Bankruptcy Law Reporter Index-Summary

FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

– Business credit card, receipt generated for transaction using does not invoke liability (N.D. Ill.), 1357
– E-mailed confirmation containing credit card expiration date does not violate (S.D. Fla.), 658
– Permissible statutory damage range does not violate due process (N.D. Ill.), 310
– Printing rules cover both on-screen and in-person payment confirmations (N.D. Ill.), 1358
– Statutory damages provision constitutional (11th Cir.), 657

FAIR CREDIT REPORTING ACT (FCRA)

– Complaints of errors often result in pro-consumer data changes, FTC reports, 43
– Consumer disputes, creditor probe must be reasonable (9th Cir.), 168; amended opinion, Case in Brief, 1538
– Equifax consumer report errors, jury award affirmed (4th Cir.), 451
– Fired workers and rejected applicants, failure to give notice triggers penalties (D. Colo., W.D. Wash.), 1195
– Identity theft victim, debt collector probe may be willful violation (S.D. Ohio), 169
– Lifelock fraud alerts violate policy and Cal. unfair competition law (C.D. Cal.), 816
– Prescreened reports

– – Insurance company mailing was firm offer, claim that report obtained for impermissible purpose properly dismissed (3d Cir.), 1537
– – Mortgage lender settles charges over prescreened credit offers (C.D. Cal.), 1226
– – Purchase of reports by mortgage brokers, state claims against reporting agencies preempted (2d Cir.), 1503

FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

– Attorneys' fees

– – Contractual and statutory fees may be recovered (D.N.J.), 1358
– – Single violation cannot justify large award (W.D. Mich.), 1471

– Bona fide error defense

– – Intentional violation of Act to avoid a different violation, collector not shielded (11th Cir.), 1502
– – Legal and procedural mistakes, defense applies to (U.S., rev grant), 943

– Collector did not violate by filing consumer credit complaint outside debtor's district (W.D.N.Y.), 199
– Current creditor and correct sum must be identified in demand letter (M.D. Fla.), 1392
– Discovery request in consumer class action granted (D. Conn.), Case in Brief, 1472
– Excessive interest rates, state court will hear FDCPA claim with state claim (E.D. Wis.), 1265
– Explanatory note in complaint does not subject debt collectors to liability (E.D. Ark.), 1432
– Frivolous claim, sanctions can only be imposed on client, not lawyer (9th Cir.), 907
– Mixed message in debt collection letter re lawyer's role require reinstatement of suit (5th Cir.), 1194
– Non-defaulted discharged debt, collection efforts not actionable (D. Colo.), 1111
– Rooker-Feldman doctrine requires dismissal of suit (E.D. Wash.), Case in Brief, 1472
– Settlement letters signed by agency execs not deceptive (3d Cir.), 71
– Substitute trustee is debt collector (D.D.C.), 1432
– Survey designed to show debt collection letter statement was misleading and confusing properly excluded (7th Cir.), 419
– Threatening consumers and illegally posing as law enforcement officials, N.Y. collection agency employees face criminal charges under FDCPA and state law, 1434
– Tortious conversion suit cannot form FDCPA case (9th Cir.), Case in Brief, 1396

FAIR VALUE

See VALUATION

FANNIE MAE

See GOVERNMENT-SPONSORED ENTERPRISES (GSEs)

FARMS

See AGRICULTURE; LIVESTOCK

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)

– Debt collection calls to ported numbers, comments sought re TCPA compliance, 450

FEDERAL COURTS

– Adversary proceedings in bankruptcy cases drop for fifth consecutive year, AOUSC reports, 400
– Bankruptcy filings

– – 2008, filings up

– – – AOUSC report, 324
– – – Supreme Court report, 43

– – 2009, filings continue to rise, AOUSC report, 795; 1178

– Consumer bankruptcy causes, Boston Fed releases report, 337
– Illness and medical bills tied to rise in U.S. bankruptcy filings, study shows, 852; medical debt cited in 62 percent of filings, witness tells House panel, 1066
– Online access to proceedings, federal judiciary reviews expansion, 167

FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)

– Bank failures in 2009, data released, 1193; closures reach 84, 1262
– Bank holding firms, increased resolution authority

See LEGISLATION, FEDERAL, S 1540

– Congressional Outlook 2009, Special Report, 135
– Consumer protection, federal oversight and strong standards critical, consumer literacy also important, Bair says, 905
– County Bank, Alliance Bank, and FirstBank Financial Services put under receivership, 198
– Deposit insurance

– – Boost

See LEGISLATION, FEDERAL, HR 786

– – Fund loses millions, 4 bank failures announced, 234

– Economic Inclusion Advisory Panel prepares to address Community Reinvestment Act and overdraft issues, 1116
– Failed banks, acquisition terms loosened to attract private investors, 1261; asset sale sets framework for future deals, 1351
– Ill. and Tex. regulators announce 7 banks put under receivership, 945
– Mortgage and financial fraud, chief calls for federal and state crackdown, 303; housing downturn contributes to 36 percent spike, FBI says, 987
– Nonbank firms, Bair seeks expanded resolution authority, 474; ABA opposes Obama proposal to give FDIC authority to resolve failing firms, 535; FDIC and SEC chairs lobby for expansion of Treasury proposal, 1074
– Resolution authority should be expanded to large firms and holding companies, Bair says, 572
– Single regulator system, Bair opposes at Senate hearing, 1159
– Subprime loan modification efforts effective, chief tells conferees, 17
– “Too big to fail” financial firms, chief seeks new plan to end, 415

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

FEDERAL LEGISLATION

See LEGISLATION, FEDERAL

FEDERAL PREEMPTION

See PREEMPTION

FEDERAL RESERVE BOARD

– Chairman, Bernanke renominated, 1220
– CIT Group reaches agreement to improve capital, liquidity, and management, 1196
– Congressional Outlook 2009, Special Report, 132
– Consumer bankruptcy causes, Boston Fed releases report, 337
– Consumer protection role retention, official testifies before House panel, 1028; nonbank subsidiaries of bank firms, protection role to be broadened, 1309
– Credit cards

– – Cardholders, Fed proposes new protective measures, 1389
– – Rate hikes, Dodd (D-Conn) and Schumer (D-NY) urge Fed to use emergency powers to halt, 572
– – Regulatory reforms, Fed, OTS, and NCUA action may signal broader action, Congress members say, 19

– Economic turnaround, Fed report provides anecdotal evidence re start, 1119
– Financial regulatory system, overhaul focusing on new Fed powers outlined, 856
– Foreclosure prevention policy initiative released, 164
– Innovation, Bernanke calls for balance with regulation to increase consumer understanding, 534
– Recession likely over but unemployment will slow recovery, Bernanke says, 1306
– Rulemaking, Fed to use more consumer testing, 1499
– Speed of economic recovery depends on pace of financial market improvements, Bernanke says, 338
– Systemic risk regulator, Fed should have oversight power, Bernanke tells House panel, 1426

FEDERAL TRADE COMMISSION (FTC)

– Advance fees for mortgage loan modification and foreclosure rescue services, ban considered, 1353
– Bogus mortgage modification scheme, injunction granted (D.N.J.), 451
– Chrysler used cars, consumer groups seek FTC rule requiring warning re liability protection, 1012
– Consumer credit report fee, maximum amount raised, News Brief, 73
– Credit cards, abusive practices ban, disclosure increase, and underage consumer protection

See LEGISLATION, FEDERAL, S 414

– Credit repair firms cited for deceiving consumers, 382
– Credit report accuracy, nationwide study to be proposed, 20
– Debt collection fraud complaints rising in weak economy, officials say, 346
– Enforcement, industries to face increase in actions under new chief, 1031
– Failure to protect data and verify client ID, charges settled with tenant screening services firm (D. Minn.), 347
– FCRA complaints re errors often result in pro-consumer data changes, report says, 43
– Financial fraud, chair seeks more authority to protect consumers, 416
– Foreclosure rescue scam, mortgage lender reaches settlement shutting down operation (M.D. Fla.), 1224
– Free annual credit report, official urges consumers to visit web site to obtain, 381
– Identity theft

– – Consumer Sentinel Data Book, number one complaint in 2008, report says, 306
– – FAQ guide, FTC and banking regulators issue, 863
– – For-profit service industry, consumer group urges review of practices, 419
– – National breach notice standard, FTC and DOJ call on Congress to pass, 908
– – Prevention rule, guidance released, 478; retailers concerned re potential liability, 510

– Loan applicants charged for debit cards, settlement reached with firm and principals (N.D. Cal.), 1225
– Mortgage and foreclosure scams, federal and state agencies launch coordinated effort to combat, 474; comment sought 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
– Mortgage loans, charging Hispanic customers higher prices, FTC charges lending firm and owner (C.D. Cal.), 657
– Operation Loan Lies, coordinated foreclosure rescue scam enforcement effort leads to 189 actions, 1037
– Operation Short Change, federal/state effort to crack down on fraud launched, 946
– Payday loans, international internet lender settles FTC charges (D. Nev.), 1392
– Power to protect borrowers, bill to increase

See LEGISLATION, FEDERAL, HR 2309

– Recession, web site launched to help consumers cope, News Brief, 478

FEES

– Attorneys

See ATTORNEYS' FEES

– Bank of Am. insufficient funds fees, hearing held in suit re debits from Social Security accounts (Cal.), 477; bank action proper, 778
– Breakup fees, bidding procedure order denying not final order subject to appeal (D. Del.), 5
– Checking account overdraft fees, limits on

See LEGISLATION, FEDERAL, S 1799

– Consumer credit report fee, FTC raises maximum amount, News Brief, 73
– Ponzi scheme case, receiver fee request excessive (S.D.N.Y.), 69
– Trustee may recover copying costs without filing bill of costs per local rules (N.D. Ind.), 395

FHA

See FEDERAL HOUSING ADMINISTRATION (FHA)

FIDUCIARY DUTY

– Dana Corp., 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
– Divestiture of GM stock, employees sue State Street Bank re breach (E.D. Mich.), 859
– Employee welfare plan administrator breached duty by loaning plan money to failed firm (9th Cir.), 839
– 401(k) fiduciary did not breach duty by divesting plan of W.R. Grace stock (1st Cir.), 184
– Health benefit plan, third-party administrator only liable for payments upon termination of contract with employer (6th Cir.), 1249
– Malpractice claim, law firm failure to reveal did not breach (8th Cir.), 220
– Owens Corning employee suit against fiduciaries and trustee may not proceed (N.D. Ohio), 34

FILINGS OF NOTE

– Ed. Note: Unless otherwise specified, all filings are under Ch. 11.
– 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
– Adamar of N.J. d/b/a Tropicana Casino and Resort and subsidiary (Bankr. D.N.J.), 603
– AGT Crunch Acquisition LLC and affiliates, fitness firm (Bankr. S.D.N.Y.), 642
– 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
– American Community Newspapers LLC and subsidiaries (Bankr. D. Del.), 604; holding company files, 801
– Apex Silver Mines Ltd. and wholly-owned subsidiary (Bankr. S.D.N.Y.), 91; plan confirmed, 328
– ARG Enterprises Inc. and affiliates, restaurant operator (Bankr. D. Del.), 125
– Armada (Singapore) Pte. Ltd., international dry bulk transport solutions provider, Ch. 15 (Bankr. S.D.N.Y.), 91
– Astrata Group Inc., location-based IT services and solutions designer and developer (Bankr. D. Nev.), 1214
– Asyst Techs., integrated automation solutions provider, Japanese subsidiaries also enter related voluntary proceedings in Japan (Bankr. N.D. Cal.), 561
– Atomic Paintball Inc., Ch. 7 (Bankr. N.D. Tex.), 975
– Aurora Oil & Gas Corp. and subsidiary (Bankr. W.D. Mich.), 1020; joint reorganization plan and disclosure statement filed, 1460
– Aventine Renewable Energy Holdings Inc. and affiliates, ethanol producer and marketer (Bankr. D. Del.), 499
– Aviza Tech. Inc. and affiliates, advanced semiconductor capital equipment and process technologies supplier (Bankr. N.D. Cal.), 846; asset sale to Sumitomo Precision Prods. Co. approved, 1521
– Barzel Indus. Inc. and affiliates, steel and other metal processor, distributor, and manufacturer, Canadian subsidiary also files to reorganize (Bankr. D. Del.), 1343
– Basin Water Inc. and affiliate, water treatment firm (Bankr. D. Del.), 1062
– BearingPoint Inc. and subsidiaries, management and technology consultant (Bankr. S.D.N.Y.), 258; motion to shorten time for approval of bidding procedures granted, 436; sale of business unit to PricewaterhouseCoopers approved, 800; false financial data, investor class action remanded (4th Cir.), 1140
– Bernard L. Madoff, Ch. 7 (Bankr. S.D.N.Y.), 496
– BI-LO LLC and affiliates, supermarket operator (Bankr. D.S.C.), 440
– Biopure Corp., pharmaceutical developer and marketer (Bankr. D. Mass.), 1063
– Bruno's Supermarkets LLC (Bankr. N.D. Ala.), 189; motion to reject collective bargaining agreements filed, 328; asset sale to Southern Family Markets approved, 641
– Butler Servs. Intl. Inc. and affiliates, engineering and technical outsourcing services provider (Bankr. D. Del.), 801
– Cabi Downtown LLC, Miami-based luxury condominium developer (Bankr. S.D. Fla.), 1215
– Capmark Fin. Group Inc. and affiliates, real estate finance firm (Bankr. D. Del.), 1523
– 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
– Castle Holdco 4 Ltd., Countrywide holding company, Ch. 15 (Bankr. S.D.N.Y.), 499
– Catholic Diocese of Wilmington (D. Del.), 1487
– CCS Medical Inc., medical supplies provider (Bankr. D. Del.), 974
– Charter Communications Inc. and affiliates, broadband communications firm and cable operator (Bankr. S.D.N.Y.), 439; joint reorganization plan to be confirmed, 1522
– Checker Motors Corp., metal stampings and welded assembly provider (Bankr. W.D. Mich.), 125
– 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
– Chicago Cubs, consolidation with Tribune Co. sought, sale of team and stadium approved (Bankr. D. Del.), 1461
– Chrysler LLC and affiliates, deal with Fiat announced (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
– CIB Marine Bancshares Inc., bank holding company (Bankr. E.D. Wis.), 1381
– Clearwater Natural Resources LP and affiliates, coal mining firm (Bankr. E.D. Ky.), 92
– Colonial BancGroup Inc. and subsidiaries, bank holding company (Bankr. M.D. Ala.), 1254
– CommerceConnect Media Holdings Inc. and affiliates, business-to-business media firm (Bankr. D. Del.), 1147
– 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
– Cooper-Standard Holdings Inc. and subsidiaries, global automotive supplier (Bankr. D. Del.), 1147
– Crabtree & Evelyn Ltd., bath, body, and home care products developer and retailer (Bankr. S.D.N.Y.), 934
– Crusader Energy Group Inc. and affiliates, oil and gas firm (Bankr. N.D. Tex.), 466; common stock, sale agreement reached with SandRidge Energy, 1378
– Cynergy Data LLC and affiliates, merchant credit card processing service provider, asset purchase agreement reached with stalking horse bidder (Bankr. D. Del.), 1297; asset sale bidding procedures approved, 1342
– Dr. R.C. Samanta Roy Inst. of Science & Technology Inc. (SIST) and subsidiaries, nonprofit property acquisition and management, gasoline and petroleum products sales, and charitable activities funding firm (Bankr. D. Del.), 406
– Dreier LLP, law firm (Bankr. S.D.N.Y.), 8; judge seeks trustee opinions re bail revocation decision (S.D.N.Y.), 637
– Eagle Geophysical Inc., upstream oilfield service firm (Bankr. S.D. Tex.), 803
– Eddie Bauer Holdings Inc. and affiliates, specialty retailer, asset purchase agreement reached with stalking horse bidder (Bankr. D. Del.), 895; DIP financing approved, 972; asset sale approved, 1060
– Energy Partners Ltd. and affiliates, independent oil and natural gas exploration and production firm (Bankr. S.D. Tex.), 643; prenegotiated joint reorganization plan confirmed, 1146; emergence announced, 1377
– Enucleus Inc., data management firm (Bankr. W.D. Wash.), 1148
– Escada (USA) Inc., luxury retailer (Bankr. S.D.N.Y.), 1184
– ESPRE Solutions Inc., internet IT firm (Bankr. N.D. Tex.), 190
– EuroFresh Inc. and subsidiary, hydroponic tomato and cucumber grower and marketer (Bankr. D. Ariz.), 562; back-wages claim reduced under settlement agreement, 1376
– Extended Stay Inc. and affiliates, hotel chain (Bankr. S.D.N.Y.), 896
– Fairchild Corp. and affiliates, aerospace, real estate, and motorcycle apparel firm (Bankr. D. Del.), 404
– Filene's Basement Inc. and affiliates, retailer (Bankr. D. Del.), 605; asset sale to Sym's approved, 894
– Finlay Enters. Inc. and affiliates, fine jewelry retailer, asset purchase agreement reached with stalking horse bidder (Bankr. S.D.N.Y.), 1184
– FirstPlus Financial Group Inc., publicly-traded financial firm (Bankr. N.D. Tex.), 934
– Fleetwood Enterprises Inc., recreational vehicle and manufactured housing maker (Bankr. C.D. Cal.), 370
– Flying J Inc. and affiliates, oil and gas exploration and refining firm (Bankr. D. Del.), 8
– 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
– Fontainebleau Las Vegas LLC and affiliates, casino-resort (Bankr. S.D. Fla.), 845
– Foothills Resources Inc. and subsidiaries, independent production and exploitation energy firm (Bankr. D. Del.), 224
– FormTech Indus. LLC, industrial and automotive forged metal components provider, asset purchase agreement reached with HHI Holdings (Bankr. D. Del.), 1255
– Fortunoff Holdings LLC, department store and specialty retailer (Bankr. S.D.N.Y.), 188; liquidators reach agreement to honor gift cards, 291
– 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
– General Growth Properties Inc. and affiliates, publicly traded real estate investment trust (REIT) (Bankr. S.D.N.Y.), 523; filing raises concern re landlord bankruptcies, industry lawyer says, 677; firm can use cash from assets held by special purpose entities, 767; CBMS bankruptcy remote structuring and the recession, Analysis and Perspective, 820; cash consolidation order common in parent-subsidiary actions, webcast participants told, 969; secured creditor motion to dismiss subsidiary cases denied, 1175; PSLRA safe harbor protects firm statements re debt load (N.D. Ill.), 1418
– General Motors Corp. (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; final bids received for Opel, 1011; hourly workforce reduced as 6000 accept buyouts, 1102; German Chancellor prefers Magna as investor for Opel, 1180; GM board votes to sell to Magna, 1294; Penske drops plan to buy Saturn, 1414
– 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
– Gottschalks Inc., regional department store chain (Bankr. D. Del.), 90
– Greenbrier Hotel Corp., four-star resort owner (Bankr. E.D. Va.), 405; union members ratify contracts, 602; case dismissed, Justice Family Group takes control, 724
– Growers Direct Coffee Co., distributor and marketer of whole green-bean coffee, Ch. 7 (Bankr. D. Nev.), 293
– Hallwood Energy LP and affiliates (Bankr. N.D. Tex.), 292
– 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
– Heller Ehrman LLP, law firm (Bankr. N.D. Cal.), 35; Brobeck trustee seeking funds from former partners now with Heller firm, 396; trustee suit may proceed, 1015
– Hereford Biofuels Holdings LLC and subsidiaries (Bankr. N.D. Tex.), 158
– Holley Performance Products Inc. and affiliates, performance automotive products supplier (Bankr. D. Del.), 1420
– Idearc Inc. and affiliates, print, online, and wireless publishing and advertising provider (Bankr. N.D. Tex.), 500
– ILX Resorts Inc. and affiliates, timeshare developer (Bankr. D. Ariz.), 331
– Incentra Solutions Inc. and affiliates, IT services provider (Bankr. D. Del.), 191
– Independencia SA, Brazilian beef and leather producer, Ch. 15 (Bankr. S.D.N.Y.), 331
– Isolagen Inc. and subsidiary, biotechnology firm, DIP financing approved (Bankr. D. Del.), 897
– J.L. French Automotive Castings Inc. and affiliates (Bankr. D. Del.), 1021
– Journal Register Co. and subsidiaries, print and online publisher (Bankr. S.D.N.Y.), 256; joint amended plan confirmed, 973; emergence announced, 1182
– KP Fashion (Bankr. S.D.N.Y.), 60
– Lear Corp. and affiliates, global automotive seating supplier (Bankr. S.D.N.Y.), 933; first amended joint reorganization plan filed, disclosure statement approved, 1380
– Lehman Bros. Finance AG, Ch. 15 (Bankr. S.D.N.Y.), 361
– LifeMasters Supported SelfCare Inc., disease management and health improvement firm (Bankr. C.D. Cal.), 1345
– 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
– Magna Entertainment Corp. and subsidiaries, horse racetrack owner, DIP financing secured (Bankr. D. Del.), 329
– Mark IV Indus. Inc. and affiliates, automotive systems and components manufacturer (Bankr. S.D.N.Y.), 605; reorganization plan confirmed, 1379
– Masonite Corp. and affiliates, residential and commercial door manufacturer (Bankr. D. Del.), 368
– Mega Media Group Inc. and subsidiary, independent multimedia entertainment holding firm (Bankr. E.D.N.Y.), 1185
– Merisant Worldwide Inc. and affiliates, tabletop sweetener producer (Bankr. D. Del.), 92
– Meruelo Maddux Properties and subsidiaries, real estate firm (C.D. Cal.), 441
– 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
– Metromedia Intl. Group Inc., telecom firm (Bankr. D. Del.), 935
– Midway Games Inc. and U.S. subsidiaries, video game maker (Bankr. D. Del.), 224
– Milacron Inc. and subsidiaries, global plastics-processing technologies and industrial fluids supplier (Bankr. S.D. Ohio), 371; PBGC seeks termination of defined benefit plan (S.D. Ohio), 843
– Morgan & Finnegan LLP, intellectual property law firm (Bankr. S.D.N.Y.), 406
– Muzak Holdings LLC and affiliates, professional sound system, digital signage, drive-thru systems, and commercial television designer and installer (Bankr. D. Del.), 225
– Nanogen Inc. and affiliates, molecular and rapid diagnostic products developer (Bankr. D. Del.), 725
– NexPak Corp. and affiliates, multimedia packaging manufacturer, marketer, and distributor (Bankr. D. Del.), 527
– Noble Intl. Ltd. and affiliates, automobile components producer and supplier (Bankr. E.D. Mich.), 528
– Nortel Networks Corp. and subsidiaries in US and Canada, communications provider (Bankr. D. Del.), 89; underfunded plans, PBGC takes control, 1020; stalking horse asset and share sale agreement reached, 1061; firm files objection to IRS proofs of claim, 1335; stipulation covering portion of claim approved, 1520
– Northern NV Acquisitions LLC and affiliates, gaming and entertainment firm (Bankr. D. Nev.), 1106
– Nova Biosource Fuels Inc. and subsidiaries, biodiesel refiner and marketer (Bankr. D. Del.), 467
– NTK Holdings Inc. and affiliates, heating, air conditioning, and home technology manufacturer (Bankr. D. Del.), 1524
– Opus South Corp. and subsidiaries, design-build development firm (Bankr. D. Del.), 563
– Oscient Pharmaceuticals Corp. and subsidiary (Bankr. D. Mass.), 1064
– Peanut Corp. of Am., peanut processing company and maker of peanut butter for bulk distribution, Ch. 7 (Bankr. W.D. Va.), 259
– Penn Specialty Chemicals Inc., Ch. 7 (Bankr. D. Del.), 9
– PetroRig I Pte Ltd. and affiliates, ultra deep water semi submersible harsh environment drilling rig construction firm (Bankr. S.D.N.Y.), 727
– 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
– PNG Ventures Inc. and subsidiaries, liquefied natural gas producer and distributor (Bankr. D. Del.), 1345
– Polaroid Corp. and affiliates, consumer electronics firm (Bankr. D. Minn.), 9
– Primus Telecommunications Group Inc. and affiliates (Bankr. D. Del.), 369
– Proliance Intl. Inc. and affiliates, automotive parts manufacturer (Bankr. D. Del.), 975
– PTC Alliance Corp. and affiliates, welded and cold drawn mechanical steel tubing manufacturer and marketer (Bankr. D. Del.), 1463
– Qimonda Richmond LLC and Qimonda North Am. Corp., memory chip designer, manufacturer, and retailer (Bankr. D. Del.), 293
– Questex Media Group Holdings Inc. and affiliates, business-to-business media firm, asset purchase agreement reached with stalking horse bidder (Bankr. D. Del.), 1488
– RathGibson Inc. and affiliates, stainless steel, nickel, and titanium tubing manufacturer (Bankr. D. Del.), 1022
– Reader's Digest Ass'n Inc., global multi-brand media and marketing firm (Bankr. S.D.N.Y.), 1213
– Recycled Paper Greetings Inc., greeting card producer (Bankr. D. Del.), 60
– R.H. Donnelly Corp. and affiliates, consumer and business-to-business local commercial search firm, agreement reached with creditors (Bankr. D. Del.), 770
– Ritz Camera Centers Inc., photography and boating retailer (Bankr. D. Del.), 256
– River Road Hotel Partners LLC and affiliates (Bankr. N.D. Ill.), 1214
– Royce Intl. Investment Co., real estate developer (Bankr. C.D. Cal.), 159
– Saab Automobile AB files for reorganization through Swedish court process after General Motors ends support, 257
– Samsonite Company Stores LLC, luggage and related products retailer (Bankr. D. Del.), 1297
– Samsun Logix Corp., shipping and trading firm, Ch. 15 (Bankr. S.D.N.Y.), 372
– Saratoga Resources Inc. and subsidiary, independent exploration and production company (Bankr. W.D. La.), 501
– Scantek Medical Inc., breast cancer detector device producer/distributor (Bankr. D.N.J.), 37
– Sheldon Good & Co. and affiliates, real estate auction firm (Bankr. S.D.N.Y.), 606
– Silicon Graphics Inc. and affiliates, high-performance server, visualization, and storage solutions provider (Bankr. S.D.N.Y.), 501; first amended joint reorganization plan filed, disclosure statement approved, 1380
– Silver State Bancorp (Bankr. D. Nev.), 61
– 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
– S&K Famous Brands Inc., menswear retailer (Bankr. E.D. Va.), 226
– Smurfit-Stone Container Corp. and subsidiaries, integrated containerboard and corrugated packaging producer (Bankr. D. Del.), 123; debtor-in-possession financing approved, 255
– 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
– Spansion Inc. and affiliates, flash memory solutions provider (Bankr. D. Del.), 330
– Special Devices Inc., automotive occupant protection systems product manufacturer (Bankr. D. Del.), 10
– Spectrum Brands and subsidiaries, consumer products supplier (Bankr. W.D. Tex.), 188; emergence announced, 1294
– Stallion Oilfield Holdings Ltd. and affiliates, oilfield services firm (Bankr. D. Del.), 1525
– Strategic Resource Acquisition Corp. and subsidiary, mining firm (Bankr. M.D. Tenn.), 159
– Sun-Times Media Group Inc. and affiliates, newspaper and online site operator (Bankr. D. Del.), 465; Chicago Newspaper Guild members reject concessions to meet prospective buyer demands, 1337; sale approved after concessionary labor contract ratified, 1458
– TallyGenicom LP, quality printing solutions provider (Bankr. D. Del.), 159
– Tarragon Corp. and affiliates, residential real estate developer (Bankr. D.N.J.), 92
– Tavern on the Green Limited Partnership and affiliate, independently-run restaurant (Bankr. S.D.N.Y.), 1299
– Taylor, Bean & Whitaker Mortgage Corp. (Bankr. M.D. Fla.), 1254
– Telemetrix Inc. and Convey Communications Inc., wireless communication operators (Bankr. D. Colo.), 10
– The Kirk Corp., home builder (Bankr. N.D. Ill.), 684
– The Parent Co. and subsidiaries, eCommerce and eContent provider for families (Bankr. D. Del.), 37
– Thelen LLP, law firm, Ch. 7 (Bankr. S.D.N.Y.), 1381
– Thiele Manufacturing LLC dump truck bed and body builder (Bankr. W.D. Pa.), 10
– Thornburg Mortgage Inc. and affiliates, real estate investment trust (Bankr. D. Md.), 643
– Transmeridian Exploration Inc., oil production holding company (Bankr. S.D. Tex.), 440; first amended joint liquidation plan confirmed, 1183
– Trident Resources Corp. and affiliates, natural gas exploration and development firm (Bankr. D. Del.), 1298
– Triple Crown Media Inc. and affiliates, community newspaper publisher (Bankr. D. Del.), 1382
– Tronox Inc. and subsidiaries, titanium dioxide pigment producer and marketer (Bankr. S.D.N.Y.), 93; lead plaintiff named in securities fraud class action charging misleading statements on environmental liabilities (S.D.N.Y.), 1521
– True Temper Sports Inc. and affiliates, golf shaft maker (Bankr. D. Del.), 1488
– Trump Entertainment Resorts Inc. and subsidiaries (Bankr. D.N.J.), 223; second amended and restated joint reorganization plan filed, 1460
– TXCO Resources Inc. and subsidiaries, independent oil and gas enterprise (Bankr. W.D. Tex.), 726
– U.S. Shipping Partners LP and affiliates, long-haul marine transportation services provider for petroleum and other chemical products (Bankr. S.D.N.Y.), 607; third amended joint reorganization plan confirmed, 1459
– Velocity Express Corp. and affiliates, time definite regional delivery solutions provider (Bankr. D. Del.), 1421
– Vineyard Natl. Bancorp, bank holding firm (Bankr. C.D. Cal.), 1107
– Visteon Corp. and affiliates, global automotive components supplier (Bankr. D. Del.), 770
– WL Homes LLC and affiliates, private high volume home builder (Bankr. D. Del.), 294
– Young Broadcasting Inc. and affiliates, television station owner (Bankr. S.D.N.Y.), 260

FINANCIAL INSTITUTIONS

See BANKING
– FDIC

See FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)

FOOD

See also RESTAURANTS
– Archway Cookies granted permission to convert Ch. 11 case to Ch. 7 (Bankr. D. Del.), 89; unsecured creditors file adversary proceeding for fraud, 153
– Chapter 7 filings

– – Growers Direct Coffee Co., distributor and marketer of whole green-bean coffee (Bankr. D. Nev.), 293
– – Peanut Corp. of Am., peanut processing company and maker of peanut butter for bulk distribution (Bankr. W.D. Va.), 259

– Chapter 11 filings

– – ARG Enterprises Inc. and affiliates, restaurant operator (Bankr. D. Del.), 125
– – BI-LO LLC and affiliates, supermarket operator (Bankr. D.S.C.), 440
– – Bruno's Supermarkets LLC (Bankr. N.D. Ala.), 189; motion to reject collective bargaining agreements filed, 328; asset sale to Southern Family Markets approved, 641
– – Constar Intl. Inc. and subsidiaries, plastic food and beverage container producer (Bankr. D. Del.), 36
– – Merisant Worldwide Inc. and affiliates, tabletop sweetener producer (Bankr. D. Del.), 92

– Failure to disclose other ownership interests, restaurant owner indicted (M.D. Tenn.), 1377
– Great Circle Family Foods, Krispy Kreme franchisee second amended plan confirmed (Bankr. C.D. Cal.), 1062
– Hale-Halsell Co. did not violate WARN Act with quick layoff of 200 workers, summary judgment proper (10th Cir.), 154
– Independencia SA, Brazilian beef and leather producer files for Ch. 15 protection (Bankr. S.D.N.Y.), 331
– Interstate Bakeries Corp. emerges from Ch. 11 protection (Bankr. W.D. Mo.), 187
– Mother's Cake and Cookie Co. plan, PBGC takes control, 974
– 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
– Pilgrim's Pride Corp.

– – Debtor-in-possession financing, chicken processing plant and prepared-foods facilities operator receives approval (Bankr. N.D. Tex.), 35
– – Workers file ERISA class action re lost stock investments (E.D. Tex.), 85

– Tom's Foods terminated plan, PBGC intervenes in civil class action to recover lost investment (M.D. Ga.), 929
– Wolverine Proctor & Schwartz trustee settlement with PBGC approved (Bankr. D. Mass.), 636

FORECLOSURES

– Alternatives, Treasury official says new TARP program coming, 1536
– Assistance program, Obama announces plan, 211
– Automatic stay, fair value (U.S., rev sought), 1324
– Cal. lenders must stop proceedings under new law, 272; governor signs 8 bills into law, 1471
– Cities to use laws and purchase power to pressure banks, officials say, 989
– Civil disobedience part of push to stop foreclosures and evictions, Special Report, 239
– Congressional Outlook 2009, Special Report, 135; 139
– Cramdown, Senate panel considers option to help struggling homeowners, 1065
– Crisis threatens to deepen, Durbin (D-Ill) says, 1113
– Fannie Mae and Freddie Mac, suspension of activities extended until end of Jan., 67
– Fed releases prevention policy initiative, 164
– Foreclosed owners, Tex. attorney general and Countrywide set up modification program (Tex. Dist. Ct.), 235
– Ill. lawmakers back grace period for homeowners facing foreclosure, 102
– Increase in mortgage modifications noted but foreclosures and delinquencies also rise, report shows, 1430
– Judicial modification of mortgages

– – Existing loans, Frank (D-Mass) to renew effort to allow, 1300
– – Power needed to address 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

– Lender legal fees, mortgage contract provision saying borrower must pay to stall action proper (Ohio), 272
– Lower rates found in states with strong predatory lending laws, UNC study shows, 1468
– Mitigation plan would standardize asset values and make mortgage workouts routine, HUD Secretary says, 267
– Moratorium on home foreclosures, Ohio House passes, 738
– Mortgage restructuring firm engaged in unauthorized practice of law by trying to work out settlements on behalf of homeowners (Ohio), 1314
– N.C. prevention measure signed into law, 1313
– Prevention effort impeded by lack of hard mortgage data, report says, 341; modification guidelines, Treasury releases, 342; second liens, guidance to be issued, Treasury says, 508; modification program to be expanded, 690; efforts must speed up, Senate panel says, 1030
– Prevention legislation

See LEGISLATION, FEDERAL, S 896

– Prime loans show increase, federal regulators report, 475
– Rate of activity significantly higher than same time last year, report says, 1501
– Rescue scams

– – Advance fees, FTC considering ban, 1353
– – Deceiving homeowners, operators settle charges (N.D. Ill.), 619
– – 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
– – FinCEN made referrals to law enforcement agencies, Geithner says, 691
– – Fla. attorney general closes Tampa firm under new fraud law, 236
– – Mortgage lender reaches settlement with FTC shutting down operation (M.D. Fla.), 1224
– – Operation Loan Lies, coordinated enforcement effort leads to 189 actions, 1037
– – Straw buyer scheme, operators sentenced (S.D.N.Y.), 1034

– Servicer rescue effort improved, disclosure of reasons for denials expected, Treasury official says, 1312
– State laws, most favor mortgage holders, report says, 306
– Tax consequences, Analysis and Perspective, 274

FORFEITURE

– Accounting fraud, jewelry firm CEO sentenced, forfeiture ordered (E.D.N.Y.), 641

FRAUD

– Accounting scheme, jewelry firm CEO sentenced, forfeiture ordered (E.D.N.Y.), 641
– Commodity forward agreement may qualify as swap agreement exempt from trustee avoidance powers (4th Cir.), 251
– Corporate insider sentence and restitution affirmed (7th Cir.), 152
– Debt collection, complaints rising in weak economy, officials say, 346
– Debt settlement

– – Firm owner jailed after refusal to follow court order to cease operations, return funds to defrauded clients (Md. Cir. Ct.), 1165
– – N.Y. Atty. Gen. wins judgment against Ariz. firm that defrauded N.Y. customers (N.Y. Sup. Ct.), 1502

– Failure to disclose other ownership interests, restaurant owner indicted (M.D. Tenn.), 1377
– Financial fraud, FDIC chief calls for federal and state crackdown, 303; housing downturn contributes to 36 percent spike, FBI says, 987
– Fraudulent transfers

See FRAUDULENT TRANSFERS

– Homestead exemption, conversion of nonexempt assets to exempt assets on eve of bankruptcy, fraud not shown (B.A.P. 8th Cir.), 13
– Mortgages

See MORTGAGES

– Operation Short Change, federal/state effort to crack down on fraud launched, 946
– Qwest Communications Intl. execs face suit by investment companies that opted out of settlement (D. Colo.), 186
– 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
– Res judicata (U.S., rev sought), 386; (rev den), 628
– 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
– Securities

See SECURITIES FRAUD

– Sentinel Mgmt. liquidation trustee files suit against auditors re role in firm misconduct (Ill. Cir. Ct.), 1210
– Williams Cos. properly granted summary judgment on fraud claims (10th Cir.), 290

FRAUDULENT TRANSFERS

– Asarco LLC, compensatory damages awarded given transfer of holdings by former owner (S.D. Tex.), 462
– Creditor judgment, transfer to defeat (U.S., rev sought), 486; (rev den), 706
– Debtor disclaimer in trust property not fraudulent transfer (9th Cir.), 228
– Home builder, loans received pre-petition avoided as fraudulent (Bankr. S.D. Fla.), 1483
– Homestead exemption, property transferred and voluntarily reconveyed pre-petition may not be denied (1st Cir.), 503
– Ponzi scam, receiver for entities involved may sue sales agent under Utah Fraudulent Transfer Act (D. Utah), 737
– Promissory note installment payments not preferential transfers, transfer claims improperly barred (B.A.P. 6th Cir.), 83
– Property taxes and expenses, transfer after payment voidable (B.A.P. 8th Cir.), Case in Brief, 411
– Receiver may not avoid and recover absent showing that receivership entities are creditors of debtor (S.D. Fla.), 1433
– Ruth Madoff faces suit by trustee (Bankr. S.D.N.Y.), 1102
– Wall Street transfers, judges discuss, 1539

FREDDIE MAC

See GOVERNMENT-SPONSORED ENTERPRISES (GSEs)

FREEDOM OF SPEECH

– BAPCPA 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 not violated (5th Cir.), 38; (U.S., rev sought), 486
– – Free speech rights of lawyers violated (U.S., rev sought), 386; related case (rev sought), 514

FTC

See FEDERAL TRADE COMMISSION (FTC)