Bankruptcy Law Reporter Index-Summary

CANADA

– AbitibiBowater Inc. and U.S. and Canadian affiliates, pulp and paper manufacturer files for Ch. 11 protection (Bankr. D. Del.), 526; DIP financing approved, 842
– Barzel Indus. Inc., steel firm Canadian subsidiary files to reorganize, 1343
– Canadian Auto Workers

– – Air Canada, agreement with moratorium on pension funding ratified, 889
– – GM, members ratify amended agreement, 733

– Nortel Networks Corp. and subsidiaries in US and Canada, communications provider files for Ch. 11 and Ch. 15 protection (Bankr. D. Del.), 89; underfunded plans, PBGC takes control, 1020; stalking horse asset and share sale agreement reached, 1061; firm files objection to IRS proofs of claim, 1335; stipulation covering portion of claim approved, 1520
– Pensions, Canadian firm cannot be sued for U.S. firm debts (7th Cir.), 766
– Quebecor World Inc., Canadian commercial printer operator announces emergence from Ch. 11 and Canadian protection, 1104

CARS

See MOTOR VEHICLES

CASINOS

See GAMBLING

CHARITABLE ORGANIZATIONS

See NONPROFIT ORGANIZATIONS

CHEMICALS

– Chapter 11 filings

– – Chemtura Corp. and affiliates, manufacturer and marketer of specialty chemical, crop protection, and pool, spa, and home care products (Bankr. S.D.N.Y.), 403
– – LyondellBasell Indus. and European holding company, polymer, petrochemical, and fuel company (Bankr. S.D.N.Y.), 59; second holding company added, 562; nonoperating entities added, 685
– – Tronox Inc. and subsidiaries, titanium dioxide pigment producer and marketer (Bankr. S.D.N.Y.), 93; lead plaintiff named in securities fraud class action charging misleading statements on environmental liabilities (S.D.N.Y.), 1521

– Penn Specialty Chemicals Inc. files for Ch. 7 protection (Bankr. D. Del.), 9

CHOICE OF LAW

– Credit lines to gamble in Nev., state law applies to suit against Wis. debtor (7th Cir.), 978

CLASS ACTIONS

– Automatic stay does not apply in suit against nondebtors (N.D. Ind.), 556
– Bank of Am. settles suit by non-customer power-of-attorney applicants re credit report practices (E.D. Pa.), 199
– BearingPoint Inc. false financial data, investor suit remanded (4th Cir.), 1140
– Credit card interest rate hike disclosure, TILA suit against Chase Bank reinstated (9th Cir.), 737
– Discovery request in consumer FDCPA suit granted (D. Conn.), Case in Brief, 1472
– Dismissals

– – Bally Total Fitness employees lose bid for class proof of claim, certification, and lifting of automatic stay (Bankr. S.D.N.Y.), 494
– – Credit life insurance policy purchased with residential mortgage, class suit dismissed for lack of damages (U.S., rev den), 418
– – Dana Corp., fraud suit dismissed (N.D. Ohio), 1250
– – Enron concealment of true financial condition, shareholder suit against investment banks dismissed (S.D. Tex.), 463
– – Mirant. Corp. investor suit dismissed (N.D. Ga.), 123

– Foamex Intl. stock fund liquidation, class certified in suit by former employee (E.D. Pa.), 1417
– Home equity credit lines, suits challenge bank moves to trim (N.D. Ill.), 1222
– Natl. Arbitration Forum faces suit re hidden relationship with debt collection agency (C.D. Cal.), 1395
– Pilgrim's Pride workers file ERISA suit re lost stock investments (E.D. Tex.), 85
– Plan assets invested in company stock, Smurfit-Stone employees file suit against fiduciaries (N.D. Ill.), 766
– Securities

– – Aiding and abetting violations, private right to sue

See LEGISLATION, FEDERAL, S 1551

– – Certification of single class of plaintiffs asserting 1933 and 1934 Act violations proper (2d Cir.), 1100
– – Disregard of inaccurate financial statements, lead plaintiff designations denied in suit against outside auditors (E.D.N.Y.), 1526
– – Filings surge in wake of subprime and credit crises, Stanford Law School report shows, 71
– – I Bank bond issuance, derivative interest holders file suit re misleading prospectus (E.D. Cal.), 1059
– – Tronox Inc. environmental liabilities, lead plaintiff named in class action alleging fraudulent statements (S.D.N.Y.), 1521

– Statutory right cannot be foreclosed by contract compelling arbitration (Mass.), 1033
– Thelen LLP employees file suit against partners for wages owed (N.D. Cal.), 990
– Tom's Foods terminated plan, PBGC intervenes in civil suit to recover lost investment (M.D. Ga.), 929
– Wireless card service agreement arbitration clause waiving class actions unconscionable (9th Cir.), 508
– W.R. Grace and Co. asbestos settlement granted preliminary approval (Bankr. D. Del.), 120

CLEAN WATER ACT

See ENVIRONMENT

CLOTHING

See APPAREL

COLLATERAL ESTOPPEL

– Timeliness of state court action, relitigation barred (S.D. Fla.), 815

COLLEGES

See SCHOOLS

COMPENSATION

– Attorneys

See ATTORNEYS' FEES

– Bank of Am. executives, settlement with SEC rejected pending receipt of more information (S.D.N.Y.), 1157
– Executive bonus plan, Tribune Co. must provide WBNG with details (D. Del.), 1177
– Refusal to pay employee wages, liquidation not defense (Wash.), 970

COMPTROLLER OF CURRENCY OFFICE (OCC)

– Congressional Outlook 2009, Special Report, 132
– Reverse mortgage lending practices, federal regulators developing interagency guidelines, 861

COMPUTERS

– Chapter 11 filings

– – Enucleus Inc., data management firm (Bankr. W.D. Wash.), 1148
– – Silicon Graphics Inc. and affiliates, high-performance server, visualization, and storage solutions provider (Bankr. S.D.N.Y.), 501; first amended joint reorganization plan filed, disclosure statement approved, 1380
– – Spansion Inc. and affiliates, flash memory solutions provider (Bankr. D. Del.), 330

– Identity theft, network hacking, Fla. man indicted (D.N.J.), 1227
– Internet

See INTERNET

– Investigative database funded by receivership assets, government granted access (D. Minn.), 1035
– Metadata does not include filename of electronic document submitted to court (Bankr. N.D.N.Y.), 980

CONFERENCES AND MEETINGS

– American Bankers Ass'n

– – Annual meeting, 1533
– – Regulatory compliance conference, 861

– American Bankruptcy Institute (ABI)

– – Bankruptcy 2009: Views from the Bench conference, 1435
– – GM “Surgical” Ch. 11 filing teleconference, 758
– – Mortgage meltdown webinar, 567
– – Retail Sector Distress teleconference, 323
– – Spring Meeting, 479
– – Teleconference, 1454

– American Bar Association (ABA)

– – American Law Inst. conference, 1486
– – Labor and Employment Law Section Committee on Development of the Law Under the NLRA, 285
– – Standing Committee on Lawyers' Professional Liability Natl. Legal Malpractice Conf., 1455
– – Taxation Section May meeting, 678

– American Payroll Ass'n Annual Congress, 854
– Automotive Analysts' strategic planning summit, 1308
– Cleveland Federal Reserve Bank community development policy summit, 860
– Consumer Bankers Ass'n, Fair Lending Conf., 1497; 1498; 1499
– Federal Reserve System Community Affairs research conference, 534; 535
– Financial Industry Regulatory Agency (FINRA) annual meeting, 655
– Institute of Intl. Bankers, 343
– Internal Revenue Service (IRS) Software Developers Conf., 863
– International Inst. of Fin. spring gathering, 864
– Journal of Money, Credit, and Banking Financial Markets and Monetary Policy conference, 811
– Labor and Employment Ass'n Natl. Policy Forum, 887
– Legal Malpractice and Risk Mgmt. Conf., 365
– Natl. Ass'n of Attorneys General, 303
– Natl. Ass'n of Consumer Bankruptcy Attorneys (NACBA) teleconference, 15
– Natl. Ass'n of Realtors, 695
– Natl. Association for Business Economics

– – Annual meeting, 1467
– – Policy conference, 287

– Natl. Conf. of Bankruptcy Judges annual meeting, 1539
– New Am. Found. housing conference, 17
– Operation Hope Global Financial Literacy Summit, 905
– Practising Law Inst. seminar on taxation of financial products and transactions, 522
– Stanford Inst. for Economic Policy, 377
– UCLA Extension Tax Controversy Inst., 1537

CONFIDENTIALITY

– Metadata does not include filename of electronic document submitted to court (Bankr. N.D.N.Y.), 980

CONFIRMATION OF PLANS

– Apex Silver Mines Ltd. and wholly-owned subsidiary, plan confirmed (Bankr. S.D.N.Y.), 328
– Apollo Mgmt. VI LP joint reorganization plan confirmed (Bankr. D. Del.), 1459
– AtheroGenics Inc. second amended plan confirmed (Bankr. N.D. Ga.), 844
– Bad faith asset transfer, firm founder denied stay pending appeal (D. Ariz.), 1098
– Capital gains taxes owed IRS re farm sale not entitled to priority (D. Kan.), 461
– Charys Holding Co. plan confirmed (Bankr. D. Del.), 292
– City water bill listed as unsecured debt in confirmed Ch. 13 plan binding (E.D. Mich.), 444
– Event reasonably certain to occur, Ch. 13 plan confirmation may hinge on (5th Cir.), 1109
– Frequently litigated issues, judges discuss at conference, 1435
– Great Circle Family Foods, Krispy Kreme franchisee second amended plan confirmed (Bankr. C.D. Cal.), 1062
– Income tax due on farm sale of hogs before Ch. 12 filing is unsecured claim (8th Cir.), 1373
– Insider as sole creditor, court finding and denial of confirmation proper (N.D. Ill.), 1139
– Kimball Hill Inc. and affiliated firms, joint reorganization plan and disclosure statement confirmed (Bankr. E.D. Ill.), 368
– Legality of confirmed plan, equitable mootness does not bar review (5th Cir.), 1451
– Linens Holding Co. third amended plan confirmed (Bankr. D. Del.), 932
– Mobile home affixed to land covered by security agreement with bank, plan properly confirmed (M.D. Ga.), 193
– Nutritional Sourcing Corp. liquidation plan confirmed (Bankr. D. Del.), 1379
– Paper Intl. joint reorganization plan confirmed (Bankr. S.D.N.Y.), 893
– Projected disposable income

See PROJECTED DISPOSABLE INCOME

– Propex Inc., first amended joint liquidation plan confirmed (Bankr. E.D. Tenn.), 1252
– Purchase money security interest (PMSI)

– – Cramdown, vehicle negative equity is part of PMSI protected from (2d Cir.), 1527
– – Negative equity on trade-in vehicle, creditor holds, debt may not be bifurcated (10th Cir.), 1151
– – New car, creditor holds in negative equity financing included in sale (8th Cir.), 1348
– – Vehicle cost, gap insurance, and extended warranty covered (5th Cir.), 1349

– Reunion Indus. Inc. second amended plan confirmed (Bankr. D. Conn.), 465
– Sanitec Indus. plan confirmed (Bankr. C.D. Cal.), 560
– Security agreement with bank covers mobile home affixed to land, plan properly confirmed (M.D. Ga.), 193
– Smitty's Building Supply joint reorganization plan confirmed (Bankr. E.D. Va.), 894
– Southeast Banking Corp. third amended plan confirmed (Bankr. S.D. Fla.), 403
– Spectrum Brands Inc. plan confirmed, DIP financing announced (Bankr. W.D. Tex.), 932
– Stock Building Supply Holdings joint reorganization plan confirmed (Bankr. D. Del.), 894
– Student loans and unsecured creditors, Ch. 13 plan payments may discriminate between (Bankr. E.D. Wis.), 611
– Unattached mobile home and acreage, debtors may cram down secured creditor interest (6th Cir.), 646
– Valuation of debtor, equity committee denied stay pending appeal (W.D. Tex.), 1097
– WCI Communities Inc. and subsidiaries, homebuilding and real estate services firm, second amended joint reorganization plan confirmed (D. Del.), 1251

CONGRESS, U.S.

– Federal legislation

See LEGISLATION, FEDERAL

– Overview of pending bills, chart

– – Banking, 1319
– – Bankruptcy reform, 539; 543; 1318
– – Derivatives, 541; 1320
– – Fair lending, 542
– – Mortgages, 540
– – Securities, 1321
– – Securitizations, 544

CONSTITUTIONAL LAW

– Commerce Clause, payday lender licensing law not violation (10th Cir.), 45
– Double jeopardy, retrial barred after mixed verdicts on charges with shared essential elements (U.S., rvs and rem), 888
– Due process

See DUE PROCESS

– Fifth Amendment, hedge fund operator and codefendants cannot invoke to stop receivership action (S.D. Fla.), 509
– Free speech

See FREEDOM OF SPEECH

CONSTRUCTION

See BUILDING AND CONSTRUCTION

CONSULTING

– BearingPoint Inc. and subsidiaries, management and technology consultant files for Ch. 11 protection (Bankr. S.D.N.Y.), 258; motion to shorten time for approval of bidding procedures granted, 436; sale of business unit to PricewaterhouseCoopers approved, 800; false financial data, investor class action remanded (4th Cir.), 1140

CONSUMER CREDIT

– Budget planner laws should extend to debt settlement firms, N.Y. official says, 698
– Credit cards

See CREDIT CARDS

– Credit checks, bar on use as term of employment

See LEGISLATION, FEDERAL, HR 3149

– Credit counseling

– – Economic downturn increases consumer use, study shows, 853
– – Licensing exemption applies only to lawyers licensed in state (S.C.), 739

– Credit reports

See CREDIT REPORTS

– Debt settlement

See DEBT SETTLEMENT

– Dispute resolution, binding arbitration disfavored, 1079
– FACTA

See FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

– Post-petition lender properly relied on court-approved financing order, creditor appeal properly denied (B.A.P. 1st Cir.), 394
– Securities class action filings surge in wake of subprime and credit crises, Stanford Law School report shows, 71
– TILA

See TRUTH IN LENDING ACT (TILA)

CONSUMER PROTECTION

– Checking account overdraft fees, limits on

See LEGISLATION, FEDERAL, S 1799

– Congressional Outlook 2009, Special Report, 132; 139
– Consumer Financial Protection Agency, Treasury official urges Senators to support, 981; further developments, see LEGISLATION, FEDERAL, HR 3126
– Consumer Product Safety Improvement Act (CPSIA), negative effects will be long-lasting, manufacturers say, 271
– Credit cards

See CREDIT CARDS

– Credit repair firm violated CROA and Ark. Deceptive Trade Practices Act (E.D. Ark.), 864
– Debt collection fraud complaints rising in weak economy, officials say, 346
– Debt settlement firm owner jailed after refusal to follow court order to cease operations, return funds to defrauded clients (Md. Cir. Ct.), 1165
– Default judgments in debt collection actions, state seeks to invalidate due to process server fraud (N.Y. Sup. Ct.), 1080
– Effect of economic crisis, conferees discuss, 479
– FACTA

See FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

– Federal oversight and strong standards critical, consumer literacy also important, Bair says, 905
– Federal Reserve Board

– – Role retention, official testifies before House panel, 1028; nonbank subsidiaries of bank firms, protection role to be broadened, 1309
– – Rulemaking, Fed to use more consumer testing, 1499

– Federal Trade Commission (FTC)

– – Consumer Sentinel Data Book, identity theft number one complaint in 2008, report says, 306
– – Financial fraud, chair seeks more authority, 416
– – Industries to face increase in actions under new chief, 1031
– – power, bill to increase

See LEGISLATION, FEDERAL, HR 2309

– – Telemarketing rule, amendments would expand debt relief services prohibitions, 1198

– Financial literacy key to averting future credit crises, experts say, 860
– Financial Product Safety Commission, creation

See LEGISLATION, FEDERAL, HR 1705, S 566

– Loan applicants charged for debit cards, settlement reached with firm and principals (N.D. Cal.), 1225
– Mortgage and foreclosure scams, federal and state agencies launch coordinated effort to combat, 474; FTC seeks comment on how to draft rules, 777; N.Y. attorney general issues subpoenas re violation of state laws, 814; comment period extended, News Brief, 816; illegal upfront fee collection, firms face suit (Fla. Cir. Ct.), 1081; more complaints filed (D.D.C., C.D. Cal.), 1356
– Operation Short Change, federal/state effort to crack down on fraud launched, 946
– Regulatory enhancement

See LEGISLATION, FEDERAL, HR 3310

– SEC investor protection powers, Obama administration sends proposed legislation to Congress, 985

CONTEMPT

– Civil contempt

– – Debtor incarceration (U.S., rev sought), 784; (rev den), 1444
– – Habeas corpus (U.S., rev sought), 48; (rev den), 106

– Trust fund taxes, IRS violation of sale pact not shown, contempt order properly denied (W.D. Ky.), 116

CONTENTS OF PLAN

See CONFIRMATION OF PLANS

CONVERSION OF BANKRUPTCY CASES

– Archway Cookies granted permission to convert Ch. 11 case to Ch. 7 (Bankr. D. Del.), 89; unsecured creditors file adversary proceeding for fraud, 153
– Court's retroactive conversion from Ch. 11 to Ch. 7 proper (6th Cir.), 1108
– Debtor lack of effort to sell property does not prevent conversion from Ch. 11 to Ch. 7 (D. Conn.), 841
– Failure to file tax returns warranted conversion from Ch. 13 to Ch. 7 (B.A.P. 1st Cir.), Case in Brief, 1188
– HomeBanc Mortgage Corp. converts from Ch. 11 to Ch. 7 (Bankr. D. Del.), 291
– HRP Myrtle Beach Holdings LLC and affiliated entities granted motion to convert from Ch. 11 to Ch. 7 (Bankr. D. Del.), 58; FPI MB Group agrees to purchase assets, approval hearing set, 221

CORPORATIONS

– Malpractice, corporate client bankruptcy creates risk that claims may follow, conferees told, 365
– Person aggrieved has standing to participate in Ch. 11 case (D.V.I.), 1209
– Refusal to pay wages, liquidation not defense (Wash.), 970
– Reorganizations, securing cost basis, Analysis and Perspective, 700
– Thelen LLP employees file suit against partners for wages owed (N.D. Cal.), 990
– Unpaid multiemployer benefit fund contributions, corporate veil will not be pierced to hold firm owner liable (D. Minn.), 462

CRAMDOWN

– Foreclosures, Senate panel considers option to help struggling homeowners, 1065
– Negative equity in vehicle is part of purchase money security interest, protection from cramdown upheld (2d Cir.), 1527
– Unattached mobile home and acreage, debtors may cram down secured creditor interest (6th Cir.), 646

CREDIT CARDS

– Abusive practices ban, disclosure increase, and underage consumer protection

See LEGISLATION, FEDERAL, S 414

– Balance transfer to pay other credit card properly deemed voidable preference (6th Cir.), 442
– Bank-to-bank transfer to pay credit card is avoidable preference (11th Cir.), 936
– Bill of rights, creation

See LEGISLATION, FEDERAL, HR 627, HR 3606, HR 3639, S 1833

– Chase Bank to release debt of card holders duped by sham debt management firm (Fla. Cir. Ct.), 1036
– Cynergy Data LLC and affiliates, merchant credit card processing service provider files for Ch. 11 protection, asset purchase agreement reached with stalking horse bidder (Bankr. D. Del.), 1297; asset sale bidding procedures approved, 1342
– Data breach, TJX Cos. reaches agreement with 41 state attorneys general (Mass. Super. Ct.), 947
– Delinquency rate hits new record, ABA announces, 1429
– FACTA

See FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

– FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

– High cost debts, bill to disallow some claims resulting from

See LEGISLATION, FEDERAL, S 257

– Legislative reforms, Obama cites core principles needed, 570
– Link to bankruptcy, House panel discusses, 468
– Loan from 2 cards, use to repay other debt 90 days before filing is voidable (10th Cir.), 63; (U.S., rev sought), 784; (rev den), 956
– Rate hikes

– – Caused by cardholder default, contemporary notice required, 476
– – Dodd (D-Conn) and Schumer (D-NY) urge Fed to use emergency powers to halt, 572
– – Freezing rates on existing balances, Dodd to introduce bill, 1535

– Regulatory reforms, Fed, OTS, and NCUA action may signal broader action, Congress members say, 19; reform measure, Dodd (D-Conn) introduces, bankers say new rules need time to work, 232
– TILA

See TRUTH IN LENDING ACT (TILA)

CREDIT REPORTS

– Accuracy, FTC to propose nationwide study, 20
– Bank of Am. settles class action by power-of-attorney applicants re non-customer practices (E.D. Pa.), 199
– Consumer fee, FTC raises maximum amount, News Brief, 73
– Credit checks, bar on use as term of employment

See LEGISLATION, FEDERAL, HR 3149

– Failure to protect data and verify client ID, FTC settles charges with tenant screening services firm (D. Minn.), 347
– FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

– Free annual credit report, FTC official urges consumers to visit web site to obtain, 381
– Repair firms, FTC cites for deceiving consumers, 382

CRIMINAL LAW AND PROCEDURE

– Accounting fraud, jewelry firm CEO sentenced, forfeiture ordered (E.D.N.Y.), 641
– Big Dig contractor admits false statements re workmanship quality, charges re tunnel ceiling collapse dropped in guilty plea (D. Mass.), 640
– Clean Water Act violations, Atlantic Wire pleads guilty (Conn. Super. Ct.), 34
– Delinquent Ala. taxpayers granted reprieve from prosecution, 201
– Documents seized by civil receiver admissible in criminal prosecution (5th Cir.), 736
– Hedge fund operator and codefendants cannot invoke Fifth Amendment protections to stop receivership action (S.D. Fla.), 509
– Madoff fraud

See MADOFF FRAUD

– Retrial barred after mixed verdicts on charges with shared essential elements (U.S., rvs and rem), 888