Bankruptcy Law Reporter Index-Summary

REAL ESTATE

– Automatic stay protects owner against county tax claim bureau objections to petition to sell (M.D. Pa.), Case in Brief, 230
– Chapter 11 filings

– – Cabi Downtown LLC, Miami-based luxury condominium developer (Bankr. S.D. Fla.), 1215
– – Capmark Fin. Group Inc. and affiliates, finance firm (Bankr. D. Del.), 1523
– – Fairchild Corp. and affiliates, aerospace, real estate, and motorcycle apparel firm (Bankr. D. Del.), 404
– – 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
– – ILX Resorts Inc. and affiliates, timeshare developer (Bankr. D. Ariz.), 331
– – Meruelo Maddux Properties and subsidiaries, real estate firm (C.D. Cal.), 441
– – Royce Intl. Investment Co., developer (Bankr. C.D. Cal.), 159
– – Sheldon Good & Co. and affiliates, auction firm (Bankr. S.D.N.Y.), 606
– – Tarragon Corp. and affiliates, residential developer (Bankr. D.N.J.), 92
– – Thornburg Mortgage Inc. and affiliates, real estate investment trust (REIT) (Bankr. D. Md.), 643

– Commission earned pre-petition but paid post-petition is property of Ch. 7 estate (D.S.D.), 1219
– Crop land rent due 2 days post-petition entitled to administrative expense status (B.A.P. 8th Cir.), 890
– Debtor lack of effort to sell property does not prevent conversion from Ch. 11 to Ch. 7 (D. Conn.), 841
– East River Management plan, PBGC takes control, 86
– Effect of economic crisis, conferees discuss, 479
– Failure to protect data and verify client ID, FTC settles charges with tenant screening services firm (D. Minn.), 347
– General Growth Properties bankruptcy, effects, Analysis and Perspective, 1360; effects on complex real estate deals, Analysis and Perspective, 1397
– Homestead exemptions

See HOMESTEAD EXEMPTION

– Intentional interference with business expectancy, nondebtor entity complaint properly dismissed (B.A.P. 8th Cir.), 1138
– LandAmerica Fin. Group plan, PBGC takes control, 640
– Landfill lease, termination (U.S., rev sought), 1090; (rev den), 1444
– Lease and subsequent amendment are single contract (S.D.N.Y.), 1332
– Lender failure to perfect interest in manufactured home must yield interest to trustee as judgment lien creditor (B.A.P. 6th Cir.), 1423
– Lost interest, calculation under Real Estate Settlement Procedures Act (U.S., rev sought), 1090; (rev den), 1444
– Market recovery, little expected in next 3 years, experts tell Congress, 986
– Mobile homes

– – Ch. 13 plan may modify rights of creditor holding security interest (W.D. La.), 126
– – Security agreement with bank covers home affixed to land, plan properly confirmed (M.D. Ga.), 193
– – Unattached home and acreage, debtors may cram down secured creditor interest (6th Cir.), 646

– Mortgages

See MORTGAGES
– – Subprime loans

See SUBPRIME LENDING

– Non-defaulted discharged debt, collection efforts not actionable under FDCPA (D. Colo.), 1111
– Post-petition rent, court may modify prospective application of equitable subordination order (8th Cir.), 1013
– Residential property lien, Ch. 13 debtors with insufficient equity can void (D. Md.), 1302
– Taxation

– – Disallowance of various deductions proper (5th Cir.), Case in Brief, 254
– – Federal tax lien, debtor may strip from property (W.D. Pa.), Case in Brief, 505
– – Post-petition taxes, proof of claim allowed (Bankr. N.D. Ohio), 1218
– – Property taxes and expenses, transfer after payment voidable as fraudulent (B.A.P. 8th Cir.), Case in Brief, 411

– Tenancy by entireties, trustee cannot separate debtor interest in property held as (E.D. Mich.), 229
– Transfer free and clear, property cannot be subject of surcharge and lien (5th Cir.), 495
– U.S. Trustee, motion to appoint trustee for real estate firm denied since responsible person overseeing case (C.D. Cal.), 1484

RECEIVERSHIP

– Documents seized by civil receiver admissible in criminal prosecution (5th Cir.), 736
– Financial institutions, conservatorship/receivership or bankruptcy, CRS report released, 557
– Fraudulent transfers, receiver may not avoid and recover absent showing that receivership entities are creditors of debtor (S.D. Fla.), 1433
– Investigative database funded by receivership assets, government granted access (D. Minn.), 1035
– Ponzi scam, receiver for entities involved may sue sales agent under Utah Fraudulent Transfer Act (D. Utah), 737
– Stanford Group CFO pleads guilty re role in Ponzi scheme (S.D. Tex.), 1263

RECREATION

See SPORTS AND RECREATION

RELIGIOUS INSTITUTIONS

– Catholic Diocese of Wilmington files for Ch. 11 protection (D. Del.), 1487
– Subprime lending-related losses, State St. Bank and Trust faces suit by Catholic nonprofit (S.D.N.Y.), 537

RES JUDICATA

– Asset sale order (U.S., rev sought), 278; (rev den), 628
– Counsel for trustee, denial of compensation (U.S., rev sought), 666; (rev den), 876
– Creditor post-confirmation amendment to original claim properly barred (M.D. Fla.), 521
– Fraud (U.S., rev sought), 386; (rev den), 628

RESTAURANTS

See also FOOD
– Chapter 11 filings

– – ARG Enterprises Inc. and affiliates, restaurant operator (Bankr. D. Del.), 125
– – Tavern on the Green Limited Partnership and affiliate, independently-run restaurant (Bankr. S.D.N.Y.), 1299

– Discrimination

– – EEOC sexual harassment lawsuit against restaurant, decree resolving approved (S.D. Cal.), 1179
– – Race and sex bias, settlement approved in EEOC suit against restaurant (W.D. Ky.), 892
– – Rescission of job offer because of applicant's earlier bankruptcy, no violation of rights by restaurant (M.D. Fla.), 1528

RETAIL INDUSTRY

– Chapter 11 filings

– – Crabtree & Evelyn Ltd., bath, body, and home care products developer and retailer (Bankr. S.D.N.Y.), 934
– – 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
– – Escada (USA) Inc., luxury retailer (Bankr. S.D.N.Y.), 1184
– – 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
– – Fortunoff Holdings LLC, department store and specialty retailer (Bankr. S.D.N.Y.), 188; liquidators reach agreement to honor gift cards, 291
– – 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
– – Gottschalks Inc., regional department store chain (Bankr. D. Del.), 90
– – KP Fashion (Bankr. S.D.N.Y.), 60
– – Recycled Paper Greetings Inc., greeting card producer (Bankr. D. Del.), 60
– – Ritz Camera Centers Inc., photography and boating retailer (Bankr. D. Del.), 256
– – Samsonite Company Stores LLC, luggage and related products retailer (Bankr. D. Del.), 1297
– – S&K Famous Brands Inc., menswear retailer (Bankr. E.D. Va.), 226

– 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
– Effect of economic crisis, conferees discuss, 479
– Fortunoff Fine Jewelry & Silverware plan, PBGC takes control, 893
– Frequently litigated issues, judges discuss at conference, 1435
– Nutritional Sourcing Corp. liquidation plan confirmed (Bankr. D. Del.), 1379
– PBGC termination premiums, Oneida bankruptcy did not erase (2d Cir.), 493; PBGC victory will make distress terminations more expensive, Analysis and Perspective, 660; (U.S., rev sought), 1544
– Recovery stalled until mid-2010, experts tell conferees, 323
– Sleepy's to acquire 1800mattress.com, businesses to join, 438
– Spectrum Brands Inc. plan confirmed, DIP financing announced (Bankr. W.D. Tex.), 932

RETIREMENT

– Exempt retirement income, refunds from overpayment remain exempt (Utah), Case in Brief, 163
– PBGC

See PENSION BENEFIT GUARANTY CORPORATION (PBGC)

– Pensions

See PENSIONS

– Plans not exempt (9th Cir.), Case in Brief, 938

RUSSIA

– Insolvent firms may not shake off tax liabilities, 219
– Legal obligations of banks in bankruptcy and tax cases, court issues guidance, 1182
– Taxation

– – Regulations on bankruptcy-related proceedings approved, 1212
– – Value-added tax-related accounting regulations, agency issues guidance, 1266