Bankruptcy Law Reporter Index-Summary

MADOFF FRAUD

– Aiding and abetting scheme, brokerage and officials charged (S.D.N.Y.), 927
– Audit reports, more to be expected, SEC Inspector General tells Senate panel, 1309
– Beacon Assoc. managing member seeks asset valuation (S.D.N.Y.), 1265
– Brokerage customer attempt to jump ahead of other claimants rejected (Bankr. S.D.N.Y.), 1336
– CFO pleads guilty to role in scheme and agrees to SEC civil bar (S.D.N.Y.), 1181
– Charities withdrawing false profits, trustee to seek recovery from, 1292
– Criminal charges filed, guilty plea expected (S.D.N.Y.), 345; guilty plea entered, 379; sentencing delayed, 679; sentencing, 926
– Customers file involuntary Ch. 7 petition against Madoff personally (Bankr. S.D.N.Y.), 496
– East River Management plan, PBGC takes control, 86
– Fairfield Greenwich Advisors settles charges re misrepresentations about knowledge of Madoff operations (Mass. Sec. Div.), 1311
– Feeder funds

– – SIPC relief, court may consider request to include investors (S.D.N.Y.), 42
– – Withdrawal of nonexistent principal, manager faces suit by trustee (Bankr. S.D.N.Y.), 638

– Fiduciary breach cases could take years and leave big mark on law, attorneys say, Special Report, 621
– Fraud insurance, investors seek to compel AIG to honor claims (S.D.N.Y.), 1211
– Fraudulent transfers and conveyances, Ruth Madoff faces suit by trustee (Bankr. S.D.N.Y.), 1102
– Investment adviser who funneled money to Madoff faces state charges (Cal. Super. Ct.), 1390
– Madoff agrees to injunction, SEC gains approval of partial judgment (S.D.N.Y.), 235; permanent bar from industry imposed, 908
– Phantom returns, trustee seeks to recover from investors without net loss, 559; investors object to trustee calculation of claims (Bankr. S.D.N.Y.), 838
– Preferential payments, trustee settles with investment funds (S.D.N.Y.), 721
– Probe has recovered over $1B for victims, trustee says (S.D.N.Y.), 971
– Restitution for victims, DOJ asks court to allow use of forfeited property (S.D.N.Y.), 1390
– SEC sued by investors over failure to detect fraud (S.D.N.Y.), 1501
– SIPC chief promises relief from losses to customers with legal claim, 402; record amount committed so far, trustee says, 927
– Small business sues to recover money wired days before Madoff arrest (S.D.N.Y.), 42; stipulation to set funds aside approved, 121
– Tax consequences of investments, questions raised at meeting with trustee, 270; practitioners encourage investors to claim full amount of 2008 losses with IRS, 309; theft loss safe harbor, most victims using, IRS official says, 680; safe harbor process expected to go smoothly, 1264
– Tax information returns, liquidation trustee will not release, 186
– Tax refund request and theft loss deduction may be ways to recoup losses, lawyer says, 380
– Trustee finds no trades on customers' behalf and no separation between brokerage and advisory business, 253
– Unregistered investment adviser faces suit by trustee re high false profits (Bankr. S.D.N.Y.), 601; hedge fund and investor/lawyer face separate suits, 679

MAGAZINES

See NEWSPAPERS AND MAGAZINES

MANUFACTURERS

– All American Semiconductor third amended liquidation plan approved (Bankr. S.D. Fla.), 498
– Chapter 11 filings

– – AbitibiBowater Inc. and U.S. and Canadian affiliates, pulp and paper manufacturer (Bankr. D. Del.), 526; DIP financing approved, 842
– – Accuride Corp. and affiliates, commercial vehicle components manufacturer and supplier (Bankr. D. Del.), 1462
– – Barzel Indus. Inc. and affiliates, steel and other metal processor, distributor, and manufacturer, Canadian subsidiary also files to reorganize (Bankr. D. Del.), 1343
– – Caraustar Indus. Inc. and affiliates, recycled and converted paperboard products manufacturer (Bankr. N.D. Ga.), 802; first amended joint reorganization plan approved, 1145; emergence announced, 1251
– – 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
– – Chesapeake Corp. and subsidiaries, international specialty paperboard and plastic packaging supplier (Bankr. E.D. Va.), 59
– – Concord Steel Inc., steel counterweight and structural weldment manufacturer (Bankr. N.D. Ohio), 1344; parent firm Stamford Industrial Group Inc., steel OEM products manufacturer files, 1421
– – Constar Intl. Inc. and subsidiaries, plastic food and beverage container producer (Bankr. D. Del.), 36
– – Contech U.S. LLC and affiliates, auto parts maker (Bankr. E.D. Mich.), 190; PBGC takes control of plan, 768
– – Fleetwood Enterprises Inc., recreational vehicle and manufactured housing maker (Bankr. C.D. Cal.), 370
– – Foamex Intl. Inc. and subsidiaries, polyurethane foam-based solutions and specialty comfort products producer (Bankr. D. Del.), 259; asset sale agreement reached with MatlinPatterson Global affiliate, 438; stock fund liquidation, class certified in suit by former employee (E.D. Pa.), 1417
– – Global Safety Textiles Holding LLC and affiliates, automotive airbag fabric and cushion producer (Bankr. D. Del.), 935; reorganization plan filed and DIP financing secured, 1183
– – 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
– – Hayes Lemmerz Intl. and affiliates, automotive component manufacturer (Bankr. D. Del.), 683; final approval of post-petition secured financing and bar date granted, 931
– – Masonite Corp. and affiliates, residential and commercial door manufacturer (Bankr. D. Del.), 368
– – Metaldyne Corp. and affiliates, auto parts maker (Bankr. S.D.N.Y.), 769; PBGC takes control of plan, 1104; asset sale to MD Investors Corp. approved, 1212
– – NexPak Corp. and affiliates, multimedia packaging manufacturer, marketer, and distributor (Bankr. D. Del.), 527
– – NTK Holdings Inc. and affiliates, heating, air conditioning, and home technology manufacturer (Bankr. D. Del.), 1524
– – PTC Alliance Corp. and affiliates, welded and cold drawn mechanical steel tubing manufacturer and marketer (Bankr. D. Del.), 1463
– – RathGibson Inc. and affiliates, stainless steel, nickel, and titanium tubing manufacturer (Bankr. D. Del.), 1022
– – Recycled Paper Greetings Inc., greeting card producer (Bankr. D. Del.), 60
– – Smurfit-Stone Container Corp. and subsidiaries, integrated containerboard and corrugated packaging producer (Bankr. D. Del.), 123; debtor-in-possession financing approved, 255
– – Special Devices Inc., automotive occupant protection systems product manufacturer (Bankr. D. Del.), 10
– – Spectrum Brands and subsidiaries, consumer products developer and supplier (Bankr. W.D. Tex.), 188; emergence announced, 1294
– – Thiele Manufacturing LLC dump truck bed and body builder (Bankr. W.D. Pa.), 10
– – Visteon Corp. and affiliates, global automotive components supplier (Bankr. D. Del.), 770

– Foamex LP pension plan, PBGC takes control, 723
– Government funds needed to protect those hit by recession, industry group says, 1226
– Hurd Windows & Doors pension plan, PBGC takes control, 1146
– Independencia SA, Brazilian beef and leather producer files for Ch. 15 protection (Bankr. S.D.N.Y.), 331
– Interlake Material Handling Inc. pension plans, PBGC takes control, 931
– Ladder injury suit, Ch. 11 proceeding keeps hardware store in limbo under state law (N.D. Ill.), 600
– Paper Intl. joint reorganization plan confirmed (Bankr. S.D.N.Y.), 893
– Powermate Corp. pension plan, PBGC takes control, 1522
– Propex Inc. exit financing pact with Wayzata Investment Partners approved (Bankr. E.D. Tenn.), 58; PBGC takes control of pension plans, News Brief, 467; first amended joint liquidation plan confirmed, 1252
– Republic Windows workers' union files NLRB charge re failure to bargain, 87; window factory to reopen, laid-off United Electrical, Radio, and Machine Workers employees to be rehired, 326; unfair labor practices complaint to be issued (N.L.R.B.), 437
– Sencorp pension plan, PBGC takes control, seeks trustee status (S.D. Ohio), 931
– Stant Manufacturing Inc. and Standard-Thompson Corp. pension plans, PBGC takes control, 1343
– Superfund, electronics manufacturer liable for cleanup costs at N.M. site (6th Cir.), 598
– Union hotline to be set up to aid small business owners and workers facing closure and job loss, 698
– Walworth Co. pensions, PBGC seeks termination of two plans (S.D. Tex.), 402
– Wellman Inc. and subsidiaries, polyester products manufacturer and marketer emerges from Ch. 11 protection (Bankr. S.D.N.Y.), 187
– Wolverine Proctor & Schwartz trustee settlement with PBGC approved (Bankr. D. Mass.), 636

MEDIA

– Chapter 11 filings

– – American Community Newspapers LLC and subsidiaries (Bankr. D. Del.), 604; holding company files, 801
– – CommerceConnect Media Holdings Inc. and affiliates, business-to-business media firm (Bankr. D. Del.), 1147
– – Freedom Communications Holdings Inc. and affiliates, print publication, broadcast television station, and interactive business owner (Bankr. D. Del.), 1296; creditors' committee seeks production of confidential documents, 1412
– – Journal Register Co. and subsidiaries, print and online publisher (Bankr. S.D.N.Y.), 256; joint amended plan confirmed, 973; emergence announced, 1182
– – Mega Media Group Inc. and subsidiary, independent multimedia entertainment holding firm (Bankr. E.D.N.Y.), 1185
– – Philadelphia Newspapers LLC, print and online publisher (Bankr. E.D. Pa.), 255; automatic stay, extension to nondebtors proper in suit related to bankruptcy (E.D. Pa.), 1056
– – Questex Media Group Holdings Inc. and affiliates, business-to-business media firm, asset purchase agreement reached with stalking horse bidder (Bankr. D. Del.), 1488
– – Reader's Digest Ass'n Inc., global multi-brand media and marketing firm (Bankr. S.D.N.Y.), 1213
– – R.H. Donnelly Corp. and affiliates, consumer and business-to-business local commercial search firm, agreement reached with creditors (Bankr. D. Del.), 770
– – Sun-Times Media Group Inc. and affiliates, newspaper and online site operator (Bankr. D. Del.), 465; Chicago Newspaper Guild members reject concessions to meet demands of prospective buyer, 1337; sale approved after concessionary labor contract ratified, 1458
– – The Parent Co. and subsidiaries, eCommerce and eContent provider for families (Bankr. D. Del.), 37
– – Triple Crown Media Inc. and affiliates, community newspaper publisher (Bankr. D. Del.), 1382
– – Young Broadcasting Inc. and affiliates, television station owner (Bankr. S.D.N.Y.), 260

MEETINGS

See CONFERENCES AND MEETINGS

MERGERS AND ACQUISITIONS

– Aluminum sheathing merger, antitrust, DOJ requires divestitures in deal involving bankrupt firm (D.D.C.), 1103
– Assets sales

See ASSET SALES

– Financial crisis, effects on activity, Analysis and Perspective, 1039

METALS

– Chapter 11 filings

– – Aleris Intl. Inc., aluminum manufacturing and recycling firm, DIP financing approved (Bankr. D. Del.), 222; Clean Air Act violations, settlement reached (N.D. Ohio), 1144
– – Checker Motors Corp., metal stampings and welded assembly provider (Bankr. W.D. Mich.), 125

MINING

– Asarco LLC

– – Copper smelter air quality permit, state senator granted access to documents re El Paso plant (Tex. Dist. Ct.), 523
– – Fraudulent transfer of holdings by former owner, compensatory damages awarded (S.D. Tex.), 462
– – Land swap with BLM allowing firm to skirt environmental law rejected (9th Cir.), 1340
– – Lead and arsenic cleanup, EPA to propose abandoned Iron Mountain Mine site in Mont., 87
– – Lessons learned from case, attorneys discuss, 1485
– – Reorganization, judge recommends approval of parent firm plan (Bankr. S.D. Tex.), 1285
– – Superfund, settlements reached re 54 remaining waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– Chapter 11 filings

– – Apex Silver Mines Ltd. and wholly-owned subsidiary (Bankr. S.D.N.Y.), 91; plan confirmed, 328
– – Clearwater Natural Resources LP and affiliates, coal mining firm (Bankr. E.D. Ky.), 92
– – Strategic Resource Acquisition Corp. and subsidiary, mining firm (Bankr. M.D. Tenn.), 159

– Hardrock mining added to Superfund financial assurance list (N.D. Cal.), 1017
– Vermont Asbestos Group Mine, owner to pay EPA for chrysotile cleanup (Bankr. D.N.J.), 968; fourth amended reorganization plan filed with injunction addressing claims, 1105
– W.R. Grace and Co., Libby, Mont. asbestos exposure, criminal case set for trial (D. Mont.), 155; jury finds not guilty, separate trial remains, 681; case against final defendant dismissed, 891

MORTGAGES

– Apartment complex refinancing, Ch. 11 filing is springing recourse event, guarantors must repay loan (S.D. Ohio), 325
– Bogus modification scheme, FTC granted injunction (D.N.J.), 451
– Charging Hispanic customers higher prices, FTC charges lending firm and owner (C.D. Cal.), 657
– Community Reinvestment Act

– – Bad loans, CRA lenders made fewer than traditional lenders, study shows, 233
– – Expansion of coverage

See LEGISLATION, FEDERAL, HR 1479

– – FDIC Economic Inclusion Advisory Panel prepares to address, 1116

– Congressional Outlook 2009, Special Report, 135; 139
– Credit availability, bill to increase

See LEGISLATION, FEDERAL, S 896

– Disclosures, Regulation Z changes approved, 1077
– Discrimination, N.Y. attorney general reaches settlements, files new case, 44
– Divorce-related mortgage and tax debts, dischargeability must be reconsidered (Ind. Ct. App.), 265
– Documents lacking signature of one spouse valid under Minn. law (8th Cir.), 1076
– Downturn to last one to 2 more years, Bair tells Realtors, 695
– Enforcement, loan originators and servicers told to expect federal and state scrutiny, 1497
– Ethics rules violations, Dodd (D-Conn) and Conrad (D-NC) cleared, 1162
– Fair Credit Reporting Act

– – Prescreened credit offers, lender settles charges (C.D. Cal.), 1226
– – Purchase of prescreened reports by brokers, state claims preempted (2d Cir.), 1503

– Fannie Mae and Freddie Mac launch modification program for troubled borrowers, 19
– Federal Housing Administration (FHA)

– – Congressional Outlook 2009, Special Report, 135
– – Fraud, agency more vulnerable due to surge in loan volume and new lenders, HUD IG says, 904
– – HOPE for Homeowners program, new law adds disclosure requirements for buyers and assignees, 731
– – Loans not always safe solution for buyers, report shows, 535

– Foreclosure

See FORECLOSURES

– Fraud

– – Bogus home loans, Fla. announces 6 cases against 41 defendants (S.D. Fla.), 1120
– – FDIC chief calls for federal and state crackdown, 303; housing downturn contributes to 36 percent spike, FBI says, 987
– – Federal agencies form task force to investigate cases in Conn., 1117
– – Insurance, CUNA Mutual offers first coverage to retail credit unions, 1197
– – Legal tools and funding to combat

See LEGISLATION, FEDERAL, HR 1748, S 386

– – Lending scheme, promoters and firm charged (D. Ariz.), 1164
– – “Operation Bad Deeds,” N.Y. and federal authorities announce 8 cases against 41 defendants, 1501
– – Residential property scheme, firm and individuals indicted (N.Y. Sup. Ct.), 988

– Home Affordable Mortgage Program (HAMP) housing group files suit re due process violations (D.C. Minn.), 1163
– Home Affordable Refinance Program (HARP), 60,000 refinancings completed, report says, 1190
– HomeBanc Mortgage Corp. converts from Ch. 11 to Ch. 7 (Bankr. D. Del.), 291
– Judicial modification

– – Existing loans, Frank (D-Mass) to renew effort to allow, 1300
– – Power needed to address foreclosure crisis, conferees say, 15; state attorneys general urge amendments to allow, 39; further developments, see LEGISLATION, FEDERAL, HR 200, HR 225, HR 1106, S 61

– Loan servicers, Obama housing plan will test capacity, MBA tells Treasury Dep't, 304
– Low interest rates show success of refinancing plan, Obama says, 507
– Market crisis

– – HUD must become major player in fix, Senate panel says, 99
– – Troubled loans originated between 2004 and 2007, GAO finds, 1117

– Modification of residential loans

– – Advance fees, FTC considering ban, 1353
– – Best practices, conferees discuss, 567
– – Bills to allow

See LEGISLATION, FEDERAL, HR 200, HR 225, HR 1106, S 61

– – Increase noted but foreclosures and delinquencies also rise, report shows, 1430
– – Making Home Affordable and HOPE for Homeowners programs

– – – Awareness campaign kicks off in Miami, 942
– – – Deficiencies in programs, GAO report identifies, 1076
– – – Lenders and servicers urged to increase participation, 983; programs urged to pick up pace of modifications, 1075

– – Progress apparent despite program shortcomings, Treasury Dep't reports, 1112
– – Redefault rate, Fitch study projects, 778
– – Scams, FinCEN made referrals to law enforcement agencies, Geithner says, 691
– – Second liens, Treasury Dep't to issue guidance, 508; guidance issued, 618; modification program to be expanded, 690
– – Servicers sign contracts with Treasury Dep't, funds allocated, 536

– Notice to rescind, technical flaw did not support longer rescission period (1st Cir.), 944
– Option ARM, bid for class treatment denied (N.D. Cal.), 166
– Overview of pending bills, chart, 540
– Payments may be deducted despite plans to surrender home to bank (1st Cir.), 1150
– Predatory lending

– – Bill to curb

See LEGISLATION, FEDERAL, HR 1728

– – Moratorium and consumer protection agency will lessen, witnesses tell Congressional panel, 942

– Proof of claim and plan objection filed in error, sanctions against Countrywide Home Loans Inc., stay pending appeal granted (N.D. Ohio), 1493
– Refinancing, Obama program expanded to include more underwater mortgages, 940
– Reverse mortgages

– – Consumer advocates seek more rules to prevent crisis, 1469
– – Lending practices, federal regulators developing interagency guidelines, 861; GAO releases report, 941

– 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 consumer protection 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
– Subprime loans

See SUBPRIME LENDING

– Taylor, Bean & Whitaker Mortgage Corp. files for Ch. 11 protection (Bankr. M.D. Fla.), 1254
– Unfair and deceptive practices claims against Countrywide Fin. Corp., D.C. joins settlement (D.C. Super. Ct.), 1312

MOTOR VEHICLES

– Generally

– – Auto and metal salvage firm illegal dumping, EPA releases proposed consent decree re Superfund site cleanup (Bankr. N.D. Ill.), 840
– – Debtors lacking loan or lease expenses properly allowed vehicle deduction (7th Cir.), 12
– – Defective GM and Chrysler post-bankruptcy cars put public safety at risk, report says, 886
– – Frequently litigated issues, judges discuss at conference, 1435
– – General Motors securities, Labor Dep't releases proposed exemption to allow retiree health plan to acquire, 1341
– – Hanging paragraph does not permit debtors to surrender car in full satisfaction of debt (5th Cir.), 899
– – Key Plastics LLC and Key Plastics Finance Corp., supplier of engineered plastic components to light vehicle manufacturers announces emergence from Ch. 11 (Bankr. D. Del.), 221
– – Port worker run over by defective Dodge Dakota, settlement reached with “old” Chrysler (Bankr. S.D.N.Y.), 1415
– – Presidential Task Force on Auto Industry, officials named, 267
– – Proliance Intl. Inc. plan, PBGC takes control, 1184
– – Repossessed vehicles, creditor must hand over when owners file for Ch. 13 protection (7th Cir.), 805
– – Ride-through option not available under BAPCPA (9th Cir.), 1383
– – Saab Automobile AB files for reorganization through Swedish court process after General Motors ends support, 257
– – Sales signal improvement in economy, recovery will be slow, analysts say, 1193
– – Termination of franchise, insolvent franchisee not entitled to automatic stay re late-filed suit (E.D.N.Y.), 1413
– – Trailer not motor vehicle under Ohio law, debtor may not claim exemption (N.D. Ohio), 128
– – Transportation ownership deduction, debtor without loan or lease payment on cars may claim (5th Cir.), 937

– Above-median debtors

– – Ownership costs may not be deducted from PDI for vehicle owned unencumbered by Ch. 13 debtor (9th Cir.), 1257
– – Secured creditors, payments to may be deducted from PDI (Bankr. E.D. Wis.), 610

– Automotive sector distress

– – Bailout, conferees disagree re necessity, 287; labor experts see beginnings of U.S. industrial policy, 808; taxpayers likely to lose money from bailouts, Congressional Oversight Panel says, 1307
– – Chrysler and Fiat reach tentative contract with UAW, 575; Chrysler and affiliates file for Ch. 11 protection, announce deal with Fiat (Bankr. S.D.N.Y.), 587; lender objections overruled, 588; first-day motions approved, hearings set, 589; U.S. government involved in filing and deal with Fiat, 590; UAW members ratify concessions, 592; minority of lenders forced filing, experts say, 594; company has not used TARP funds, Treasury Dep't reports, 594; motion to reject 789 dealership agreements filed, 673; some plant workers offered buyouts, 674; lenders oppose deal at hearing, 715; product liability claimants and advocates object to treatment of claims under proposed sale, 716; pension funds challenge sale, 719; dispute holds up passage of House bill, 723; pension fund motion to stay pending appeal granted (2d Cir.), 749; sales agreement amended to allow Chrysler to assume lemon law claims, 750; deal finalized (U.S., inj vac), 791; Chrysler pension plans will continue after sale, PBGC says, 791; absolute priority rule, lawyers fear impact of Supreme Court decision, 837; most assembly plants and supply facilities to reopen, 886; Italian government will not probe deal, 887; sale approval (U.S., rev sought), 912; board of directors named, 922; used cars, consumer groups seek FTC rule requiring warning re liability protection, 1012; EU antitrust regulator approves deal, 1052; pension fund attempt to block sale rejected (2d Cir.), 1135; new Chrysler accepts liability claims re old Chrysler post-sale accidents, 1246; successor liability, elimination in product liability claims (U.S., dism), 1278; settlement finalized, 1337; pension fund appeals (U.S., rev sought), 1366; Labor Dep't proposes prohibited transaction exemption allowing New Chrysler Corp. to transfer promissory note and securities to voluntary employees benefit group, 1416
– – Chrysler and GM shares, distribution to U.S. taxpayers

See LEGISLATION, FEDERAL, HR 3183

– – Chrysler Financial receives TARP funding to spur car loans, 97; loans repaid, 1013
– – Dealerships

– – – Closings, GM and Chrysler execs defend before House panel, 835
– – – Fanchise rights, restoration

See LEGISLATION, FEDERAL, HR 2743, HR 3170

– – Divestiture of GM stock, employees sue State Street Bank re breach of fiduciary duty (E.D. Mich.), 859
– – Fewer suppliers, global focus, and more regulation in future, conferees told, 1308
– – General Motors

– – – Hummer licenses and brand, sales agreement reached with Tengzhong Co., 1457
– – – Stock, test for worthlessness, Analysis and Perspective, 952

– – GM and Chrysler bankruptcies, government task force official defends role, explains focus shift, 1005; House panel probes impact on dealers, minorities, and injured, 1006; decision process, House committee seeks documentation from White House, 1010; government taking hands-off management approach, task force head says, 1051
– – GM bankruptcy should be last resort, Mich. governor says, 506; bond exchange begins, job, plant, and dealer cuts announced, 573; bankruptcy seen as likely event, stakeholders oppose latest restructuring plan, 614; $6B first-quarter loss reported, 653; Canadian auto workers will not consent to retiree concessions, 654; dealer network, pruning begins, 691; auto dealers seek to stop effort to drive GM into bankruptcy, 692; exchange offers to bondholders fail, 732; Canadian Auto Workers members ratify amended agreement, 733; UAW officials recommend ratification of tentative contract modifications, 733; GM files for Ch. 11 protection (Bankr. S.D.N.Y.), 752; government provides funding, is reluctant shareholder, Obama says, 754; first day motions approved, 755; dealer performance to be monitored, CFO says, 757; experts agree re emergence, disagree re government role, 758; pension plans, stakeholders intend to continue support, PBGC says, 759; dealers, relief hopes dim, 793; IPO expected in 2010, Treasury official tells Senate panel, 794; GMRA asks court to appoint panel to negotiate retiree benefits, 796; Senate Republicans propose distributing shares to public, 799; Saturn to be sold to Penske Automotive Group, 799; Tex. attorney general files objection to reorganization plan, 836; Saab to be sold to Koenigsegg, Swedish government guarantees funds, 837; state attorneys general object to asset sale, 885; court approves asset sale, product victims' direct appeal rejected, 919; Toyota venture not part of reorganized firm, 922; new firm structure to be in place quickly, CEO says, 963; hourly workforce reduced as 6000 accept buyouts, 1102; Penske drops plan to buy Saturn, 1414
– – GM receives final bids for Opel, 1011; GM and German cabinet fail to agree on Adam Opel investor, 1052; German Chancellor prefers Magna as investor for Opel, 1180; GM board votes to sell to Magna, 1294
– – GMAC preferred stock purchased using TARP funds, 41; GMAC to receive more funds, Geithner says, 653; GMAC receives more funds, 734
– – Hertz Global Holdings, research firm performing bankruptcy probability study seeks SEC probe into alleged retaliatory lawsuit, 1486
– – Industry bankruptcy, House panel probes effects and seeks solutions, 716
– – Interrelated parts during crisis and revitalization, conferees discuss, 887
– – Loans in return for restructuring, Bush approves plan to provide, 18; GM and Chrysler seek additional aid, UAW agrees to modify agreements, 231; GM and Chrysler plans may be workable, analysts say, 268; bankruptcy is solution to GM and Chrysler woes, experts say, 286; GM unable to continue without aid, auditors say, 341; GM plan may not avoid bankruptcy, bondholders group says, 400; GM and Chrysler given stiff conditions, little time to qualify for federal aid, 445; GM seeks to avoid bankruptcy, CEO says, 533; GM and Chrysler granted more funds, 533
– – Motors Liquidation Co. stock, SEC and FINRA issue Investor Alert warning of confusion with new General Motors Co., 966; trading in old stock restricted (Bankr. S.D.N.Y.), 966
– – New General Motors Co. denies responsibility for continuation of mercury retrieval program, 1210
– – Parts manufacturers in talks for potential government aid, 197; groups seek bridge loan from Treasury Dep't, 233; GM and Chrysler provide aid to suppliers via Treasury Dep't program, 506
– – Pension plans have unfunded liabilities exceeding $60B, PBGC says, 378
– – Toyota Motor Corp. to close joint venture New United Motors Manufacturing (NUMMI) plant in Cal., 1248

– Chapter 11 filings

– – Accuride Corp. and affiliates, commercial vehicle components manufacturer and supplier (Bankr. D. Del.), 1462
– – Checker Motors Corp., metal stampings and welded assembly provider (Bankr. W.D. Mich.), 125
– – Contech U.S. LLC and affiliates, auto parts maker (Bankr. E.D. Mich.), 190; PBGC takes control of plan, 768
– – Cooper-Standard Holdings Inc. and subsidiaries, global automotive supplier (Bankr. D. Del.), 1147
– – FormTech Indus. LLC, industrial and automotive forged metal components provider, asset purchase agreement reached with HHI Holdings (Bankr. D. Del.), 1255
– – Global Safety Textiles Holding LLC and affiliates, automotive airbag fabric and cushion producer (Bankr. D. Del.), 935; reorganization plan filed and DIP financing secured, 1183
– – Hayes Lemmerz Intl. and affiliates, automotive component manufacturer (Bankr. D. Del.), 683; final approval of post-petition secured financing and bar date granted, 931
– – Holley Performance Products Inc. and affiliates, performance automotive products supplier (Bankr. D. Del.), 1420
– – J.L. French Automotive Castings Inc. and affiliates (Bankr. D. Del.), 1021
– – Lear Corp. and affiliates, global automotive seating supplier (Bankr. S.D.N.Y.), 933; first amended joint reorganization plan filed, disclosure statement approved, 1380
– – Mark IV Indus. Inc. and affiliates, automotive systems and components manufacturer (Bankr. S.D.N.Y.), 605; reorganization plan confirmed, 1379
– – Metaldyne Corp. and affiliates, auto parts maker (Bankr. S.D.N.Y.), 769; PBGC takes control of plan, 1104; asset sale to MD Investors Corp. approved, 1212
– – Noble Intl. Ltd. and affiliates, automobile components producer and supplier (Bankr. E.D. Mich.), 528
– – Proliance Intl. Inc. and affiliates, automotive parts manufacturer (Bankr. D. Del.), 975
– – Special Devices Inc., automotive occupant protection systems product manufacturer (Bankr. D. Del.), 10
– – Thiele Manufacturing LLC dump truck bed and body builder (Bankr. W.D. Pa.), 10
– – Visteon Corp. and affiliates, global automotive components supplier (Bankr. D. Del.), 770

– Delphi Corp.

– – Accommodation pact approved, equity holders committee disbanded (Bankr. S.D.N.Y.), 560; GM purchase of some assets approved, 964; EU approves GM purchase, 1415
– – Directed trustee role protects State St. Bank and Trust from liability re late divestment in Delphi stock (E.D. Mich.), 398
– – Emergence announced (Bankr. S.D.N.Y.), 1457
– – EU approves acquisition by Platinum Equity LLC, 1137
– – Insurance benefits for salaried retirees, approval of plan to cut sought (Bankr. S.D.N.Y.), 183; defined benefit plans to end, PBGC expected to take over, 798; PBGC to take over 6 plans, 1061; IUE-CWA and GM reach agreement re new plan, 1291; suit filed re PBGC action (E.D. Mich.), 1338
– – Retiree health care coverage, bill to apply TARP money to fund

See LEGISLATION, FEDERAL, S 1663

– – Retirees sue company execs to force removal as plan fiduciaries (E.D. Mich.), 1017

– 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