suit against former client, seeks proof of valid claim re partner distributions (Bankr. N.D. Cal.), 1247
– Involuntary bankruptcy, lawyer never hired by debtor may not appeal orders (D.V.I.), 32
– Madoff-related fiduciary breach cases could take years and leave big mark on law, attorneys say, Special Report, 621
– Malpractice

– – Corporate client bankruptcy creates risk that claims may follow, conferees told, 365
– – FDCPA error defense applies to legal and procedural mistakes (U.S., rev grant), 943
– – Law firm failure to reveal did not breach fiduciary duty (8th Cir.), 220
– – Malicious prosecution suit not preempted (Tex.), 162; (U.S., rev sought), 1202; (rev den), 1444
– – Nonadversarial bankruptcy proceeding not litigation delaying claim (Ariz. Ct. App.), 1154
– – SonicBlue Inc. bankruptcy filing, Pillsbury Winthrop Shawn Pittman to settle claims (Bankr. N.D. Cal.), 364
– – Statutes of limitations, federal law extends re action against debtor's lawyers (5th Cir.), 1258
– – Struggling clients, dangers of representing, conferees discuss, 1455

– Student loans, newly licensed lawyer with no repayment history not entitled to hardship discharge (8th Cir.), 1024
– Tax debt, broken promise to repay prevents reinstatement of suspended lawyer (Okla.), 806
– Tax evasion, conviction of lawyer affirmed (9th Cir.), Case in Brief, 1424
– Thelen LLP employees file suit against partners for wages owed (N.D. Cal.), 990
– Thelen LLP, law firm files for Ch. 7 protection (Bankr. S.D.N.Y.), 1381

ATTORNEYS' FEES

– Automatic stay, attempt to collect from bankruptcy estate (U.S., rev den), 106
– Discharge (U.S., rev sought), 1404
– Discharge of debt obligations, claim for fees and costs untimely (E.D. Wis.), Case in Brief, 1070
– Disclosure failures

– – Ch. 7 trustee nondisclosure of law firm agreement with debtor's primary creditor was fraud on court (E.D. Mich.), 151
– – Sanction and disgorgement ordered (E.D. Pa.), 686

– Divorcing wife, award held in trust for counsel (Okla.), Case in Brief, 1155
– Fair Debt Collection Practices Act (FDCPA)

– – Contractual and statutory fees may be recovered (D.N.J.), 1358
– – Single violation cannot justify large award (W.D. Mich.), 1471

– Illegal fee practices result from court competition for big cases, study finds, 635
– Lodestar approach should have been applied to calculate award to debtor counsel, reduction improper (B.A.P. 1st Cir.), 687
– Past due taxes, penalties, and interest owed to IRS, award proper (B.A.P. 10th Cir.), Case in Brief, 411
– Patent applications and sale proceeds, attorneys' lien attaches (Mass.), 1142
– Post-petition grant proper if allowed under contract or state law (N.D.N.Y.), 84
– Special litigation counsel award upheld (2d Cir.), 55
– Trustee counsel, denial of compensation, res judicata (U.S., rev sought), 666; (rev den), 876

AUDITS

– Akai Holdings Ltd. audit, Ernst & Young settles negligence suit, 1456
– Class action, lead plaintiff designations denied in suit over outside auditors' disregard of inaccurate financial statements (E.D.N.Y.), 1526
– Defending auditors at the pleading stage, Analysis and Perspective, 1267
– KPMG LLP faces suit by New Century Fin. re negligent audits (S.D.N.Y.), 497
– Lender to bankrupt manufacturer may not recover on claims against outside auditor re failure to uncover accounting irregularities (4th Cir.), 497
– Parmalat collapse, investor suit to hold Deloitte liable for audits by subsidiary may proceed (S.D.N.Y.), 185; trustee suits against Bank of Am. and Deloitte properly dismissed (2d Cir.), 253; reconsideration denied, 289; trustee attempt to hold Bank of Am. and Grant Thornton liable fails, 1375
– Sentinel Mgmt. liquidation trustee files suit against auditors re role in firm misconduct (Ill. Cir. Ct.), 1210

AUTOMATIC STAY

– Attorneys' fees, attempt to collect from bankruptcy estate (U.S., rev den), 106
– Bally Total Fitness employees lose bid for class proof of claim, certification, and lifting of stay (Bankr. S.D.N.Y.), 494
– Class action against nondebtors will not be stayed (N.D. Ind.), 556
– Creditor failing to complete prerequisites denied stay pending appeal (S.D. Tex.), 556
– Dismissal of Ch. 13 case does not divest court of jurisdiction over adversary proceeding re violation (10th Cir.), 1259
– Employee claim for setoff against former employer/debtor properly denied (D. Del.), 56
– Extension to nondebtor proper in suit related to bankruptcy action (E.D. Pa.), 1056
– Extinction of certain causes of action (U.S., rev sought), 1324; (rev den), 1476
– Foreclosure, fair value (U.S., rev sought), 1324
– Liquidation of 401(k) plan company stock fund, stay will not be extended (E.D. Pa.), 521
– Money transferred from debtor checking account to short-term lender not estate property (E.D. Tenn.), 263
– Multiemployer pension fund offset of debtor benefits improper (7th Cir.), 597
– Pre-petition creditors have standing to claim violations (5th Cir.), 1241
– Property owner protected against county tax claim bureau objections to petition to sell (M.D. Pa.), Case in Brief, 230
– Repossessed vehicles, creditor must hand over when owners file for Ch. 13 protection (7th Cir.), 805
– State tort claim for damages from debtor and nondebtors, remand not prohibited (W.D. La.), 1334
– Tax lien filing did not violate (S.D.W. Va.), Case in Brief, 1465
– Termination of franchise, insolvent franchisee not entitled re late-filed suit (E.D.N.Y.), 1413
– University refusal to provide transcript is act to collect violating stay (7th Cir.), 609
– Wage claims by employee against managers not affected by bankruptcy filing (9th Cir.), 1141
– Wells Fargo properly denied relief to recover payment made to debtor in error (D. Del.), 324
– W.R. Grace pollution reporting, N.J. suit stayed during bankruptcy proceedings (D. Del.), 432

AUTOMOBILES

See MOTOR VEHICLES

AVIATION

See AIR TRANSPORTATION

AVOIDING POWERS

– Commodity forward agreement may qualify as swap agreement exempt from trustee powers (4th Cir.), 251
– Debtor disclaimer in trust property not fraudulent transfer (9th Cir.), 228
– Foreign rep may not bring avoidance action under foreign law without filing Ch. 7 or 11 (S.D. Miss.), 216
– Home builder, loans received pre-petition avoided as fraudulent transfers (Bankr. S.D. Fla.), 1483
– Leveraged buyout settlement payments not avoidable (6th Cir.), 1014; (U.S., rev sought), 1544
– Misstated lot number cannot lead to avoidance of lien (10th Cir.), Case in Brief, 854