Bankruptcy Law Reporter Index-Summary

ECONOMIC OUTLOOK

– Automobile sales signal improvement in economy, recovery will be slow, analysts say, 1193
– Banking crisis, effects on working families, SEIU releases report, 1389
– Congressional Outlook 2009, Special Report, 132; 135
– Financial downturn not over yet, panelists tell conferees, 377
– Hopeful signs, Obama discusses after meeting with advisers, 507
– Manufacturers hit by recession, government funds needed to protect, industry group says, 1226
– Recession likely over but unemployment will slow recovery, Bernanke says, 1306
– Stimulus plan, Obama signs, 232
– Turnaround, Fed report provides anecdotal evidence re start, 1119

EDUCATION

See SCHOOLS

ELECTRONICS

– Chapter 11 filings

– – Muzak Holdings LLC and affiliates, professional sound system, digital signage, drive-thru systems, and commercial television designer and installer (Bankr. D. Del.), 225
– – Polaroid Corp. and affiliates, consumer electronics firm (Bankr. D. Minn.), 9

– Circuit City granted approval to liquidate assets, all remaining stores to close (Bankr. E.D. Va.), 88; House panel holds hearing re liquidation, 321; intellectual and internet-related property and customer data, sale to Systemax approved, 682; PBGC takes control of plan, 768; disclosure statement approved, liquidation plan hearing set, 1419
– Syntax-Brillian Corp. second amended liquidating plan confirmed (Bankr. D. Del.), 973

ELIGIBILITY FOR BANKRUPTCY RELIEF

– Credit counseling requirement, dismissal for failure to satisfy proper (E.D. Va.), 1186
– Incarcerated debtor must complete budget and credit counseling requirement pre-petition (E.D.N.Y.), 264
– Unsecured debt limit not exceeded, Ch. 13 trustee motion to dismiss denied (Bankr. N.D. Ohio), 1464

EMERGENCES

– Bally Total Fitness Corp. (Bankr. S.D.N.Y.), 1295
– Caraustar Indus. Inc. and affiliates, recycled and converted paperboard products manufacturer (Bankr. N.D. Ga.), 1251
– Delphi Corp. (Bankr. S.D.N.Y.), 1457
– Energy Partners Ltd. and affiliates, independent oil and natural gas exploration and production firm (Bankr. S.D. Tex.), 1377
– Frontier Airlines (Bankr. S.D.N.Y.), 1343; Republic acquisition completed, final emergence announced, 1458
– Interstate Bakeries Corp. (Bankr. W.D. Mo.), 187
– Journal Register Co. and subsidiaries, print and online publisher (Bankr. S.D.N.Y.), 1182
– Key Plastics LLC and Key Plastics Finance Corp., supplier of engineered plastic components to light vehicle manufacturers (Bankr. D. Del.), 221
– Quebecor World Inc., Canadian commercial printer operator announces emergence from Ch. 11 and Canadian protection, 1104
– Sanitec Indus., healthcare waste disinfection system patent holder (Bankr. C.D. Cal.), 560
– Spectrum Brands and subsidiaries, consumer products developer and supplier (Bankr. W.D. Tex.), 1294
– Superior Offshore Intl. Inc., provider of subsea construction and commercial diving services to offshore oil and gas industry (Bankr. S.D. Tex.), 221
– Wellman Inc. and subsidiaries, polyester products manufacturer and marketer (Bankr. S.D.N.Y.), 187

EMPLOYEE RETIREMENT INCOME SECURITY ACT

See ERISA

ENERGY

– Chapter 11 filings

– – Foothills Resources Inc. and subsidiaries, independent production and exploitation energy firm (Bankr. D. Del.), 224
– – Hereford Biofuels Holdings LLC and subsidiaries (Bankr. N.D. Tex.), 158
– – LyondellBasell Indus. and European holding company, polymer, petrochemical, and fuel company (Bankr. S.D.N.Y.), 59; second holding company added, 562; nonoperating entities added, 685
– – Nova Biosource Fuels Inc. and subsidiaries, biodiesel refiner and marketer (Bankr. D. Del.), 467
– – Solar Communities I LLC and Applied Solar Inc., solar energy firm and operator (Bankr. D. Del.), 1106; debtor-in-possession and asset purchase agreements reached with The Quercus Trust, 1145

– Enron Corp.

See ENRON

– Oil and gas

See OIL AND GAS

– Revenue recognition scheme, solar power execs agree to fine (D.D.C.), 366
– VeraSun Energy Corp., ethanol producer and marketer obtains bid from Valero for 5 facilities (Bankr. D. Del.), 222; joint liquidation plan and disclosure statement filed, 1146
– Williams Cos. properly granted summary judgment on fraud claims (10th Cir.), 290

ENRON

– Brazilian power project, in-house lawyers settle charges re aiding revenue inflation (S.D. Tex.), 123
– Concealment of true financial condition, shareholder class action against investment banks dismissed (S.D. Tex.), 463
– Conspiracy and securities fraud, CEO Skilling properly convicted, resentencing ordered (5th Cir.), 86; (U.S., rev grant), 1489
– JP Morgan shareholder suit dismissed for failure to show intent to defraud (2d Cir.), 156
– Retrial barred after mixed verdicts on charges with shared essential elements (U.S., rvs and rem), 888

ENTERTAINMENT

– Chapter 11 filings

– – Midway Games Inc. and U.S. subsidiaries, video game maker (Bankr. D. Del.), 224
– – Muzak Holdings LLC and affiliates, professional sound system, digital signage, drive-thru systems, and commercial television designer and installer (Bankr. D. Del.), 225
– – Trump Entertainment Resorts Inc. and subsidiaries (Bankr. D.N.J.), 223; second amended and restated joint reorganization plan filed, 1460

– HRP Myrtle Beach Holdings LLC and affiliated entities granted motion to convert from Ch. 11 to Ch. 7 (Bankr. D. Del.), 58; FPI MB Group agrees to purchase assets, approval hearing set, 221

ENVIRONMENT

– Aleris Intl. Inc. reaches settlement re Clean Air Act (CAA) violations (N.D. Ohio), 1144
– Asarco LLC

See MINING

– Basin Water Inc. and affiliate, water treatment firm files for Ch. 11 protection (Bankr. D. Del.), 1062
– Clean Water Act violations, Atlantic Wire pleads guilty and reaches civil settlement (Conn. Super. Ct.), 34
– Penalties and cleanup costs, Kerr-McGee and Anadarko Petroleum face suit re attempt to evade (Bankr. S.D.N.Y.), 722
– Resource Conservation and Recovery Act (RCRA) claims not dischargeable (7th Cir.), 1246
– Securities fraud by Tronox Inc., lead plaintiff named in class action alleging misleading statements on environmental liabilities (S.D.N.Y.), 1521
– Superfund

– – Asarco, settlements reached re 54 remaining waste sites (Bankr. S.D. Tex.), 432
– – Auto and metal salvage firm illegal dumping, EPA releases proposed consent decree re site cleanup (Bankr. N.D. Ill.), 840
– – Electronics manufacturer liable for cleanup costs at N.M. site (6th Cir.), 598
– – Hardrock mining added to financial assurance list (N.D. Cal.), 1017
– – Polluter-paid tax, group seeks reinstatement, 401; Blumenauer (D-Or) supports reauthorization, 1019

– 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 pollution reporting, N.J. suit stayed during bankruptcy proceedings (D. Del.), 432

EPA (ENVIRONMENTAL PROTECTION AGENCY)

See generally ENVIRONMENT

ERISA

– Countrywide fiduciary duty breach, Bank of Am. settles employee claims (C.D. Cal.), 1158
– Downsizing liability provision, PBGC developing proposed legislation, 697
– Health plan sponsors have priority over third-party administrator funds held in bank accounts (N.D. Ind.), 219
– Owens Corning employee suit against fiduciaries and trustee may not proceed (N.D. Ohio), 34
– Pilgrim's Pride workers file class action re lost stock investments (E.D. Tex.), 85

ESTATE PROPERTY

See PROPERTY OF ESTATE

ESTOPPEL

See COLLATERAL ESTOPPEL; JUDICIAL ESTOPPEL

EXCEPTIONS TO DISCHARGE

See also DISCHARGE OF DEBTS
– Alimony, in gross award must be based on obligor's estate at time of judgment (Ala.), 1025
– Car debt, failure to indemnify ex-wife as provided in divorce pact, debtor properly held in contempt (Ark. Ct. App.), 647
– Checking account overdraft charges dischargeable (E.D. Wis.), 566
– Contractor is fiduciary to subcontractor, defalcation renders debt nondischargeable (6th Cir.), 759
– Defalcation, conscious misbehavior or extreme recklessness must be shown (U.S., rev den), 76
– Divorce-related mortgage and tax debts, dischargeability must be reconsidered (Ind. Ct. App.), 265
– Divorcing couple stipulated settlement agreement disposes of pending suits (E.D. Mich.), 410
– Educational loans, bankrupt apprentice must pay carpenters training panel (Bankr. S.D. Ill.), 612
– Misrepresentation by debtor, bank reliance justifiable, loan debt nondischargeable (E.D. Mich.), 298
– Multiemployer benefit plan unpaid contributions may be discharged (2d Cir.), 765
– No-asset bankruptcy, failure to list claim blocks discharge (1st Cir.), 728
– Securities, debt arising out of violation of federal laws nondischargeable (C.D. Cal.), 797
– Student loans, hardship discharge

See STUDENT LOANS

EXECUTORY CONTRACTS

– Crop land rent due 2 days post-petition entitled to administrative expense status (B.A.P. 8th Cir.), 890
– Dairy farmer, creditor agreements with not executory (N.D. Ohio), 1452
– Lease and subsequent amendment are single contract (S.D.N.Y.), 1332
– Rejection of boxer's promotional agreement was breach (C.D. Cal.), 182
– Trademark rights, debtor may not assume without consent of owners (U.S., rev den), 399
– Trustee failure to assume contract excuses nonperformance by other parties (W.D.N.Y.), 599

EXEMPTIONS

– Annuities

– – Life insurance proceeds, annuity funded by may only be exempted to Ohio law limits (Bankr. N.D. Ohio), 14
– – Single-premium annuity not exempt under Cal. law (9th Cir.), 297

– Difference between claimed and appraised value does not allow trustee to sell exempt personal property (U.S., rev grant), 565
– Retirement plans not exempt (9th Cir.), Case in Brief, 938
– Social Security, pre-petition retroactive benefits excluded from estate (B.A.P. 8th Cir.), 1110
– State property exemptions, preemption (U.S., rev sought), 1544
– Traceable exempt income, tax refunds may be withheld (B.A.P. 10th Cir.), 300
– Trailer not motor vehicle under Ohio law, debtor may not claim exemption (N.D. Ohio), 128
– Trustee objection untimely (B.A.P. 6th Cir.), 1068