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Vol. 21, Nos. 1 - 26, pp. 1 - 914 Jan. 1 -- June 25, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
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
– Business manager for school not responsible party (Bankr. D. Minn.), Case in Brief, 613
– Student loans
See STUDENT LOANS
– Accounting fraud
– – Jewelry firm CEO sentenced, forfeiture ordered (E.D.N.Y.), 641
– – National Century Fin. Enters. execs sentenced (S.D. Ohio), 498 – Bernard L. Madoff Investment Securities LLC
– – Criminal charges filed, guilty plea expected (S.D.N.Y.), 345; guilty plea entered, 379; sentencing delayed, 679
– – Customers file involuntary Ch. 7 petition against Madoff personally (Bankr. S.D.N.Y.), 496 – – East River Management plan, PBGC takes control, 86 – – Feeder fund investors, court may consider request to include in SIPC relief (S.D.N.Y.), 42 – – Feeder fund manager faces suit by trustee re withdrawal of nonexistent principal (Bankr. S.D.N.Y.), 638 – – Fiduciary breach cases could take years and leave big mark on law, attorneys say, Special Report, 621 – – Madoff agrees to injunction, SEC gains approval of partial judgment (S.D.N.Y.), 235; permanent bar from industry imposed, 908 – – Phantom returns, trustee seeks to recover from investors without net loss, 559; investors object to trustee calculation of claims (Bankr. S.D.N.Y.), 838 – – Preferential payments, trustee settles with investment funds (S.D.N.Y.), 721 – – SIPC chief promises relief from losses to customers with legal claim, 402 – – Small business sues to recover money wired days before Madoff arrest (S.D.N.Y.), 42; stipulation to set funds aside approved, 121 – – Tax consequences of investments, questions raised at meeting with trustee, 270; practitioners encourage investors to claim full amount of 2008 losses with IRS, 309; theft loss safe harbor, most victims using, IRS official says, 680 – – Tax information returns, liquidation trustee will not release, 186 – – Tax refund request and theft loss deduction may be ways to recoup losses, lawyer says, 380 – – Trustee finds no trades on customers' behalf and no separation between brokerage and advisory business, 253 – – Unregistered investment adviser faces suit by trustee re high false profits (Bankr. S.D.N.Y.), 601; hedge fund and investor/lawyer face separate suits, 679 – Class action filings surge in wake of subprime and credit crises, Stanford Law School report shows, 71 – Congressional Outlook 2009, Special Report, 132; 135 – Continuity of interest, corrections to new rules issued, News Brief, 11 – Customer protection rules, SEC rethinking after Lehman collapse, official tells conferees, 343 – Dana Corp., fiduciary duty breach claim naming former officials properly dismissed (6th Cir.), 122 – Debt arising out of violation of federal laws nondischargeable (C.D. Cal.), 797 – Derivatives
– – Credit-default swaps should be banned, Soros tells conferees, 864
– – Market, Geithner seeks legislation giving authority over to SEC and CFTC, 694 – Employee profit sharing plan participant failed to show entitlement as SIPA customer, claims properly denied (N.D. Ohio), 94 – Enron Corp.
– – Conspiracy and fraud, CEO Skilling properly convicted, resentencing ordered (5th Cir.), 86
– – JP Morgan shareholder suit dismissed for failure to show intent to defraud (2d Cir.), 156 – Insider trading, Countrywide CEO faces SEC charges (C.D. Cal.), 812 – 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 – Lying to investors, retirement home operator and CEO charged, asset freeze sought (D. Or.), 327 – Mirant. Corp. investor class action dismissed (N.D. Ga.), 123 – Noncompliance with registration requirements, fraud, disregard of bankruptcy plan (U.S., rev sought), 579; (rev den), 784 – Overview of pending bills, chart
– – Derivatives, 541
– – Securitizations, 544 – Plan assets invested in company stock, Smurfit-Stone employees file class action against fiduciaries (N.D. Ill.), 766 – Ponzi schemes
– – Receiver fee request excessive (S.D.N.Y.), 69
– – Receiver for entities involved may sue sales agent under Utah Fraudulent Transfer Act (D. Utah), 737 – – Victims may treat loss as investment theft and use safe harbor to file, IRS announces, 418 – Reserve Mgmt. Co. faces fraud charges re redemption requests (Mass. Sec. Div.), 85 – Revenue recognition scheme, solar power execs agree to fine (D.D.C.), 366 – 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 – Whistleblowers, bankrupt firm's SOX liability upheld, retaliatory discharge award recalculated (DOL ARB), 366 – Williams Cos. properly granted summary judgment on fraud claims (10th Cir.), 290
– Fraud, corporate insider sentence and restitution affirmed (7th Cir.), 152
– 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
– Clean Water Act violations, Atlantic Wire pleads guilty and reaches civil settlement (Conn. Super. Ct.), 34
– 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
– Samsun Logix Corp., shipping and trading firm files for Ch. 15 protection (Bankr. S.D.N.Y.), 372
– Armada (Singapore) Pte. Ltd., international dry bulk transport solutions provider files for Ch. 15 protection (Bankr. S.D.N.Y.), 91
– Employment tax debt major bankruptcy cause, conferees told, 678
– Owners and workers facing closure and job loss, union to set up hotline to aid, 698
See KOREA
– Madoff-related fiduciary breach cases could take years and leave big mark on law, attorneys say, 621
– TARP, civil disobedience part of push to stop foreclosures and evictions, 239
– Chapter 11 filings
– – AGT Crunch Acquisition LLC and affiliates, fitness firm (Bankr. S.D.N.Y.), 642
– – Six Flags Inc. and affiliates, amusement park operator (Bankr. D. Del.), 844 – Rejection of boxer's promotional agreement was breach of executory contract (C.D. Cal.), 182
– 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 – Involuntary bankruptcy, lawyer never hired by debtor may not appeal orders (D.V.I.), 32 – Refco fraud, litigation trustee may not bring suit against alleged aiders and abettors (S.D.N.Y.), 601
– Generally
– – Authority over lending, attorneys general call on Obama to restore, 378
– – Congressional Outlook 2009, Special Report, 139 – – Foreclosure proceedings, most state laws favor mortgage holders, report says, 306 – – 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
– – 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
– – Phoenix Coyotes hockey team owners hope to move to Canada and sell team (Bankr. D. Ariz.), 762
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839
– – 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
– – Bank of America 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 – – County Bank and Alliance Bank put under FDIC receivership, 198 – – Foreclosures, lenders must stop proceedings under new law, 272 – – Lifelock fraud alerts violate FCRA policy and state unfair competition law (C.D. Cal.), 816 – – 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 – – United Airlines settles ADA claims by San Francisco airport employees (N.D. Cal.), 464
– – 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
– – Clean Water Act violations, Atlantic Wire pleads guilty and reaches civil settlement (Conn. Super. Ct.), 34
– – Tax amnesty, DRS posts information re upcoming program, 382
– – 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
– – Congressional Outlook 2009, Special Report, 139
– – FirstBank Financial Services put under FDIC receivership, 198
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839
– – 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 – – 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 – – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839
– – 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 – – 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
– – Big Dig contractor admits false statements re workmanship quality, charges re tunnel ceiling collapse dropped in guilty plea (D. Mass.), 640
– – Congressional Outlook 2009, Special Report, 139 – – Goldman Sachs promises money to help subprime borrowers restructure loans, attorney general says, 656 – – Reserve Mgmt. Co. faces fraud charges re redemption requests (Mass. Sec. Div.), 85
– – 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
– – 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
– – 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
– – 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
– – Congressional Outlook 2009, Special Report, 139
– – Lehman Brothers Holdings Inc. execs face lawsuit re state pension fund losses (N.J. Sup. Ct.), 397 – – W.R. Grace pollution reporting, N.J. suit stayed during bankruptcy proceedings (D. Del.), 432
– – Superfund, electronics manufacturer liable for cleanup costs at N.M. site (6th Cir.), 598
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839
– – 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 – – IRS private debt collection program, state lawmakers seek reversal of decision to end, 340 – – Mortgage discrimination, settlements reached, new case filed, 44
– – 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 – – 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
– – 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
– – 4 bank failures announced, FDIC deposit insurance fund loses millions, 234
– – Wireless card service agreement arbitration clause waiving class actions unconscionable (9th Cir.), 508
– – Congressional Outlook 2009, Special Report, 139
– – Credit counseling, licensing exemption applies only to lawyers licensed in state (S.C.), 739
– – 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
– – 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 – – 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 – – 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
– – 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
– – Superfund, settlements reached re 54 remaining Asarco waste sites (Bankr. S.D. Tex.), 432; court approves, 839
– Collateral estoppel bars relitigation of timeliness of state court action (S.D. Fla.), 815
– Owens Corning employee suit against fiduciaries and trustee may not proceed (N.D. Ohio), 34
– 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
– – Plan completion under Ch. 13 not required for issue to be ripe (9th Cir.), 469
– Owens Corning employee suit against fiduciaries and trustee may not proceed (N.D. Ohio), 34
– Bush administration lending policy factor in explosion of low-income loans, OECD reports, 100
– Community Reinvestment Act lenders made fewer bad loans than traditional lenders, study shows, 233 – 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 – State St. Bank and Trust faces suit by Catholic group re losses (S.D.N.Y.), 537
See ENVIRONMENT
See generally FOOD
– 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 – 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 – Automatic stay, attempt to collect attorneys' fees from bankruptcy estate (rev den), 106 – 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
– – Free speech rights of lawyers not violated (rev sought), 486 – Civil contempt
– – Debtor incarceration (rev sought), 784
– – Habeas corpus (rev sought), 48; (rev den), 106 – 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 – Creditor judgment, fraudulent transfer to defeat (rev sought), 486; (rev den), 706 – Difference between claimed and appraised value does not allow trustee to sell exempt personal property (rev grant), 565 – 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 – Fraud
– – Res judicata (rev sought), 386; (rev den), 628
– – Securities, noncompliance with registration requirements, disregard of bankruptcy plan (rev sought), 579; (rev den), 784 – Jury trial, scope of right (rev sought), 354 – Justice, Sotomayor nominated to replace Souter, 713; nominee has ruled on several bankruptcy issues, 713 – Projected disposable income, calculation (rev sought), 244 – Remand after refusal of pendent jurisdiction reviewable (rev sought), 579 – Retrial barred after mixed verdicts on charges with shared essential elements (rvs and rem), 85:409 – 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
– – 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
– 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
– Lehman Bros. Finance AG files Ch. 15 petition for recognition of foreign main proceeding, Ch. 11 case dismissed (Bankr. S.D.N.Y.), 361
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