Bankruptcy Law Reporter Index-Summary

BANKING

– Bank of America Corp.

– – Countrywide fiduciary duty breach, employee ERISA claims settled (C.D. Cal.), 1158
– – Executive compensation, settlement with SEC rejected pending receipt of more information (S.D.N.Y.), 1157
– – Insufficient funds fees, hearing held in suit re debits from Social Security accounts (Cal.), 477; bank action proper, 778
– – Mandatory arbitration rule dropped, 1195

– Budget planner laws should extend to debt settlement firms, N.Y. official says, 698
– Castle Holdco 4 Ltd., Countrywide holding company files for Ch. 15 protection (Bankr. S.D.N.Y.), 499
– Chapter 11 filings

– – CIB Marine Bancshares Inc., bank holding company (Bankr. E.D. Wis.), 1381
– – Colonial BancGroup Inc. and subsidiaries, bank holding company (Bankr. M.D. Ala.), 1254
– – FirstPlus Financial Group Inc., publicly-traded financial firm (Bankr. N.D. Tex.), 934
– – Silver State Bancorp (Bankr. D. Nev.), 61
– – Vineyard Natl. Bancorp, bank holding firm (Bankr. C.D. Cal.), 1107

– Checking account overdraft fees, limits on

See LEGISLATION, FEDERAL, S 1799

– CIT Group receives loan from creditors, begins debt tender and recapitalization plan, 1027; restructuring plan released, 1431
– Congressional Outlook 2009, Special Report, 132; 135; 139
– Conservatorship/receivership or bankruptcy, CRS report released, 557
– Consumer Financial Protection Agency, Treasury official urges Senators to support, 981; further developments, see LEGISLATION, FEDERAL, HR 3126
– Credit cards

See CREDIT CARDS

– Equity capital, stress test results show increased need for 10 large banks, 651
– Failures in 2009, FDIC releases data, 1193; closures reach 84, 1262
– FDIC

See FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)

– Financial market crisis

– – Congress to seek commission to investigate, Pelosi (D-Cal) says, 534
– – Effects on working families, SEIU releases report, 1389
– – Financial Crisis Inquiry Commission, members named, 1031
– – Oversight of financial sector, Geithner urges Congress to pass new rules, 1387
– – President's Working Group on Financial Markets meets for first time under Geithner, agenda announced, 195
– – Regulatory framework, importance of Fed, conferees discuss, 811

– Financial Product Safety Commission, creation

See LEGISLATION, FEDERAL, HR 1705, S 566

– Financial services firms, OECD seeks better consumer information and education, 988
– FINRA warns re counterfeit check scam using legitimate agency names, 1036
– Foreclosures, cities to use laws and purchase power to pressure banks, officials say, 989
– Fragmented regulatory system ready for overhaul and global links, GAO reports, 101
– Fraud, FDIC chief calls for federal and state crackdown, 303; housing downturn contributes to 36 percent spike, FBI says, 987
– Garnishment, recent ruling heightens risk for non-U.S. depositors in N.Y. banks (N.Y.), 943
– Identity theft FAQ guide, FTC and banking regulators issue, 863
– IndyMac Bank F.S.B. plan, PBGC takes control, 1184
– Innovation, Bernanke calls for balance with regulation to increase consumer understanding, 534
– Lehman Bros. Finance AG, Swiss subsidiary files for Ch. 15 protection, Ch. 11 case dismissed (Bankr. S.D.N.Y.), 361
– Lehman Brothers Holdings Inc., briefs filed in PBGC bid to involuntarily terminate pension plan (S.D.N.Y.), 119; schedules of assets and liabilities filed (Bankr. S.D.N.Y.), 362; sale of assets to Barclays, good faith and due process met (S.D.N.Y.), 393; execs face lawsuit re state pension fund losses (N.J. Sup. Ct.), 397; House panel examines effect of failure, 595; settlement agreement, approval sought (Bankr. S.D.N.Y.), 638; PBGC takes over plan, 893; asset sale to Barclays Capital may be investigated through discovery, 923; N.Y. City seeks local taxes (Bankr. S.D.N.Y.), 1136; state fund losses, interlocutory appeal allowed re denial of remand to state court (D.N.J.), 1287; failure, one year later, Analysis and Perspective, 1315; Barclays received windfall profit in asset sale, Lehman claims (Bankr. S.D.N.Y.), 1331; London affiliate, MFA commends congressional action to free assets, 1376
– Loans

See LOANS

– Manhattan Investment Fund trustee may not recover from Bear Stearns (2d Cir.), Case in Brief, 930
– Mortgages

See MORTGAGES

– Nonbank financial firms

– – Failing firms, ABA opposes Obama proposal to give FDIC authority to resolve, 535; FDIC and SEC chairs lobby for expansion of Treasury proposal, 1074
– – Framework needed to manage or close, Geithner tells House panel, 415

– Regulatory reform

– – Democratic group urges changes, 310
– – Geithner and Summers discuss themes of administration's proposals, 1496
– – International cooperation, progress made but obstacles remain, officials say, 1429
– – Mounting opposition faced by reform effort as pace slows, 1114
– – New resolution model, banking system, and markets needed, economist says, 862
– – Obama lists key principles, 305; overhaul focusing on new Fed powers outlined, 856
– – Regulators urge bankers to prepare for major changes, 1533
– – Single-agency plan faces opposition, 776; draft proposal receives mixed reviews, 939; industry reps support clarified plan in testimony before House panel, 1029
– – “Too big to fail” regime, Treasury official says ending takes global effort, 1427; House panel discusses bankruptcy and antitrust issues in administration proposal, 1517; House Fin. Servs. Comm. and Treasury Dep't release draft bill, 1519; Fed official says issue must remain priority, 1534

– Russian court issues guidance re legal obligations of banks in bankruptcy and tax cases, 1182
– Single regulator system, FDIC chief Bair opposes at Senate hearing, 1159
– Small business lending, Geithner to clarify details of plan to boost, 339
– Southeast Banking Corp. third amended plan confirmed (Bankr. S.D. Fla.), 403
– Speed of economic recovery depends on pace of market improvements, Bernanke says, 338
– Systemic risk regulator

– – Bill to create expected soon, Frank (D-Mass) tells conferees, 655; for futher action, see LEGISLATION, FEDERAL, S 664
– – Fed should have oversight power, Bernanke tells House panel, 1426
– – Geithner plan met with skepticism at Senate hearing, 901; response to plan restrained, 902

– TILA

See TRUTH IN LENDING ACT (TILA)

– Toxic assets, Geithner fix gets mixed reaction, 413
– Troubled assets remain serious threat to financial system, Congressional Oversight Panel warns, 1191
– Washington Mutual asks court to void portion of money owed to IRS (Bankr. D. Del.), 121

BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT (BAPCPA)

– Consumer filings, long-term effects unclear, CRS reports, 335
– Debt relief agency restrictions

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

– Disposable income is starting point for projected disposable income (U.S., rev sought), 314
– Effect of economic crisis, conferees discuss, 479
– Ride-through option not available to debtor (9th Cir.), 1383

BANKRUPTCY REFORM

– Cramdown, Senate panel considers option to help struggling homeowners, 1065
– Medical debt, easing of filing process

See LEGISLATION, FEDERAL, S 1624

– Overview of pending bills, chart, 539; 543
– Primary residence exception, CRS report analyzes bills to modify, 227

BANKRUPTCY RULES

– Amendments approved by Supreme Court, 461
– GASB seeks comments re proposed Ch. 9 exposure draft, 924
– 2004, Lehman Brothers Holdings Inc. may investigate asset sale to Barclays Capital through discovery (Bankr. S.D.N.Y.), 923
– 4004, Grant or denial of discharge, gap in Federal Rules can lead to abuse by Ch. 7 debtor and alter U.S. Trustee rights (Bankr. D.N.H.), 850
– 5005, Proof of claim, late submission by fax rather than hand or mail delivery properly rejected (7th Cir.), 1099
– 8002, Bidding procedure order denying breakup fees not final order subject to appeal (D. Del.), 5
– 9011, Court denial of motion within safe harbor period prevents motion for Rule 11 sanctions (U.S., rev sought), 174; (rev den), 548
– 9014, Trustee may recover copying costs without filing bill of costs per local rules (N.D. Ind.), 395

BAPCPA

See BANKRUPTCY ABUSE PREVENTION AND CONSUMER PROTECTION ACT (BAPCPA)

BERNARD L. MADOFF INVESTMENT SECURITIES LLC

See MADOFF FRAUD

BIOTECHNOLOGY

– Chapter 11 filings

– – Isolagen Inc. and subsidiary, biotechnology firm, DIP financing approved (Bankr. D. Del.), 897
– – Nanogen Inc. and affiliates, molecular and rapid diagnostic products developer (Bankr. D. Del.), 725

BRAZIL

– Enron Brazilian power project, in-house lawyers settle charges re aiding revenue inflation (S.D. Tex.), 123
– Independencia SA, Brazilian beef and leather producer files for Ch. 15 protection (Bankr. S.D.N.Y.), 331

BROADCASTING

– Chapter 11 filings

– – Mega Media Group Inc. and subsidiary, independent multimedia entertainment holding firm (Bankr. E.D.N.Y.), 1185
– – Young Broadcasting Inc. and affiliates, television station owner (Bankr. S.D.N.Y.), 260

BUILDING AND CONSTRUCTION

– Big Dig contractor admits false statements re workmanship quality, charges re tunnel ceiling collapse dropped in guilty plea (D. Mass.), 640
– Big home builders likely to face bankruptcy, advisory group says, 218
– Building Materials Holding Corp. reaches agreement with secured lender group re balance sheet restructuring (Bankr. D. Del.), 930
– Caruso Homes reorganization plan confirmed (Bankr. D. Md.), 1295
– Chapter 11 filings

– – Masonite Corp. and affiliates, residential and commercial door manufacturer (Bankr. D. Del.), 368
– – Opus South Corp. and subsidiaries, design-build development firm (Bankr. D. Del.), 563
– – The Kirk Corp., home builder (Bankr. N.D. Ill.), 684
– – WL Homes LLC and affiliates, private high volume home builder (Bankr. D. Del.), 294

– Charys Holding Co. plan confirmed (Bankr. D. Del.), 292
– Kimball Hill Inc. and affiliated firms, joint reorganization plan and disclosure statement confirmed (Bankr. E.D. Ill.), 368
– Smitty's Building Supply joint reorganization plan confirmed (Bankr. E.D. Va.), 894
– Stock Building Supply Holdings joint reorganization plan confirmed (Bankr. D. Del.), 894
– TOUSA Inc. and affiliates, home builder, loans received pre-petition avoided as fraudulent transfers (Bankr. S.D. Fla.), 1483
– WCI Communities Inc. and subsidiaries, homebuilding and real estate services firm, second amended joint reorganization plan confirmed (D. Del.), 1251