Bankruptcy Law Reporter Index-Summary

FABRICS

FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

– Confirmation e-mail of online transaction not covered (S.D. Fla.), 890
– Expiration date printed on credit card receipts, class certified in suit against Buffalo Wild Wings (N.D. Ill.), 341
– Grocer credit card receipt violations, consumer class certified (N.D. Ill.), 513
– Risk-based pricing notice, proposed Fed and FTC rules would require creditors to provide on less favorable credit offers, 599

FAIR CREDIT REPORTING ACT (FCRA)

– Cal. privacy law not entirely preempted by FCRA (9th Cir.), 1060
– Emotional distress claim re inaccurate negative information in credit report may proceed (E.D. Mo.), Case in Brief, 975
– Equifax faulty disclosures, class action certified (N.D. Ill.), 1263
– Expert testimony not always needed (D.C. Cir.), Case in Brief, 341
– Failure to note dispute in credit report data, punitive damages award against bank proper (4th Cir.), 634
– Firm offer of credit, firms have leeway re disclosure of terms (7th Cir.), 510
– Identity theft, Equifax report errors, emotional distress award reduced (4th Cir.), 75
– Printing limits apply to online transactions (S.D. Fla.), Case In Brief, 341
– Safeco Ins. Co. not liable for noncompliance, violation not willful (9th Cir.), 98
– Solicitation letters, suit re receipt, class certified (E.D. Wis.), 370
– TransUnion misuse of personal data, class action plaintiffs file brief in support of final settlement approval (N.D. Ill.), 1092
– Unsolicited letter about credit for home loan did not violate (1st Cir.), 404
– Willfulness of mortgage insurer's violation (U.S., judg vac), 728

FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

– Abusive and misleading practices, Fla. agency settles FTC charges (M.D. Fla.), 127
– Attempt to collect 50 percent collection fee violates provisions (S.D. Ind.), 270
– Attorneys' fees

– – Lodestar determination requires findings re relevant community and prevailing rate (9th Cir.), 211
– – Reduced award upheld (11th Cir.), 240

– Bounced check purchasing firm and lawyer properly held liable (U.S., rev den), 1370
– Cheek & Zeehandelar suit, class definition modified, monetary damages claim dismissed (S.D. Ohio), 1157
– Collection by homeowners' counsel (U.S., rev den), 1231
– Collection letters

– – “Legal department,” letter from can be inferred as message from lawyer (3d Cir.), 1057
– – Medical bills, class settlement wins preliminary approval (D.N.J.), Case in Brief, 27
– – No confusion in letter, no violation (7th Cir.), 1394

– CompuCredit Corp., FTC and FDIC file charges re deceptive marketing practices and abusive debt collection (N.D. Ga., FDIC), 728
– Corporate veil piercing not needed to hold LLC member individually liable re violations (6th Cir.), 308
– Counsel fee, attempt to collect not bona fide error, judgment proper (9th Cir.), 887
– Discovery, plaintiffs filing claims may conduct to identify collector (D.N.M.), 575
– Dispute period illegally shortened (2d Cir.), 275
– Early morning telephone calls to collect commercial debt not protected (N.D. Ill.), Case in Brief, 129
– Education and enforcement, FTC sends report to Congress, 368
– Error defense applies to legal and procedural mistakes (6th Cir.), 1058
– Fleet Bank credit card, FDCPA and state law claims against debt collector dismissed (M.D. Pa.), 1231
– Medicare program fiscal intermediary not covered (3d Cir.), 1198
– Prerecorded messages, class certified in suit against Encore Receivable Mgmt. (W.D. Wis.), 26
– Proof of debt lacking, dismissal of claims proper (U.S., rev den), 211
– Proper communication, FTC advises foreclosure group, 368
– Subsequent debt collector covered, expected recovery limited (D.N.J.), 1199
– Tax collection, 5 violations by IRS employees found in 2007, TIGTA reports, 1091
– Time-barred debts, class certified in suit against collection agency (N.D. Ill.), 540
– Unfair and deceptive practices, largest-ever civil penalty assessed against firm and owner, FTC announces (D. Nev.), 1425

FANNIE MAE

See GOVERNMENT-SPONSORED ENTERPRISES (GSEs)

FCC

See FEDERAL COMMUNICATIONS COMMISSION (FCC)

FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

FDCPA

See FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

FDIC

See FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)

FEDERAL COMMUNICATIONS COMMISSION (FCC)

– Do-not-call registry, FCC orders telemarketers to honor registrations indefinitely, 765
– Spectrum licenses, trustee not entitled to funds after FCC cancellation and sale (U.S., rev sought), 68; (rev den), 516

FEDERAL COURTS

– Bankruptcy filings up in 2007, AOUSC report, 457; rise continues through March 2008, AOUSC report, 680; rise continues through June, AOUSC report, 1038; filings up 30 percent for FY2008, AOUSC report, 1468
– Financial management classes, EOUST report shows high debtor satisfaction, 720
– Misconduct by judges, U.S. Judicial Conference sets guidelines for complaints, 340

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)

– Alpha Bank and Trust closes, assets sold to Stearns Bank, FDIC announces, 1291
– Bank deposit insurance level, candidates and lawmakers seek boost, 1160; Reid (D-Nev) proposes linking bailout to insurance boost, 1161
– Bank failures and problem banks rise, report shows, 1424
– Capital pledge by holding company, FDIC given low priority in suit to collect (9th Cir.), 749
– CompuCredit Corp., FTC and FDIC file charges re deceptive marketing practices and abusive debt collection (N.D. Ga., FDIC), 728
– Financial crisis started with housing and will end with housing, Bair tells conferees, 1422
– Loan modification efforts should serve as catalyst for others, chief tells House panel, 1126
– Low and moderate income households, FDIC issues best practices for loans, 1055
– Mortgages

– – Loan modification role urged for FDIC, 1312; plan still in talks, emergency liquidity moves helping, Bair says, 1392
– – Market crisis, Community Reinvestment Act not cause, Bair says, 1455
– – Unaffordable mortgages, FDIC proposal would reduce loan principal by providing Treasury Dept.-funded loans to borrowers, 571

FEDERAL ENERGY REGULATORY COMMISSION (FERC)

See generally ENERGY

FEDERAL HOUSING ADMINISTRATION (FHA)

– Community stabilization bill

See LEGISLATION, FEDERAL, HR 5830

– Downpayment assistance for FHA loans

See LEGISLATION, FEDERAL, HR 6694

– Insurance ceiling and conforming loan cap part of Frank (D-Mass) 2008 agenda, 123
– Modernization must be balanced with helping distressed home buyers, Murray (D-Wash) says, 472
– Subprime lending, agency reforms would increase help for borrowers, 46

FEDERAL LEGISLATION

See LEGISLATION, FEDERAL

FEDERAL RESERVE BOARD

– Abusive subprime mortgages, comment sought on proposal to curb, 17
– Automobile loan practices, Fed bars Fla. bank exec from industry, 128
– Availability of consumer credit, Boston Fed finds redlining based on racial makeup of neighborhood, 339
– Consumer protection, Fed should be relieved of responsibilities to ensure continued political independence, Shadow Panel recommends, 574
– Credit cards

– – New, tougher regulations, to be unveiled, witnesses tell House panel, 510; consumer advocacy panel to meet, 633
– – Regulatory reforms, Fed, OTS, and NCUA seek comment, bankers critical, 572

– Economic outlook, Bernanke outlines murky growth and inflation prospects before Senate panel, 850
– Foreclosures

– – Atlanta Fed issues free prevention DVD to educate homeowners and counselors, 666
– – Crisis causing ripples in other markets, San Francisco Fed chief warns, 851
– – Home price drop dominant factor in rise, study shows, 19
– – Web-based resource center, Kansas City Fed launches, News Brief, 856

– Home Ownership Equity Protection Act (HOEPA)

– – Abusive loan crackdown, bankers support while urging redefinition of higher-priced loans, 475
– – Dodd (D-Conn) praises Bernanke policy, 179

– Housing market meltdown triggered by ARMs and price drops, Fed analyst says, 157
– Increasing debt level raises bankruptcy filings, St. Louis Fed reports, 438
– JPMorgan Chase acquisition of Bear Stearns, Grassley (R-Iowa) orders staff to examine Fed role in financing, 369; settlement highlights concerns for mortgage servicers, FTC says (E.D. Tex.), 1091
– Lending standards, banks tightening, Fed reports, 973
– Mortgages

– – Lending, final regs to be issued in July, official says, 632; regs released, 852
– – Market crisis

– – – Community Reinvestment Act not cause, official says, 1340; 1456
– – – Emergency loans, Fed may extend, Treasury seeking other solutions, 820; new actions to boost lending announced, 1423

– – Refinancing, Fed launches online resource site, 1057

– Net worth of Americans declines again, Fed flow of funds report shows, 1127
– N.Y. Fed launches pro bono pilot to keep homeowners in homes, 665
– Recession possible, second-half growth expected, Bernanke tells Congress, 437
– Regulatory changes, economic risks remain, Bernanke tells conferees, 1024
– Sovereign wealth funds, Paulson welcomes investment in banks, 43
– Subprime loans

– – Late payments and foreclosures continue, Fed report shows, 1128
– – Market crisis has long roots and many causes, Philadelphia Fed official says, 664

– Survey of loan officers shows tough credit environment, 1315

FEDERAL SENTENCING GUIDELINES

– Failure to disclose line of credit and history of financial crimes justified enhancement (10th Cir.), 42
– False statements, loss calculation, restitution, increase in sentence based on acquitted conduct (U.S., rev den), 1203
– Loss from concealing asset may not be value of hidden asset (9th Cir.), Case in Brief, 68
– Pre-sentencing delay does not justify variance from guidelines (6th Cir.), 1022
– Restitution, false statement, increase in sentence based on acquitted conduct (U.S., rev sought), 486

FEDERAL TRADE COMMISSION (FTC)

– CompuCredit Corp., FTC and FDIC file charges re deceptive marketing practices and abusive debt collection (N.D. Ga., FDIC), 728
– Consumer education and online fraud protection, FTC report vows increase, 439
– Consumer protection, financial services firm efforts and initiatives, FTC highlights, 276; emphasis on issues highlight FY2009 budget, 634
– Contactless payments, conferees give mixed reviews, 922
– Credit-based insurance scores, impact on homeowner insurance, FTC seeks comment re reporting proposal, 633
– Credit repair

– – False promises, asset freeze ordered against Tex. firm (N.D. Tex.), 891
– – Home credit repair firm settles FTC charges re Credit Repair Organizations Act violations (S.D.N.Y.), 666

– Data security, TJX and Reed Elsevier consent orders finalized (FTC), 953
– Debt collection

– – Abusive and misleading practices, Fla. agency settles FTC charges (M.D. Fla.), 127
– – Proper communication under FDCPA, FTC advises foreclosure group, 368
– – Scheme targeting Hispanic customers, settlement reached (C.D. Cal.), 730
– – Unfair and deceptive practices, largest-ever civil penalty assessed against firm and owner (D. Nev.), 1425

– Debt reduction services

– – For-profit industry, FTC to examine growth at workshop, 854
– – Scam, FTC settles with firms and individuals (D. Colo.), 212; final defendant settles, 541

– Deceptive mortgage lending practices, probe continues, 729
– False foreclosure rescue claims, FTC files complaints against scammers (M.D. Fla., E.D. Tex.), 277
– FDCPA, education and enforcement, FTC sends report to Congress, 368
– Fraud prevention forum announced, 1232
– FTC Act, small businesses and nonprofits protected (N.D. Ill.), 512
– Identity theft

– – Agency treatment of victims, FTC to study, 825
– – Credit freezes, comment sought re impact and effectiveness, 70
– – “Red flag” rules will affect variety of industries, agency lawyer says, 1261; enforcement delayed, 1289
– – Social Security number use in private sector, FTC close to finalizing recommendations, official says, 603

– Internet payday lenders settle advertising disclosure charges (FTC), 311
– Mortgage firm fined for tossing sensitive customer data in trash in violation of FTC disposal rule (N.D. Ill.), 53
– Payday loans, lead generators settle suit re missing APR data (FTC), 790
– Phishing scams, report highlights strategies for combating, 854
– Prepaid debit card marketers settle FTC claims (C.D. Cal.), 127
– Small businesses, credit card processing firms settle FTC deception claims, 635
– Subprime lending scams, senators urge stronger response, 538
– Telemarketing

– – False representation charges, telemarketers settle (S.D. Fla.), 606
– – Fraud sweep, FTC announces international effort, civil and criminal cases filed, 667
– – Prerecorded calls

– – – Restrictions announced, 1026
– – – “Voice broadcaster” settles charges re use (C.D. Cal.), 129

FEES

– Attorneys

See ATTORNEYS' FEES

– Health plan administrator breached ERISA duties by paying itself administrative fee (E.D. Ky.), 1112
– Mortgage rescue firms, Ill. attorney general files fraud suits, 22

FERC (FEDERAL ENERGY REGULATORY COMMISSION)

See generally ENERGY

FHA

See FEDERAL HOUSING ADMINISTRATION (FHA)

FIDUCIARY DUTY

– Ch. 11 trustee, creditor may sue for gross negligence but not for business judgment (Bankr. C.D. Cal.), 8
– Conflicts of interest, law firm talks with in-house counsel not protected by attorney-client privilege (E.D. La.), 1409
– ESOP participant breach claim not revived by Supreme Court ruling on related issue (M.D. Ala.), 683
– Failed startup company, administrator breached duties by investing pension plan assets (D. Haw.), 386
– 401(k) fiduciary did not breach duty by divesting plan of W.R. Grace stock (D. Mass.), 172
– Liquidation of 401(k) plan company stock fund may have been breach, suit may proceed (E.D. Pa.), 1014
– Oneida Ltd. employees may proceed with claim that breaches led to pension plan termination (N.D.N.Y.), 622
– Owens Corning employee suit against fiduciaries and trustee may proceed (N.D. Ohio), 459
– Self-interested actions, private equity firm must face trustee charges (Bankr. D. Del.), 654

FILINGS OF NOTE

– Ed. Note: Unless otherwise specified, all filings are under Ch. 11.
– Accentia Biopharmaceuticals Inc. and affiliates (Bankr. M.D. Fla.), 1385
– Affinity Technology Group Inc., patent licensing company (Bankr. D.S.C.), 1017
– Agriprocessors Inc., kosher meat packer (Bankr. E.D.N.Y.), 1332; firm and management indicted on immigration and bank fraud charges (N.D. Iowa), 1411
– ALC Falcon LLC, assisted living center (Bankr. D. Md.), 1308
– Alitalia-Linee Aeree Italiane S.p.A., Italian national airline, Ch. 15 (Bankr. S.D.N.Y.), 1332; EC approves rescue plan, illegal bridge loan must be repaid, 1357
– Aloha Airlines Inc. (Bankr. D. Haw.), 357; operations cease, 425
– American Color Graphics (Bankr. D. Del.), 877
– American LaFrance LLC, fire, rescue, and EMS vehicle manufacturer (Bankr. D. Del.), 147; firm emerges from bankruptcy, 912
– AMS Health Sciences Inc., natural supplement retailer (Bankr. W.D. Okla.), 28
– Ascendia Brands, bath, health, and beauty care products manufacturer and distributor (Bankr. D. Del.), 965
– Atlantis Plastics Inc., polyethylene stretch and custom films and molded plastic products manufacturer (Bankr. N.D. Ga.), 966; sale of some businesses approved, 1217
– Axium Intl. Inc., entertainment industry payroll and accounting services provider (Bankr. C.D. Cal.), 76
– Bally Total Fitness Corp. (Bankr. S.D.N.Y.), 1446
– Bellwright Industries Inc., precision parts manufacturer (Bankr. D.S.C.), 361
– BFWest LLC, construction lending firm (Bankr. S.D. Fla.), 390
– Bill Heard Enterprises Inc., Chevrolet dealer group (Bankr. N.D. Ala.), 1187
– Blue Water Automotive Systems Inc., automotive comfort and convenience systems designer (Bankr. E.D. Mich.), 199
– BluePoint Re Limited, insurance firm, Ch. 15 (Bankr. S.D.N.Y.), 990
– Boom Drilling Inc. (Bankr. W.D. Okla.), 1084
– Boscov's Investment Co. and affiliates, retail merchandise department store (Bankr. D. Del.), 966; asset sale approved, 1385
– Bray & Gillespie Mgmt. LLC, hotel management firm (Bankr. M.D. Fla.), 1113
– Brooke Corp. and affiliates, insurance and related services seller (Bankr. D. Kan.), 1308
– BTWW Retail LP and affiliates, western wear firm (Bankr. N.D. Tex.), 1360
– Buffets Holdings Inc., steak restaurant parent company (Bankr. D. Del.), 115
– Cadence Innovation LLC, automotive systems and components supplier (Bankr. D. Del.), 1046
– CAPCO Energy Inc., oil and gas exploration and production firm (Bankr. S.D. Tex.), 498
– CDX Gas LLC and affiliated entities, unconventional onshore natural gas exploration, development, and production firm (Bankr. S.D. Tex.), 1476
– Champ Car World Series LLC (Bankr. S.D. Ind.), 296
– Chapeau Inc., doing business as Blue Point Energy (Bankr. D. Nev.), 1333
– Ciena Capital LLC, loan servicer (Bankr. S.D.N.Y.), 1186
– Ciprico Inc., enterprise class storage software, solutions, and appliances provider (Bankr. D. Minn.), 941
– Circuit City Stores Inc. and affiliates (Bankr. E.D. Va.), 1331
– Comfort Co. Inc. and affiliates, mattress manufacturer (Bankr. D. Del.), 1251
– ContinentalAFA Dispensing Co., designer and manufacturer of trigger sprayers for consumer product companies (Bankr. E.D. Mo.), 990
– Cornerstone Ministries Investments Inc., investment manager for nonprofit, faith-based facilities (Bankr. N.D. Ga.), 199
– Corporacion Durango S.A.B. de C.V., Mexican paper manufacturer, Ch. 15 (Bankr. S.D.N.Y.), 1218
– Creative Loafing Inc., weekly newspaper parent firm (Bankr. M.D. Fla.), 1186
– Dan River Inc. and subsidiaries, retailer (Bankr. D. Del.), 528
– Deep Ocean Expeditions LLC, deep-sea diving excursion operator (Bankr. W.D. Wash.), 718
– Diablo Grande Resort and Golf Club (Bankr. E.D. Cal.), 329
– Diomed Holdings Inc., minimally invasive medical technologies developer and marketer (Bankr. D. Mass.), 329
– Distributed Energy Systems Corp., energy solutions provider (Bankr. D. Del.), 718
– Dormia Inc. and affiliated firms (Bankr. D. Md.), 779
– Ecoventure Wiggins Pass Ltd., luxury waterfront condominium owner/developer (Bankr. M.D. Fla.), 812
– Education Resources Inst. Inc., nonprofit private education loans guarantor (Bankr. D. Mass.), 462
– Equity Media Holdings Corp., broadcaster (Bankr. E.D. Ark.), 1477
– Ethanex Energy Inc., ethanol production firm (Bankr. D. Kan.), 428
– EZ Lube LLC and Xpress Lube Inc. (Bankr. D. Del.), 1476
– Firstline Security Inc., home and business online security products provider (Bankr. D. Utah), 147
– Flagship Global Health Inc., membership-based health care organization, Ch. 7 (Bankr. S.D.N.Y.), 1047
– Focus Enhancements Inc., wireless audio and video distributor (Bankr. N.D. Cal.), 1114
– Fremont General Corp., financial services holding company (Bankr. C.D. Cal.), 779
– Friedman, Billings, Ramsey Group Inc. mortgage origination subsidiary (Bankr. S.D. Fla.), 115
– Frontier Airlines Inc. (Bankr. S.D.N.Y.), 458; exit financing secured, 912
– Gemini Cargo Logistics Inc. and affiliates, aircraft, crew, maintenance, and insurance operator (Bankr. S.D. Fla.), 779
– GETRAG Transmission Manufacturing LLC (Bankr. E.D. Mich.), 1416
– Goody's Family Clothing Inc., apparel retailer (Bankr. D. Del.), 718; plan confirmed, 1217; emergence announced, 1249
– Greektown Casino LLC and affiliated firms (Bankr. E.D. Mich.), 685
– Harbour Walk Preserve LLC, real estate developer (Bankr. S.D. Fla.), 685
– Harold's Stores Inc., specialty apparel chain (Bankr. W.D. Okla.), 1386
– Harvey Electronics Inc., custom home entertainment products retailer (Bankr. S.D.N.Y.), 56
– Hawaiian Telecom Communications Inc. and affiliates (Bankr. D. Del.), 1448
– Heartland Automotive Holdings Inc., Jiffy Lube franchisee and related firms (Bankr. N.D. Tex.), 115
– Heckethorn Mfg. Co. and affiliates, automotive components designer and manufacturer (Bankr. W.D. Mich.), 655
– H&H Meat Products Co. (Bankr. S.D. Tex.), 56
– Hines Horticulture Inc. and affiliates, nursery distributor (Bankr. D. Del.), 1017
– Hoop Holdings LLC, subsidiary of The Children's Place Retail Stores Inc. and affiliates (Bankr. D. Del.), 390
– Hospital Partners of Am. (Bankr. D. Del.), 1151
– HRP Myrtle Beach Holdings LLC and affiliated entities (Bankr. D. Del.), 1152
– Hurricane Memphis LLC, doing business as Pat O'Brien's-Memphis (Bankr. W.D. Tenn.), 624
– IdleAire Technologies Corp., producer and marketer of truck stop heating and cooling technology (Bankr. D. Del.), 595
– Immunicon Corp., cancer disease management products researcher (Bankr. D. Del.), 752
– IndyMac Bank holding company, Ch. 7 (Bankr. C.D. Cal.), 941; FDIC unveils loan modifications, 1013
– Intermet Corp. and affiliates, cast-metal automobile components manufacturer (Bankr. D. Del.), 990
– Introgen Therapeutics Inc., biopharmaceutical firm (Bankr. W.D. Tex.), 1448
– Isabella Fiore LLC, handbag and footwear designer (Bankr. C.D. Cal.), 391
– Jevic Transportation Inc. and 3 affiliates (Bankr. D. Del.), 656; workers sue re lack of notice of plant closure (N.J. Sup. Ct.), 810
– JHT Holdings Inc., heavy- and medium-duty truck transportation services provider (Bankr. D. Del.), 812; second amended plan confirmed, 1249; emergence announced, 1280
– KB Toys Inc. and affiliates (Bankr. D. Del.), 1477
– Kendall Hospital LLC (Bankr. D. Neb.), 498
– Key Plastics LLC and Key Plastics Finance Corp., supplier of engineered plastic components to light vehicle manufacturers (Bankr. D. Del.), 1478
– Kimball Hill Inc. and affiliated firms, home builder (Bankr. N.D. Ill.), 528
– Kurlemann Builders Inc., luxury home builder (Bankr. S.D. Ohio), 297
– Laketown Wharf Marketing Corp., real estate entity (Bankr. N.D. Fla.), 1218
– LandAmerica Financial Group Inc. and subsidiary, real estate transaction services provider (Bankr. E.D. Va.), 1447
– Landsbanki Islands Hf, Icelandic bank, Ch. 15 (Bankr. S.D.N.Y.), 1478
– LandSource Communities Development LLC and affiliated firms (Bankr. D. Del.), 752
– Lehman Bros. Holdings Inc., fourth largest investment bank (Bankr. S.D.N.Y.), 1077; regulators act to calm markets as firms react, 1077; Lehman Brothers Japan files for equivalent of Ch. 11 protection, 1078; counterparty fallout, banks and ISDA announce joint efforts to manage, 1090; German bank suspends board members re error in transaction with Lehman, 1107; hedge funds and investment fund challenge sale of assets to Barclays Capital, 1107; municipal issuers should prepare for aftereffects, SEC official says, 1128; agreement with private equity firms re sale of investment management business announced, 1145; firm was healthy days before filing, CEO tells House panel, 1181; employee retention and recruitment program, authorization sought, 1304; energy trading subsidiary, FERC approves sale to French utility, 1305; fired worker files class action on behalf of former employees, 1358; PBGC files suit to protect pension plan participants, 1470
– Leiner Health Products Inc. and U.S. affiliates, store-brand VMS manufacturer (Bankr. D. Del.), 329
– Lenox Group Inc., collectible and giftware products retailer (Bankr. S.D.N.Y.), 1415
– Lillian Vernon Intl. Inc., catalog and online retailer (Bankr. D. Del.), 234
– Linens Holding Co. and subsidiaries, home furnishing specialty retailer (Bankr. D. Del.), 562
– Longbranch Saloon Enterprises Inc., restaurant and musical club (Bankr. E.D.N.C.), 234
– Luminent Mortgage Capital Inc. and affiliated entities, debtor-in-possession financing secured (Bankr. D. Md.), 1084
– MAAX Corp. and affiliates, bathroom and spa fixture manufacturer and distributor (Bankr. D. Del.), 878
– Marathon Healthcare Center of New Haven LLC, nursing home chain (Bankr. D. Conn.), 462
– Mattress Discounters Corp. (Bankr. D. Md.), 1114
– MAXjet Airways Inc., “all-premium” air carrier (Bankr. D. Del.), 28
– Mervyn's and affiliates, neighborhood department store chain (Bankr. D. Del.), 912; retail jobs to be cut, 988
– Metromedia Steakhouses Co. (Bankr. D. Del.), 1280
– Metts Construction Inc. (Bankr. D.S.C.), 89
– Michael Vick, suspended Atlanta Falcons quarterback (Bankr. E.D. Va.), 845
– Molecular Imaging Corp., imaging services provider (Bankr. S.D. Cal.), 1479
– Motor Coach Indus. and affiliates, debtor in possession financing approved (Bankr. D. Del.), 1113; first day motions granted, 1307
– Mountain Dreams Publishing Inc. (Bankr. D.N.M.), 529
– Movida Communications Inc., pay-as-you-go wireless services provider (Bankr. D. Del.), 428
– Mrs. Fields Famous Brands LLC and affiliates, snack food industry franchisor (Bankr. D. Del.), 1017; plan confirmed, 1217; emergence announced, 1280
– Namirei-Showa Co. Ltd., manufacturer of air conditioning equipment for ships, Ch. 15 (Bankr. S.D.N.Y.), 1018
– New Century Energy Corp. and subsidiaries (Bankr. S.D. Tex.), 941
– NWL Holdings Inc. and subsidiaries, retail store operator (Bankr. D. Del.), 1360
– Oakwood Homes LLC (Bankr. N.D. Ga.), 76
– Paper International Inc., subsidiary of Corporacion Durango S.A.B. de C.V. (Bankr. S.D.N.Y.), 1218
– Pappas Telecasting Inc., broadcasting firm (Bankr. D. Del.), 595
– Petters Company Inc., financing firm (Bankr. D. Minn.), 1251
– Pierre Foods Inc. and subsidiaries (Bankr. D. Del.), 879; debtor-in-possession financing secured, 989; reorganization plan and disclosure statement filed, 1185; emergence announced, new CEO and board named (Bankr. D. Del.), 1476
– Pilgrim's Pride Corp. and subsidiaries, chicken processing plant and prepared-foods facilities operator (Bankr. N.D. Tex.), 1414
– Platina Energy Group Inc. (Bankr. S.D. Tex.), 1449
– Polar Molecular Corp., fuel additive maker (Bankr. D. Colo.), 89
– Pope & Talbot Inc. and affiliates, softwood lumber and market pulp manufacturer, Ch. 15 (Bankr. D. Del.), 1047
– Portola Packaging Inc. and affiliates, manufacturer of tamper-evident closures, containers, and related products for dairy, juice, and water industries (Bankr. D. Del.), 1047; second amended plan approved, 1250; emergence announced, 1413
– Powermate Corp. and affiliates, power equipment manufacturer (Bankr. D. Del.), 361
– Precision Parts Intl. Services Corp. and affiliated entities, high-precision metal components manufacturer (Bankr. D. Del.), 1479
– Protected Vehicles Inc., designer and manufacturer of mine and ballistic protected vehicles (Bankr. D.S.C.), 173
– ProxyMed Inc., healthcare information technology firm (Bankr. D. Del.), 913; debtor-in-possession financing approved, 1016
– Quebecor World Inc., Canadian commercial printer operator, Ch. 15 (Bankr. S.D.N.Y.), 1187
– RedEnvelope Inc., catalog and online gift retailer (Bankr. N.D. Cal.), 498
– Scan Furniture Co. (Bankr. D. Md.), 56
– SemGroup LP and North American subsidiaries, midstream oil and gas services provider (Bankr. D. Del.), 913; trading probe, Freeh named examiner, 1247
– Shapes/Arch Holdings LLC and subsidiaries, plastic products and door components manufacturer (Bankr. D.N.J.), 362
– Sharper Image Corp., specialty retailer (Bankr. D. Del.), 234
– Shearson Financial Network (Bankr. D. Nev.), 780
– Shells Seafood Restaurants Inc. (Bankr. M.D. Fla.), 1048
– Silver State Helicopters LLC, private flight school (Bankr. D. Nev.), 173
– Sound Barrier Properties LLC, business development and real estate firm (Bankr. M.D. Tenn.), 1252
– Steakhouse Partners Inc., restaurant owner and operator (Bankr. S.D. Cal.), 624
– Steve & Barry's LLC and affiliates, casual apparel retailer (Bankr. S.D.N.Y.), 844; BHY S&B Holdings announces plan to acquire assets, 1016
– Storm Cat Energy Corp. wholly-owned U.S. subsidiaries (Bankr. D. Colo.), 1360
– Sturgis Iron & Metal Co., scrap metal recycling firm (Bankr. W.D. Mich.), 463
– Sun Country Airlines (Bankr. D. Minn.), 1185; wages to be restored in 2009, workers told, 1444
– SunCrest LLC, luxury home builder (Bankr. D. Utah), 499
– Superior Offshore Intl. Inc., provider of subsea construction and commercial diving services to offshore oil and gas industry (Bankr. S.D. Tex.), 562
– SurgiLight Inc., ophthalmic laser manufacturer and retailer (Bankr. S.D.N.Y.), 1219
– Syntax-Brillian Corp. and subsidiaries, LCD HDTV designer, developer, and distributor (Bankr. D. Del.), 844
– Taro Properties Ariz. I LLC, land banking business (Bankr. D. Ariz.), 1018
– Tekoil & Gas Corp., small-to-medium-sized oil and gas fields developer (Bankr. S.D. Tex.), 752
– Tembec Industries Inc. and subsidiaries, forest products business operator, Ch. 15 (Bankr. S.D.N.Y.), 1085
– The Antioch Co., Creative Memories parent firm (Bankr. S.D. Ohio), 1416
– Torrent Energy Corp., non-conventional natural gas reserves exploration firm (Bankr. D. Or.), 719
– TOUSA Inc. and affiliates, home builder (Bankr. S.D. Fla.), 147; reorganization plan and disclosure statement filed, 1250
– Triad Trucking LLC (Bankr. M.D.N.C.), 625
– Tribune Co. and affiliates, media firm (Bankr. D. Del.), 1446
– Tropicana Entertainment LLC, casino owner (Bankr. D. Del.), 560
– Tucson Copper Hill Estates LLC, luxury home developer (Bankr. D. Ariz.), 330
– Tvia Inc., fabless semiconductor firm (Bankr. N.D. Cal.), 1281
– Tweeter Opco LLC, specialty consumer electronics retailer (Bankr. D. Del.), 1361; case converted to Ch. 7, 1445
– Uni-Marts Ohio LLC and subsidiaries, convenience store chain (Bankr. D. Del.), 685
– U.S. Energy Systems Inc. and subsidiaries, green power and renewable energy provider (Bankr. S.D.N.Y.), 76
– Vail Plaza Development LLC, hotel developer (Bankr. D. Colo.), 1308
– Vallejo, Cal. (Bankr. E.D. Cal.), 649; release from union contracts sought, 841; city ruled eligible debtor, 1040; unions appeal ruling, 1108
– Value City Dept. Stores LLC and affiliates (Bankr. S.D.N.Y.), 1281; going-out-of-business sale approved, liquidation manager named, 1385
– VeraSun Energy Corp., ethanol producer and marketer (Bankr. D. Del.), 1333; DIP financing approved, 1445
– Verso Techs. and subsidiaries, next generations network solutions provider (Bankr. N.D. Ga.), 563
– Vertis Communications and affiliated firms (Bankr. D. Del.), 877
– Victor Plastics Inc., custom injection molder of thermoplastics and engineering resins (Bankr. D. Minn.), 89
– Waterloo Service Co., regional wholesale petroleum cooperative (Bankr. N.D. Iowa), 362
– WCI Communities Inc. and subsidiaries, homebuilding and real estate services firm (D. Del.), 940
– Wellman Inc. and subsidiaries, polyester products manufacturer and marketer (Bankr. S.D.N.Y.), 262
– Whitehall Jewelers Holdings Inc. (Bankr. D. Del.), 813
– WorldSpace Inc. and U.S. subsidiaries, subscription-based satellite radio provider (Bankr. D. Del.), 1252
– Xechem Inc., pharmaceutical firm (Bankr. N.D. Ill.), 1361
– Yellowstone Club Construction Co., private ski and golf community (Bankr. D. Mont.), 1386
– Ziff Davis Media Inc., integrated media firm serving tech and video game markets (Bankr. S.D.N.Y.), 297

FINANCIAL INSTITUTIONS

– Assignees can enforce arbitration clauses even if debts are extinguished (8th Cir.), 1166
– Bad-asset bailout, Treasury and Congress struggle to formulate positions, 1120; further developments, see LEGISLATION, FEDERAL, HR 1424, HR 3997
– Capital markets crisis, regulatory reform, Analysis and Perspective, 1426
– Chapter 11 filings

– – Ciena Capital LLC, loan servicer (Bankr. S.D.N.Y.), 1186
– – Fremont General Corp., financial services holding company (Bankr. C.D. Cal.), 779
– – Petters Company Inc., financing firm (Bankr. D. Minn.), 1251
– – Shearson Financial Network (Bankr. D. Nev.), 780

– Consumer protection, efforts and initiatives, FTC highlights, 276
– Credit Suisse First Boston, in pari delicto doctrine bars damage claim re financial advisor services (D. Del.), 747
– Crisis could not have been predicted, will last many months more, Greenspan tells House panel, 1288
– Distressed debt level to rise in 2008, could mean more litigation, expert says, 96
– Europe may soon need rescue plan, OECD official warns, 1196
– Home Ownership and Equity Protection Act, Dodd (D-Conn) praises Bernanke policy, 179
– JPMorgan Chase

– – Bear Stearns acquisition, Grassley (R-Iowa) orders staff to examine Fed role in financing, 369; settlement highlights concerns for mortgage servicers, FTC says (E.D. Tex.), 1091
– – Washington Mutual acquisition means wider branch network, chair says, 1144

– Lehman Bros. Holdings Inc. announces agreement with private equity firms re sale of investment management business, 1145
– Mortgages

See MORTGAGES

– Oversight, Paulson details plan to overhaul, 398
– Overview of pending bills, chart, 410
– Reform effort to be largest in U.S. history, NYSE chair says, 1261
– Troubled Asset Relief Program (TARP)

See TROUBLED ASSET RELIEF PROGRAM (TARP)

FOOD

See also RESTAURANTS
– Archway Cookies LLC and Mother's Cake and Cookie Co., Lance Inc. obtains approval to be “stalking horse” bidder for primary assets (Bankr. D. Del.), 1413
– Bakery worker collective bargaining agreements, Interstate Bakeries motion to reject granted (W.D. Mo.), 387
– Chapter 11 filings

– – Agriprocessors Inc., kosher meat packer (Bankr. E.D.N.Y.), 1332; firm and management indicted on immigration and bank fraud charges (N.D. Iowa), 1411
– – Buffets Holdings Inc., steak restaurant parent company (Bankr. D. Del.), 115
– – H&H Meat Products Co. (Bankr. S.D. Tex.), 56
– – Hurricane Memphis LLC, doing business as Pat O'Brien's-Memphis (Bankr. W.D. Tenn.), 624
– – Longbranch Saloon Enterprises Inc., restaurant and musical club (Bankr. E.D.N.C.), 234
– – Metromedia Steakhouses Co. (Bankr. D. Del.), 1280
– – Mrs. Fields Famous Brands LLC and affiliates, snack food industry franchisor (Bankr. D. Del.), 1017; plan confirmed, 1217; emergence announced, 1280
– – Pierre Foods Inc. and subsidiaries (Bankr. D. Del.), 879; debtor-in-possession financing secured, 989; reorganization plan and disclosure statement filed, 1185; emergence announced, new CEO and board named (Bankr. D. Del.), 1476
– – Pilgrim's Pride Corp. and subsidiaries, chicken processing plant and prepared-foods facilities operator (Bankr. N.D. Tex.), 1414
– – Portola Packaging Inc. and affiliates, manufacturer of tamper-evident closures, containers, and related products for dairy, juice, and water industries (Bankr. D. Del.), 1047; second amended plan approved, 1250; emergence announced, 1413
– – Shells Seafood Restaurants Inc. (Bankr. M.D. Fla.), 1048
– – Steakhouse Partners Inc., restaurant owner and operator (Bankr. S.D. Cal.), 624

– Interstate Bakeries Corp., Teamsters announces investment deal, 1044; vote set, 1276; deal approved, 1356; reorganization plan approved, BCTW approves modified agreement, 1472
– Le Nature's Inc. offering, CalPERS and other investors sue Wachovia re role (Cal. Super. Ct.), 559
– Parmalat collapse, most claims against Citigroup dismissed, abetting claim may proceed (N.J. Sup. Ct.), 497; related shareholder suit settled, 593; firm fined re delay in divesting asset, Case in Brief, 752; Credit Suisse and UBS settle with Parmalat, shareholder class action continues, 810; fraud actions may proceed against reorganized firm (2d Cir.), 906; investor suits against Bank of America and Citigroup dismissed (S.D.N.Y.), 987; modified class certified, 1045; Citigroup awarded damages in abetting suit, 1277
– Wornick Co., shelf stable food manufacturer emerges from Ch. 11 protection (Bankr. S.D. Ohio), 843

FORECLOSURES

– Aiding high-volume foreclosure counseling firm's unauthorized practice, lawyers suspended and reprimanded (Ohio), 520
– Assistance program will proceed on time, regulators promise, 948; bill will benefit thousands of distressed borrowers in Md., lawmakers say, 951
– Community damage, OCC urges banks and communities to team up to combat, 1259
– Credit card lending and BAPCPA, economist to study impact on crisis, 904
– Fannie Mae and Freddie Mac

– – Suspension of activities until after holidays, plans announced, 1391
– – Tenants may stay in foreclosed properties, 1485

– Federal purchase of loans, Dodd (D-Conn) to introduce bill to permit, 305
– Federal Reserve Board action

– – Atlanta Fed issues free prevention DVD to educate homeowners and counselors, 666
– – Crisis causing ripples in other markets, San Francisco Fed chief warns, 851
– – N.Y. Fed launches pro bono pilot to keep homeowners in homes, 665
– – Web-based resource center, Kansas City Fed launches, News Brief, 856

– FHA community stabilization bill

See LEGISLATION, FEDERAL, HR 5830

– Homeowner assistance programs, state attorneys general urge lenders to adopt, 1227
– House fire, insurance firm not obligated to pay losses since bank failed to alert re foreclosure (Tenn. Ct. App.), 55
– Housing stimulus bill

See LEGISLATION, FEDERAL, HR 5579, S 2636

– HUD unveils funding and schedules for aid to high-risk communities, 1164
– Jurisdiction and procedure

– – Assistance activities, TRO issued against company offering (N.C. Super. Ct.), 183
– – Baltimore files suit against Wells Fargo re lending practices, firm seeks dismissal (D. Md.), 477
– – Deception in offers to save homes, foreclosure rescue firm settles charges (Wash. Super. Ct.), 539
– – Foreclosed home buyer must notify seller of right to cancel sale under Cal. law (N.D. Cal.), 205
– – Loans contributing to subprime market crisis, Cal. lender enjoined from foreclosure (Mass. App. Ct.), 604
– – Notice requirements, due process challenge rejected (Md.), 210
– – Payments incurred before bankruptcy filing, foreclosure proper (10th Cir.), 596
– – Predatory loan, foreclosure blocked (N.Y. Sup. Ct.), 183
– – Pro se debtor motion for relief from dismissal and foreclosure sale improperly denied (8th Cir.), 266
– – Pro se debtor motion for relief from dismissal and foreclosure sale properly denied (U.S., rev sought), 281

– Market crisis

– – Fallout, San Francisco Fed chief urges continued innovations in dealing with, 400
– – House likely to pass package to address, Frank (D-Mass) says, 569
– – Witnesses testify before Senate panel, 555

– Overview of pending bills, chart, 410
– Prevention bill, Frank (D-Mass) and White House advisers disagree re key provision, 472
– Relief funding, Fla. receives from federal government, 1488
– Reports, recommendations, and studies

– – Aid to homeowners, progress made but more pain coming, Treasury official says, 787
– – American Bankruptcy Institute (ABI)

– – – Spring Meeting, Conference Report, 442
– – – Views From the Bench, Conference Report, 1097

– – Delinquent borrowers, most not in contact with servicers, working group reports, 181
– – Emergency working group, Clinton (D-NY) urges creation to address increase, 367
– – Fannie Mae and Freddie Mac loan limits, Schwarzenegger urges Congress to increase, 125
– – Federally-mandated freeze could spark court challenges, CRS report says, 239
– – First quarter 2008 rates at 29-year high, MBA survey shows, 726
– – High rates and tight credit markets prolong crisis, Harvard study finds, 787
– – Home price drop dominant factor in rise, study shows, 19
– – Lenders and servicers gain nothing in process, MBA policy paper argues, 730
– – Loss corporations, qualifying for Tax Code bankruptcy exception, Analysis and Perspective, 699
– – Principal, reducing amount owed may help stem foreclosures, Bernanke tells conferees, 306
– – Proper communication under FDCPA, FTC advises foreclosure group, 368
– – Record level reached in 2007, delinquencies highest in 22 years, MBA reports, 308

– Rescue scams

– – False claims, FTC files complaints against scammers (M.D. Fla., E.D. Tex.), 277
– – Fla. governor signs bill to protect borrowers, 696
– – Foreclosure Solutions LLC and operator charged by FTC (E.D. Ohio), 576
– – 19 persons charged with fraud (E.D. Cal.), 403

– RESPA amendments

See LEGISLATION, FEDERAL, HR 5679

– State developments

– – Anti-foreclosure compact, Ohio subprime lenders join, 476
– – Boston Fed and Patriots' owners plan homeowner/lender workshop, 886
– – Cal. pact with lenders not slowing foreclosure rate despite efforts to modify troubled loans, report shows, 668; governor supports measure to help homeowners avoid foreclosure, 826; drop in foreclosures noted, special legislative session planned, 1316
– – Colo. approves emergency rule to forestall, 24
– – Dismissal of cases, Ohio attorney general faces ethics challenge (Ohio Ct. Comm. Pls.), 211
– – Ill. legislature ends session with mixed success re crisis, 732
– – Loans and grants to states with large numbers of foreclosures

See LEGISLATION, FEDERAL, HR 5818

– – Mass. stops H&R Block from foreclosing on unfair mortgages (Mass. Super. Ct.), 1395
– – Mich. Senate passes bills to allow renegotiation of troubled homeowner loans, 310
– – Minn. and Pa. governors boost prevention measures, urge federal aid by end of year, 695
– – Minn. governor vetoes bill to defer sale of homes for up to one year, 695
– – Mortgage firms pledge help, Mich. governor says, 73
– – Mortgage rescue firms, Ill. attorney general files fraud suits re fees, 22
– – States weighing deluge of bills, Special Report, 282; more states weigh bills, Special Report, 342; prevention initiatives falling short of need, state attorneys general say, 505; attorneys general, efforts to counter, ACORN releases report grading, 727
– – Tenn. attorney general files suit against foreclosure assistance firm for failure to deliver services (Tenn. Ch. Ct.), 1395
– – Tex. attorney general proposes 45-day notice and other changes, 1290
– – Transparency, Colo. Senate passes bill requiring, 635
– – U.S. mayors ask Congress to mitigate impact, 124
– – Wash. governor signs homeowner counseling services bill, 209; consumer protection bill signed, 440; new laws add protections, 766

– TARP funds, Paulson resists using to prevent, 1367

FORFEITURE

– Seized funds, dispute between trustee and government, burden of proof (U.S., rev sought), 346; (rev den), 486

FRANCE

– Lehman Bros. energy trading subsidiary, FERC approves sale to French utility, 1305

FRAUD

– Agriprocessors Inc. and management indicted on immigration and bank fraud charges (N.D. Iowa), 1411
– Argent Mortgage officials charged in mortgage fraud scheme (Fla. Cir. Ct.), 440; production manager sentenced, 1264
– Band backer pleads guilty to conspiracy, money laundering, and making false statements (M.D. Fla.), 461; sentencing, 717
– Circumstances of Ch. 11 filing and indicia of fraud call for debtor plan to be vacated (S.D. Tex.), 1043
– Conspiracy to hide assets, wife of imprisoned road builder sentenced after guilty plea (M.D. Fla.), 778
– Dana Corp., securities class action against firm officers reinstated (6th Cir.), 1412
– Debtor wife unjustly enriched by transfers for personal use (D.N.H.), 1443
– Dischargeability of debt, collateral estoppel (U.S., rev sought), 43; (rev den), 374
– Enron Corp.

See ENRON

– Failure to disclose line of credit and history of financial crimes justified sentence enhancement (10th Cir.), 42
– Hedge funds, offshore operator investment scam, damage award against Bear Stearns overturned (S.D.N.Y.), 5
– Home improvement and mortgage fraud complaints growing, Consumer Federation of Am. reports, 953
– Identity theft

See IDENTITY THEFT

– Medicare fraud

– – Ky. nursing services firm pleads guilty, agrees to penalty (W.D. Ky.), 462
– – N.J. hospital settles charges (D.N.J.), 147

– Misrepresentation claims arising in debtor case properly heard in bankruptcy court (S.D.N.Y.), 12
– Money laundering, Natl. Century Fin. Enters. execs convicted (S.D. Ohio), 325; sentencing, 965; CEO convicted, 1306
– Owner and operator of 56 Taco Bell franchises sentenced (S.D. Cal.), 230
– Publicly-traded firms filing Ch. 11 more likely to face SEC enforcement action, study says, 1408
– Refco scheme, aiding and abetting, law firm partner charged (S.D.N.Y.), 21; CEO pleads guilty to related charges, 198; CEO sentenced, 809; owner sentenced, 988; outside counsel charged in superseding indictment, 1473
– Telemarketing sweep, FTC announces international effort, civil and criminal cases filed, 667
– Transfer of assets to newly created store did not show intent to defraud creditor (E.D. Wis.), 301
– Unregistered securities offering, investment adviser, parent firm, and execs charged (M.D. Tenn.), 1413

FREDDIE MAC

See GOVERNMENT-SPONSORED ENTERPRISES (GSEs)

FTC

See FEDERAL TRADE COMMISSION (FTC)

FURNITURE

– Levitz Furniture bankruptcy converted from Ch. 11 to Ch. 7 (Bankr. S.D.N.Y.), 1307
– Scan Furniture Co. files for Ch. 11 protection (Bankr. D. Md.), 56