Bankruptcy Law Reporter Index-Summary

SANCTIONS

– Court denial of motion within safe harbor period prevents motion for Rule 11 sanctions (U.S., rev sought), 174; (rev den), 548
– Frivolous debt collection claim, sanctions can only be imposed on client, not lawyer (9th Cir.), 907
– Proof of claim and plan objection filed in error, sanctions against Countrywide Home Loans Inc., stay pending appeal granted (N.D. Ohio), 1493

SCHOOLS

– Business manager for school not responsible party (Bankr. D. Minn.), Case in Brief, 613
– Student loans

See STUDENT LOANS

– University refusal to provide transcript is act to collect violating automatic stay (7th Cir.), 609

SECURITIES

– Auctions approach effectively settled swap contracts after market turmoil, regulators find, 344
– Bank of Am. executive compensation, settlement with SEC rejected pending receipt of more information (S.D.N.Y.), 1157
– Bond debt restructuring, release of nondebtors from claims of other nondebtors (U.S., rev sought), 1168
– Bond investors, Obama homeowner relief program will hurt, attorney warns, 378
– Class actions

– – Certification of single class of plaintiffs asserting 1933 and 1934 Act violations proper (2d Cir.), 1100
– – Filings surge in wake of subprime and credit crises, Stanford Law School report shows, 71
– – Lead plaintiff designations denied in suit against outside auditors re disregard of inaccurate financial statements (E.D.N.Y.), 1526
– – Mirant. Corp. investor suit dismissed (N.D. Ga.), 123
– – Plan assets invested in company stock, Smurfit-Stone employees file suit against fiduciaries (N.D. Ill.), 766

– Clawback claims seeking return of principal from Stanford Fin. Group investors, SEC moves to block receiver action (N.D. Tex.), 1082
– Congressional Outlook 2009, Special Report, 132; 135
– Continuity of interest, corrections to new rules issued, News Brief, 11
– Credit default swaps, investor protection uncertainties exist, report says, 1033
– Credit rating firms, reform plan questionable, witnesses tell Senate panel, 1160
– Customer protection rules, SEC rethinking after Lehman collapse, official tells conferees, 343
– Debt arising out of violation of federal laws nondischargeable (C.D. Cal.), 797
– Debt to equity swaps in restructuring, IFRIC seeks comment re guidance, 1161
– Derivatives

– – Credit-default swaps should be banned, Soros tells conferees, 864
– – Market, Geithner seeks legislation giving authority over to SEC and CFTC, 694
– – Over-the-counter derivatives

– – – Central clearing and reporting key to reducing systemic risk, DTCC says, 1354
– – – CFTC proposal would create new class in futures commission merchant bankruptcy, 1178
– – – Treasury Dep't publishes new regulatory plan, 1192; credit default swaps, industry group launches web site to provide data and statistics, 1193; CFTC chair seeks changes, 1221

– – Trading regulations

See LEGISLATION, FEDERAL, S 272

– Distressed debt market offers opportunities for vulture funds, survey says, 166
– Distressed investments, tax considerations, Analysis and Perspective, 1228
– Employee profit sharing plan participant failed to show entitlement as SIPA customer, claims properly denied (N.D. Ohio), 94
– Enron

See ENRON

– Fraud

See SECURITIES FRAUD

– General Growth Properties Inc. statements re debt load protected by PSLRA safe harbor (N.D. Ill.), 1418
– General Motors shares, Labor Dep't releases proposed exemption to allow retiree health plan to acquire, 1341
– Hedge fund operator and codefendants cannot invoke Fifth Amendment protections to stop receivership action (S.D. Fla.), 509
– Investor claims related to case not core matters subject to federal jurisdiction (E.D. La.), 6
– IRS loan guidance could lead to rulemaking, Treasury official says, 522
– KPMG LLP faces suit by New Century Fin. re negligent audits (S.D.N.Y.), 497
– Manhattan Investment Fund trustee may not recover from Bear Stearns (2d Cir.), Case in Brief, 930
– 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
– Overview of pending bills, chart

– – Derivatives, 541
– – Securitizations, 544

– Parmalat collapse, investor suit to hold Deloitte liable for audits by subsidiary may proceed (S.D.N.Y.), 185; trustee suits against Bank of Am. and Deloitte properly dismissed (2d Cir.), 253; reconsideration denied, 289; trustee attempt to hold Bank of Am. and Grant Thornton liable fails, 1375
– Probability of bankruptcy study, research firm seeks SEC probe into Hertz Global Holdings' alleged retaliatory lawsuit, 1486
– SEC investor protection powers, Obama administration sends proposed legislation to Congress, 985
– Securitizations and derivatives markets, Bair discusses regulation, 695
– Subprime lending

– – Mortgage-backed investments, Merrill Lynch reaches settlement with employees and investors (S.D.N.Y.), 130
– – State St. Bank and Trust faces suit by Catholic group re losses (S.D.N.Y.), 537

– Wells Fargo exec cannot exempt stock options received while working for bank (N.D. Cal.), 470
– Whistleblowers, bankrupt firm's SOX liability upheld, retaliatory discharge award recalculated (DOL ARB), 366

SECURITIES FRAUD

– Accounting fraud

– – Jewelry firm CEO sentenced, forfeiture ordered (E.D.N.Y.), 641
– – National Century Fin. Enters. execs sentenced (S.D. Ohio), 498

– Aiding and abetting violations, allowing private investors to file suit

See LEGISLATION, FEDERAL, S 1551

– Bernard L. Madoff Investment Securities LLC

See MADOFF FRAUD

– Dana Corp., fiduciary duty breach claim naming former officials properly dismissed (6th Cir.), 122; related fraud class action dismissed (N.D. Ohio), 1250; firm and execs settle related charges, 1339
– Dreier LLP, law firm controller sentenced (S.D.N.Y.), 972
– Enron

See ENRON

– FINRA warns re counterfeit check scam using legitimate agency names, 1036
– Fraudulent transfers, receiver lacks standing to avoid and recover absent showing that receivership entities are creditors of debtor (S.D. Fla.), 1433
– I Bank bond issuance, derivative interest holders file class action re misleading prospectus (E.D. Cal.), 1059
– Insider trading, Countrywide CEO faces SEC charges (C.D. Cal.), 812
– Legal tools and funding to combat

See LEGISLATION, FEDERAL, HR 1748, S 386

– Lying to investors, retirement home operator and CEO charged, asset freeze sought (D. Or.), 327
– Mortgage lending scheme, promoters and firm charged (D. Ariz.), 1164
– Noncompliance with registration requirements, disregard of bankruptcy plan (U.S., rev sought), 579; (rev den), 784
– Ponzi schemes

– – Receiver fee request excessive (S.D.N.Y.), 69
– – Sales agent, receiver for entities involved may sue under Utah Fraudulent Transfer Act (D. Utah), 737
– – Stanford Group CFO pleads guilty (S.D. Tex.), 1263
– – Victims may treat loss as investment theft and use safe harbor to file, IRS announces, 418

– Qwest Communications Intl. execs face suit by investment companies that opted out of settlement (D. Colo.), 186
– Racial and ethnic targeting, SEC official urges better education, 619
– Refco, litigation trustee lacks standing to bring suit against alleged aiders and abettors (S.D.N.Y.), 601; Mayer Brown partner convicted, 1020; trustee actions against law and accounting firms rejected, 1293
– Reserve Mgmt. Co. faces charges re redemption requests (Mass. Sec. Div.), 85; state regulator objects to claw back arrangement in funds distribution (S.D.N.Y.), 1391
– Revenue recognition scheme, solar power execs agree to fine (D.D.C.), 366
– Stanford Intl. Bank investors, SEC opposes freeze on principal payments, 1197
– Stock drops, investor class suits, and bankruptcies, firms cited by SEC have higher incidences, Deloitte study shows, 7
– Tronox Inc. environmental liabilities, lead plaintiff named in class action alleging misleading statements (S.D.N.Y.), 1521
– Wall Street fraudulent transfers, judges discuss, 1539
– Williams Cos. properly granted summary judgment (10th Cir.), 290

SENTENCING

– Corporate insider sentence and restitution for fraud affirmed (7th Cir.), 152
– Enron CEO Skilling, conviction for conspiracy and securities fraud upheld, resentencing ordered (5th Cir.), 86; (U.S., rev grant), 1489

SETOFF

– Asbestos exposure claims, denial of full exercise of setoff right proper (U.S., rev sought), 24; (rev den), 548
– Employee claim against former employer/debtor properly denied (D. Del.), 56
– 401(k) loan obligation not debt to be deducted on debtor schedules (N.D. Miss.), 373

SETTLEMENTS

– Clean Water Act violations, Atlantic Wire pleads guilty and reaches civil settlement (Conn. Super. Ct.), 34
– Foreclosure rescue scam, mortgage lender reaches settlement with FTC shutting down operation (M.D. Fla.), 1224
– Leveraged buyout settlement payments not avoidable (U.S., rev sought), 1544
– Loan applicants charged for debit cards, settlement reached with firm and principals (N.D. Cal.), 1225
– Port worker run over by defective Dodge Dakota, settlement reached with “old” Chrysler (Bankr. S.D.N.Y.), 1415
– Refund anticipation loans, H&R Block reaches settlement of deceptive marketing charges (Cal. Super. Ct.), 72
– Trustee compromise of pact not post-confirmation plan modification (N.D.N.Y.), 431
– 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

SHIPS AND SHIPPING

– Samsun Logix Corp., shipping and trading firm files for Ch. 15 protection (Bankr. S.D.N.Y.), 372

SINGAPORE

– Armada (Singapore) Pte. Ltd., international dry bulk transport solutions provider files for Ch. 15 protection (Bankr. S.D.N.Y.), 91

SMALL BUSINESSES

– Disallowance of claims unless business owner returns preferential transfer to estate, Analysis and Perspective, 1505
– Employment tax debt major bankruptcy cause, conferees told, 678
– Lending, Geithner to clarify details of plan to boost, 339
– Owners and workers facing closure and job loss, union to set up hotline to aid, 698

SOUTH KOREA

See KOREA

SPECIAL REPORTS

– Madoff-related fiduciary breach cases could take years and leave big mark on law, attorneys say, 621
– PBGC governance concerns increase with rising tide of corporate bankruptcies, 948
– Troubled Asset Relief Program (TARP)

– – Civil disobedience part of push to stop foreclosures and evictions, 239
– – One-year review, 1439

SPORTS AND RECREATION

– Atomic Paintball Inc. files for Ch. 7 protection (Bankr. N.D. Tex.), 975
– Bally Total Fitness Corp. announces emergence from Ch. 11 protection (Bankr. S.D.N.Y.), 1295
– Chapter 11 filings

– – AGT Crunch Acquisition LLC and affiliates, fitness firm (Bankr. S.D.N.Y.), 642
– – Chicago Cubs, consolidation with Tribune Co. sought, sale of team and stadium approved (Bankr. D. Del.), 1461
– – Six Flags Inc. and affiliates, amusement park operator (Bankr. D. Del.), 844; pre-negotiated reorganization plan and disclosure statement filed, 1105; first amended joint reorganization plan and disclosure statement filed, 1253
– – True Temper Sports Inc. and affiliates, golf shaft maker (Bankr. D. Del.), 1488

– Phoenix Coyotes hockey team owners hope to move to Canada and sell team (Bankr. D. Ariz.), 762; NHL and Ice Edge Holdings submit bids to buy team, 1243; bids rejected, 1411
– Rejection of boxer's promotional agreement was breach of executory contract (C.D. Cal.), 182

STANDING

– Fraudulent transfers, receiver may not avoid and recover absent showing that receivership entities are creditors of debtor (S.D. Fla.), 1433
– Gender bias, ex-postal worker who orally disclosed claim to trustee has standing to sue (7th Cir.), 504
– General creditor claims (U.S., rev sought), 548; (rev den), 1444
– Involuntary bankruptcy, lawyer never hired by debtor may not appeal orders (D.V.I.), 32
– Person aggrieved may participate in corporate Ch. 11 case (D.V.I.), 1209
– Pre-petition creditors may claim automatic stay violations (5th Cir.), 1241
– Refco fraud, litigation trustee may not bring suit against alleged aiders and abettors (S.D.N.Y.), 601; Mayer Brown partner convicted, 1020; trustee actions against law and accounting firms rejected, 1293

STATE DEVELOPMENTS

– Generally

– – Authority over lending, attorneys general call on Obama to restore, 378
– – Cancellation of indebtedness income deferral, incorporation into state tax scheme, Analysis and Perspective, 992
– – Congressional Outlook 2009, Special Report, 139
– – Data breach, TJX Cos. reaches agreement with 41 state attorneys general (Mass. Super. Ct.), 947
– – Federal preemption of state laws

See PREEMPTION

– – Financial services industry told to expect increased enforcement scrutiny by state authorities, 1497
– – Foreclosure proceedings, most state laws favor mortgage holders, report says, 306
– – Lower foreclosure rates found in states with strong predatory lending laws, UNC study shows, 1468
– – 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 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
– – Municipalities, waves of Ch. 9 filings not expected but problems exist, conferees say, 1454
– – Operation Short Change, federal/state effort to crack down on fraud launched, 946

– Alabama

– – Delinquent taxpayers granted reprieve from criminal prosecution, 201
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– Arizona

– – Debt settlement, N.Y. attorney wins judgment against Ariz. firm that defrauded N.Y. customers (N.Y. Sup. Ct.), 1502
– – Phoenix Coyotes hockey team owners hope to move to Canada and sell team (Bankr. D. Ariz.), 762; NHL and Ice Edge Holdings submit bids to buy team, 1243; bids rejected, 1411
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– Arkansas

– – Credit repair firm violated CROA and Ark. Deceptive Trade Practices Act (E.D. Ark.), 864
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– California

– – Bank of Am. insufficient funds fees, hearing held in suit re debits from Social Security accounts (Cal.), 477; bank action proper, 778
– – City of Vallejo receives approval to void union contracts (Bankr. E.D. Cal.), 363; mediation ordered, 555; city eligible for municipal bankruptcy protection (B.A.P. 9th Cir.), 925; firefighter contract, rejection approved (Bankr. E.D. Cal.), 1242; electrical worker contract, rejection approved, 1286; IBEW appeals contract rejection, 1334; increase in Ch. 9 filings not expected but problems to exist, conferees told, 1454
– – County Bank and Alliance Bank put under FDIC receivership, 198
– – Dishonored checks, debt collectors who recover service fees may not recover prejudgment interest (Cal.), 1156
– – Foreclosures, lenders must stop proceedings under new law, 272; governor signs 8 bills into law, 1471
– – Investment adviser who funneled money to Madoff faces state charges (Cal. Super. Ct.), 1390
– – Lifelock fraud alerts violate FCRA policy and state unfair competition law (C.D. Cal.), 816
– – Loan modification consultants, bill to ban advance fees gains final approval, 1313
– – Local governments seeking bankruptcy protection, bill would require state approval, 798
– – Refund anticipation loans, H&R Block reaches settlement of deceptive marketing charges (Cal. Super. Ct.), 72
– – Self-insurers' fund, debtor obligation not excise tax (9th Cir.), 636
– – Single-premium annuity not exempt under Cal. law (9th Cir.), 297
– – State taxes properly discharged (9th Cir.), 1217
– – Toyota Motor Corp. to close joint venture New United Motors Manufacturing (NUMMI) plant in Cal., 1248
– – United Airlines settles ADA claims by San Francisco airport employees (N.D. Cal.), 464

– Colorado

– – Subprime lending, deceptive marketing, attorney general reaches settlement with Countrywide (Colo. Dist. Ct.), 236
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– Connecticut

– – Clean Water Act violations, Atlantic Wire pleads guilty and reaches civil settlement (Conn. Super. Ct.), 34
– – Mortgage fraud, federal agencies form task force to investigate cases in state, 1117
– – Tax amnesty, DRS posts information re upcoming program, 382

– District of Columbia

– – Countrywide bad practice claims, D.C. joins settlement (D.C. Super. Ct.), 1312

– Florida

– – Bogus home loans, 6 cases against 41 defendants announced (S.D. Fla.), 1120
– – Cabi Downtown LLC, Miami-based luxury condominium developer files for Ch. 11 protection (Bankr. S.D. Fla.), 1215
– – Chase Bank to release debt of card holders duped by sham debt management firm (Fla. Cir. Ct.), 1036
– – Congressional Outlook 2009, Special Report, 139
– – Foreclosure rescue scams, attorney general closes Tampa firm under new fraud law, 236
– – 4 bank failures announced, FDIC deposit insurance fund loses millions, 234
– – Fraudulent transfers, receiver lacks standing to avoid and recover absent showing that receivership entities are creditors of debtor (S.D. Fla.), 1433
– – Making Home Affordable Program, awareness campaign kicks off in Miami, 942
– – Outstanding tax debts, administrative fee to be assessed, 1036

– Georgia

– – Congressional Outlook 2009, Special Report, 139
– – FirstBank Financial Services put under FDIC receivership, 198

– Idaho

– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– Illinois

– – Auto and metal salvage firm illegal dumping, EPA releases proposed consent decree re Superfund site cleanup (Bankr. N.D. Ill.), 840
– – Congressional Outlook 2009, Special Report, 139
– – Federal and state regulators announce 7 banks put under FDIC receivership, 945
– – Foreclosure, state lawmakers back grace period for homeowners facing, 102
– – 4 bank failures announced, FDIC deposit insurance fund loses millions, 234
– – Insolvent taxpayer liability must reflect net operating loss reduction, 200
– – Ladder injury suit, Ch. 11 proceeding keeps hardware store in limbo under state law (N.D. Ill.), 600
– – Republic Windows workers' union files NLRB charge re failure to bargain, 87; Chicago 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
– – Sentinel Mgmt. liquidation trustee files suit against auditors re role in firm misconduct (Ill. Cir. Ct.), 1210
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– Indiana

– – Auto and metal salvage firm illegal dumping, EPA releases proposed consent decree re Superfund site cleanup (Bankr. N.D. Ill.), 840
– – Chrysler LLC and affiliates, state pension funds challenge deal with Fiat (Bankr. S.D.N.Y.), 719; motion to stay pending appeal granted (2d Cir.), 749; 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; 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; pension fund appeals (U.S., rev sought), 1366
– – Divorce-related mortgage and tax debts, dischargeability must be reconsidered (Ind. Ct. App.), 265
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– Maryland

– – Debt settlement firm owner jailed after refusal to follow court order to cease operations, return funds to defrauded clients (Md. Cir. Ct.), 1165

– Massachusetts

– – Big Dig contractor admits false statements re workmanship quality, charges re tunnel ceiling collapse dropped in guilty plea (D. Mass.), 640
– – Class actions, statutory right cannot be foreclosed by contract compelling arbitration (Mass.), 1033
– – Congressional Outlook 2009, Special Report, 139
– – Fairfield Greenwich Advisors settles charges re misrepresentations about knowledge of Madoff operations (Mass. Sec. Div.), 1311
– – Goldman Sachs promises money to help subprime borrowers restructure loans, attorney general says, 656
– – Patent applications and sale proceeds, attorneys' lien attaches (Mass.), 1142
– – Reserve Mgmt. Co. faces fraud charges re redemption requests (Mass. Sec. Div.), 85; state regulator objects to claw back arrangement in funds distribution (S.D.N.Y.), 1391

– Michigan

– – City water bill listed as unsecured debt in confirmed Ch. 13 plan binding (E.D. Mich.), 444
– – Congressional Outlook 2009, Special Report, 139
– – GM bankruptcy should be last resort, 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

– Minnesota

– – Debt collection, high interest charges, state attorney general sues Allina Health (Minn. Dist. Ct.), 170
– – Hold-harmless clause, divorcee may seek to enforce (Minn. Ct. App.), Case in Brief, 855
– – Home Affordable Mortgage Program (HAMP), housing group files suit re due process violations (D.C. Minn.), 1163
– – Mortgage documents lacking signature of one spouse valid under state law (8th Cir.), 1076

– Montana

– – Asarco LLC

– – – EPA to propose abandoned Iron Mountain Mine site for lead and arsenic cleanup, 87
– – – Superfund, settlements reached re 54 remaining waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– – 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

– Nebraska

– – 4 bank failures announced, FDIC deposit insurance fund loses millions, 234
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– Nevada

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

– New Jersey

– – Congressional Outlook 2009, Special Report, 139
– – Lehman Brothers Holdings Inc. execs face lawsuit re state pension fund losses (N.J. Sup. Ct.), 397; state fund losses, interlocutory appeal allowed re denial of remand to state court (D.N.J.), 1287
– – W.R. Grace pollution reporting, N.J. suit stayed during bankruptcy proceedings (D. Del.), 432

– New Mexico

– – Superfund

– – – Electronics manufacturer liable for cleanup costs at N.M. site (6th Cir.), 598
– – – Settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– New York

– – Attorneys' fees may be granted post-petition if allowed under contract or state law (N.D.N.Y.), 84
– – Budget planner laws should extend to debt settlement firms, state official says, 698
– – Buyers of debt, N.Y. City mayor signs bill treating as collectors, 420
– – Debt settlement industry practices, N.Y. attorney general launches nationwide probe, 656; suits filed, 738; firms violated state and federal statutes, N.Y. attorney general says, 780; firms pay fines, agree to change practices, 813; more firms shut down, 905; judgment won against Ariz. firm that defrauded N.Y. customers (N.Y. Sup. Ct.), 1502
– – Default judgments in debt collection actions, state seeks to invalidate due to process server fraud (N.Y. Sup. Ct.), 1080
– – Garnishment, recent ruling heightens risk for non-U.S. depositors in N.Y. banks (N.Y.), 943
– – IRS private debt collection program, state lawmakers seek reversal of decision to end, 340
– – Lehman Brothers Holdings Inc., N.Y. City seeks local taxes (Bankr. S.D.N.Y.), 1136
– – Mortgage discrimination, settlements reached, new case filed, 44
– – Mortgage fraud

– – – “Operation Bad Deeds,” state and federal authorities announce 8 cases against 41 defendants, 1501
– – – Residential scheme, firm and individuals indicted (N.Y. Sup. Ct.), 988

– – Subprime loan repurchases, mortgage-backed securities investor suit against Countrywide returned to state court (S.D.N.Y.), 1223
– – Tax collection, voluntary disclosure program will generate millions, state says, 1394
– – Threatening consumers and illegally posing as law enforcement officials, N.Y. collection agency employees face criminal charges under FDCPA and state law, 1434

– North Carolina

– – Foreclosure prevention measure signed into law, 1313

– Ohio

– – Annuity funded by life insurance proceeds may only be exempted to Ohio law limits (Bankr. N.D. Ohio), 14
– – Asbestos exposure claims, state Senate passes measure requiring plaintiff transparency, 7
– – Client concealment of assets, lawyer suspended for aiding (Ohio), 39
– – Foreclosures, mortgage restructuring firm engaged in unauthorized practice of law by trying to work out settlements on behalf of homeowners (Ohio), 1314
– – Forum Health reaches concessionary contracts covering Northside Medical Center, 1057
– – Moratorium on home foreclosures, state House passes, 738
– – Mortgage contract provision saying borrower must pay lender legal fees to stall foreclosure proper (Ohio), 272
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839
– – Trailer not motor vehicle under state law, debtor may not claim exemption (N.D. Ohio), 128

– Oklahoma

– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839
– – Tax debt, broken promise to repay prevents reinstatement of suspended lawyer (Okla.), 806

– Oregon

– – 4 bank failures announced, FDIC deposit insurance fund loses millions, 234
– – Wireless card service agreement arbitration clause waiving class actions unconscionable (9th Cir.), 508

– Pennsylvania

– – Congressional Outlook 2009, Special Report, 139
– – Out-of-state internet lenders, extension of state usury law proper (Pa. Commw. Ct.), 1082

– South Carolina

– – Credit counseling, licensing exemption applies only to lawyers licensed in state (S.C.), 739

– South Dakota

– – Commission earned pre-petition but paid post-petition is property of Ch. 7 estate (D.S.D.), 1219

– Tennessee

– – Married debtors may claim enhanced homestead exemption under new state law (E.D. Tenn.), 95
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– Texas

– – Asarco LLC copper smelter air quality permit, state senator granted access to documents re El Paso plant (Tex. Dist. Ct.), 523
– – Congressional Outlook 2009, Special Report, 139
– – Debt settlement industry practices, suit filed (Tex. Dist. Ct.), 738
– – Federal and state regulators announce 7 banks put under FDIC receivership, 945
– – Foreclosed owners, Tex. attorney general and Countrywide set up modification program (Tex. Dist. Ct.), 235
– – GM reorganization plan, attorney general files objection (Bankr. S.D.N.Y.), 836
– – Legal malpractice, malicious prosecution suit not preempted (Tex.), 162; (U.S., rev sought), 1202; (rev den), 1444
– – Orthodontist business services pact violates dental practice statute (5th Cir.), 57
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839
– – Taxation, JK Harris & Co. faces suit for misrepresenting skills and services (Tex. Dist. Ct.), 537

– Utah

– – Exempt retirement income, refunds from overpayment remain exempt (Utah), Case in Brief, 163
– – Ponzi scam, receiver for entities involved may sue sales agent under Utah Fraudulent Transfer Act (D. Utah), 737
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– Vermont

– – 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

– Virginia

– – Property tax payments to local government, suit to recover properly dismissed (S.D.N.Y.), 1058
– – Tax collection, late taxpayer amnesty program will waive penalties and halve interest charges, 1395

– Washington

– – Refusal to pay wages, liquidation not defense (Wash.), 970
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839

– Wisconsin

– – Excessive interest rates, state court will hear FDCPA claim with state claim (E.D. Wis.), 1265

STATUTES OF LIMITATIONS

– Appeals, disallowance of claim against debtor, excusable neglect (U.S., rev sought), 1476
– Collateral estoppel bars relitigation of timeliness of state court action (S.D. Fla.), 815
– Discharge of debt obligations, claim for attorneys' fees and costs untimely (E.D. Wis.), Case in Brief, 1070
– Exemptions, trustee objection untimely (B.A.P. 6th Cir.), 1068
– Malpractice action against debtor's lawyers, federal law extends time limit (5th Cir.), 1258
– Owens Corning employee suit against fiduciaries and trustee may not proceed (N.D. Ohio), 34

STEEL

– Chapter 11 filings

– – Barzel Indus. Inc. and affiliates, steel and other metal processor, distributor, and manufacturer, Canadian subsidiary also files to reorganize (Bankr. D. Del.), 1343
– – 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

STUDENT LOANS

– Carpenters training panel, bankrupt apprentice must repay (Bankr. S.D. Ill.), 612
– Ch. 13 debtor loan properly discharged without filing adversary action (S.D. Cal.), 127
– Ch. 13 plan payments may discriminate between student loans and unsecured creditors (Bankr. E.D. Wis.), 611
– Debtor plan may discharge if creditor fails to object after notice (U.S., rev sought), 386; (rev grant), 849
– Hardship discharge

– – Ch. 7 debtor close to retirement age entitled (Bankr. D. Minn.), 299
– – House panel holds hearing re standard, 1347
– – Newly licensed lawyer with no repayment history not entitled (8th Cir.), 1024
– – Plan completion under Ch. 13 not required for issue to be ripe (9th Cir.), 469

SUBORDINATION

– Owens Corning employee suit against fiduciaries and trustee may not proceed (N.D. Ohio), 34
– Post-petition rent, court may modify prospective application of equitable subordination order (8th Cir.), 1013
– Unsecured creditor claim based on state court judgment subject to mandatory subordination (5th Cir.), 1244

SUBPRIME LENDING

– Bush administration lending policy factor in explosion of low-income loans, OECD reports, 100
– 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, 139
– Deceptive marketing, Colo. attorney general reaches settlement with Countrywide (Colo. Dist. Ct.), 236
– Goldman Sachs promises money to help Mass. borrowers restructure loans, attorney general says, 656
– Hope Now alliance predicts doubling of loan modifications in 2009, report says, 16
– Loan modification efforts effective, FDIC chief tells conferees, 17
– Merrill Lynch reaches settlement with employees and investors re subprime lending-backed investments (S.D.N.Y.), 130
– Misleading investors re risks, SEC charges Countrywide (C.D. Cal.), 812
– Modification of residential loans

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

– Repurchasing loans, mortgage-backed securities investor suit against Countrywide returned to state court (S.D.N.Y.), 1223
– Securities class action filings surge in wake of subprime and credit crises, Stanford Law School report shows, 71
– State St. Bank and Trust faces suit by Catholic group re losses (S.D.N.Y.), 537

SUPERFUND

See ENVIRONMENT

SUPERMARKETS

See generally FOOD

SUPREME COURT, U.S.

– Scoreboard

– – Jan., 22; 46; 74; 103; 142
– – Feb., 171; 202; 242; 276
– – March, 312; 351; 383; 421
– – April, 453; 484; 511; 545; 576
– – May, 625; 663; 703; 741
– – June, 781; 817; 874; 910
– – July, 954; 997; 1042; 1088
– – Aug., 1126; 1166; 1199; 1232
– – Sept., 1275; 1322; 1364
– – Oct., 1402; 1442; 1473; 1508; 1542

– Administrative expense priorities, contract entered or assumed by debtor during bankruptcy, accrual of creditor claim against estate (rev sought), 579; (rev den), 956
– Appeals, disallowance of claim against debtor, timeliness, excusable neglect (rev sought), 1476
– Asbestos exposure claims

– – Denial of full exercise of setoff right proper (rev sought), 24; (rev den), 548
– – Third-party claims against debtor's insurers, jurisdiction (oral arg), 434; (rvs and rem), 883

– Asset sale order, res judicata (rev sought), 278; (rev den), 628
– Attorneys' fees, discharge (rev sought), 1404
– Automatic stay

– – Attempt to collect attorneys' fees from bankruptcy estate (rev den), 106
– – Extinction of certain causes of action (rev sought), 1324; (rev den), 1476
– – Foreclosure, fair value (rev sought), 1324

– Bad faith and willful misconduct, judges have inherent authority to suspend attorneys re (rev sought), 1202
– BAPCPA debt relief agency restrictions

– – Advice to consumers, limit violates free speech rights of lawyers (rev sought), 386; related case (rev sought), 514; (rev grant), 804; lawyers should be excluded from debt relief agency definition, ABA brief urges, 1300
– – Free speech rights of lawyers not violated (rev sought), 486

– Bond debt restructuring, release of nondebtors from claims of other nondebtors (rev sought), 1168
– Chrysler LLC and affiliates, deal with Fiat finalized (inj vac), 791; Chrysler pension plans will continue after sale, PBGC says, 791; absolute priority rule, lawyers fear impact of decision, 837; most assembly plants and supply facilities to reopen, 886; Italian government will not probe deal, 887; (rev sought), 912; board of directors named, 922; successor liability, elimination in product liability claims (dism), 1278; pension fund appeals (rev sought), 1366
– Civil contempt

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

– Commercial law, unpaid supplier right to reclaim goods, secured lender lien rights (rev sought), 244; (rev den), 579
– Confirmation of plan, disposable income is starting point for projected disposable income under BAPCPA (rev sought), 314
– Counsel for trustee, denial of compensation, res judicata (rev sought), 666; (rev den), 876
– Court denial of motion within safe harbor period prevents motion for Rule 11 sanctions (rev sought), 174; (rev den), 548
– Credit card loan, use to repay other debt 90 days before filing is voidable (rev sought), 784; (rev den), 956
– Difference between claimed and appraised value does not allow trustee to sell exempt personal property (rev grant), 565
– Discharge, debt for defalcation in a fiduciary capacity (rev sought), 1234
– Divorce, property division, tax deduction for child dependence, discharge (rev den), 106
– Estate property, causes of action, abandonment of asset (rev sought), 244; (rev den), 314
– Exceptions to discharge, defalcation, conscious misbehavior or extreme recklessness must be shown (rev den), 76
– FDCPA error defense applies to legal and procedural mistakes (rev grant), 943
– Fraud

– – Creditor judgment, fraudulent transfer to defeat (rev sought), 486; (rev den), 706
– – Enron CEO Skilling, conviction for conspiracy and securities fraud upheld (rev grant), 1489
– – Noncompliance with securities registration requirements, disregard of bankruptcy plan (rev sought), 579; (rev den), 784
– – Res judicata (rev sought), 386; (rev den), 628

– General creditor claims, standing (rev sought), 548; (rev den), 1444
– Intervention in adversary proceeding (rev sought), 1476
– Jury trial, scope of right (rev sought), 354
– Justice, Sotomayor nominated to replace Souter, 713; nominee has ruled on several bankruptcy issues, 713; Senate confirms, 1168
– Legal malpractice, malicious prosecution suit not preempted (rev sought), 1202; (rev den), 1444
– Leveraged buyout settlement payments not avoidable (rev sought), 1544
– PBGC termination premiums, Oneida bankruptcy did not erase (rev sought), 1544
– Preemption of state property exemptions (rev sought), 1544
– Projected disposable income, calculation (rev sought), 244
– Real estate

– – Landfill lease, termination (rev sought), 1090; (rev den), 1444
– – Lost interest, calculation under Real Estate Settlement Procedures Act (rev sought), 1090; (rev den), 1444

– Remand after refusal of pendent jurisdiction reviewable (rev sought), 579; (rev den), 956
– Retrial barred after mixed verdicts on charges with shared essential elements (rvs and rem), 888
– Selection of bankruptcy judges, conflicts of interest, equitable mootness (rev den), 76
– Student loans, debtor plan may discharge if creditor fails to object after notice (rev sought), 386; (rev grant), 849
– Trademark rights, debtor may not assume without consent of owners (rev den), 399
– Trustees

– – Discharge order, final report (rev den), 76
– – Surcharge of debtor exempt assets after refusal to surrender property properly approved by court (rev den), 424

– Truth in Lending Act (TILA)

– – Credit life insurance policy purchased with residential mortgage, class suit dismissed for lack of damages (rev den), 418
– – Preemption provision does not cover state-law based state court injunction re credit card solicitation scheme (rev den), 130

SWEDEN

– GM to sell Saab to Koenigsegg, Swedish government guarantees funds, 837
– Saab Automobile AB files for reorganization through Swedish court process after General Motors ends support, 257

SWITZERLAND

– Lehman Bros. Finance AG files Ch. 15 petition for recognition of foreign main proceeding, Ch. 11 case dismissed (Bankr. S.D.N.Y.), 361