Bankruptcy Law Reporter Index-Summary

TARP

See TROUBLED ASSET RELIEF PROGRAM (TARP)

TAXATION

– Automatic stay protects property owner against county tax claim bureau objections to petition to sell (M.D. Pa.), Case in Brief, 230
– Bankruptcy court cannot hear tax claim after discharge received (D.R.I.), 1153
– Bernard L. Madoff Investment Securities LLC

– – Investments, questions raised re tax consequences 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; safe harbor process expected to go smoothly, 1264
– – Tax information returns, liquidation trustee will not release, 186

– Cancellation of indebtedness income deferral, incorporation into state tax scheme, Analysis and Perspective, 992
– Collection activity, taxpayers in bankruptcy not always protected, TIGTA reports, 301
– Delinquent Ala. taxpayers granted reprieve from criminal prosecution, 201
– Disallowance of various deductions proper (5th Cir.), Case in Brief, 254
– Distressed investments, tax considerations, Analysis and Perspective, 1228
– Divorce-related mortgage and tax debts, dischargeability must be reconsidered (Ind. Ct. App.), 265
– Employee benefit plan, testimony re tax qualification properly excluded (5th Cir.), 301
– Employment tax debt major bankruptcy cause for smaller businesses, conferees told, 678
– Exempt retirement income, refunds from overpayment remain exempt (Utah), Case in Brief, 163
– Failure to report income, tax refund request denied (Fed. Cl.), Case in Brief, 1026
– Foreclosures, tax consequences, Analysis and Perspective, 274
– Frivolous return penalties nondischargeable (B.A.P. 10th Cir.), Case in Brief, 938
– Hospital CEO must pay willfully withheld payroll taxes (M.D. Fla.), 1144
– Income tax due on farm sale of hogs before Ch. 12 filing is unsecured claim (8th Cir.), 1373
– Indebtedness tax, LSTA lauds stimulus language deferring cancellation, 269
– Insolvent firms, Russia will not allow shake off of tax liabilities, 219
– IRS

See INTERNAL REVENUE SERVICE (IRS)

– JK Harris & Co. faces suit for misrepresenting skills and services (Tex. Dist. Ct.), 537
– Lehman Brothers Holdings Inc., N.Y. City seeks local taxes (Bankr. S.D.N.Y.), 1136
– Limited partner may not discharge partnership liabilities in personal bankruptcy (5th Cir.), 529
– Net operating loss reduction, insolvent Ill. taxpayer liability must reflect, 200
– Outstanding tax debts, Fla. to assess administrative fee, 1036
– PBGC settlement, contributions made during are specified liability losses (3d Cir.), 889
– Post-petition real estate taxes, proof of claim allowed (Bankr. N.D. Ohio), 1218
– Property division, divorce, deduction for child dependence, discharge (U.S., rev den), 106
– Property tax payments to local government, suit to recover properly dismissed (S.D.N.Y.), 1058
– Property taxes and expenses, transfer after payment voidable as fraudulent (B.A.P. 8th Cir.), Case in Brief, 411
– Russian government approves regulations on bankruptcy-related proceedings, 1212
– Self-insurers' fund, debtor obligation not excise tax (9th Cir.), 636
– State taxes properly discharged (9th Cir.), 1217
– Superfund, environmental group seeks reinstatement of polluter-paid tax, 401; Blumenauer (D-Or) supports reauthorization, 1019
– Tax amnesty, Conn. DRS posts information re upcoming program, 382
– Tax collection

– – N.Y. voluntary disclosure program will generate millions, state says, 1394
– – Taxpayer Advocate urges flexibility re delinquent low-income taxpayers, 1393
– – Va. late taxpayer amnesty program will waive penalties and halve interest charges, 1395

– Tax debt

– – Broken promise to repay prevents reinstatement of suspended lawyer (Okla.), 806
– – Italy approves new rules allowing restructuring before bankruptcy, 58

– Tax evasion, conviction of lawyer affirmed (9th Cir.), Case in Brief, 1424
– Tax liens

– – Automatic stay, lien filing did not violate (S.D.W. Va.), Case in Brief, 1465
– – Creditor interest rate restored (S.D. Tex.), Case in Brief, 1465

– Tax refunds

– – Kan. food sales refund properly excluded from debtor estate (Bankr. D. Kan.), Case in Brief, 1465
– – Pre-petition interest valued using pro-rata by days approach (S.D. Ill.), 1424

– Tax returns

– – Failure to file warranted conversion from Ch. 13 to Ch. 7 (B.A.P. 1st Cir.), Case in Brief, 1188
– – Failure to produce, denial of bankruptcy petition proper (D.S.C.), Case in Brief, 302

– Traceable exempt income, tax refunds may be withheld (B.A.P. 10th Cir.), 300
– Unpaid taxes, bankruptcy case of debtor owing millions properly dismissed (7th Cir.), 530
– Value-added tax-related accounting regulations, Russian agency issues guidance, 1266

TECHNOLOGY

– Chapter 11 filings

– – Asyst Techs., integrated automation solutions provider, Japanese subsidiaries also enter related voluntary proceedings in Japan (Bankr. N.D. Cal.), 561
– – Aviza Tech. Inc. and affiliates, advanced semiconductor capital equipment and process technologies supplier (Bankr. N.D. Cal.), 846
– – 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
– – Butler Servs. Intl. Inc. and affiliates, engineering and technical outsourcing services provider (Bankr. D. Del.), 801
– – Fairchild Corp. and affiliates, aerospace, real estate, and motorcycle apparel firm (Bankr. D. Del.), 404
– – Nanogen Inc. and affiliates, molecular and rapid diagnostic products developer (Bankr. D. Del.), 725
– – Spansion Inc. and affiliates, flash memory solutions provider (Bankr. D. Del.), 330

– Qimonda AG, German microchip manufacturer to close plant, News Brief, 226; U.S. subsidiaries file for Ch. 11 protection (Bankr. D. Del.), 293
– Syntax-Brillian Corp. second amended liquidating plan confirmed (Bankr. D. Del.), 973

TELECOMMUNICATIONS

– Chapter 11 filings

– – Charter Communications Inc. and affiliates, broadband communications firm and cable operator (Bankr. S.D.N.Y.), 439
– – Metromedia Intl. Group Inc., telecom firm (Bankr. D. Del.), 935
– – 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
– – Primus Telecommunications Group Inc. and affiliates (Bankr. D. Del.), 369
– – Telemetrix Inc. and Convey Communications Inc., wireless communication operators (Bankr. D. Colo.), 10

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

See INTERNET

– Nortel Networks files objection to IRS proofs of claim (Bankr. D. Del.), 1335
– Qwest Communications Intl. execs face fraud suit by investment companies that opted out of settlement (D. Colo.), 186
– Tower plot lease, suit against telecom firms transferred to district where bankruptcy filed (D. Neb.), 117
– Wireless card service agreement arbitration clause waiving class actions unconscionable (9th Cir.), 508
– WorldCom Inc., IRS excise tax claim improperly denied (S.D.N.Y.), 1137

TELEVISION

– Chapter 11 filings

– – 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
– – Young Broadcasting Inc. and affiliates, television station owner (Bankr. S.D.N.Y.), 260

TEXTILES

– Dan River Inc. plan, PBGC takes control, 931
– Linens Holding Co. third amended plan confirmed (Bankr. D. Del.), 932

THEFT

– Employee benefit plan, testimony re tax qualification properly excluded (5th Cir.), 301
– Identity theft

See IDENTITY THEFT

THRIFT SUPERVISION OFFICE (OTS)

– Congressional Outlook 2009, Special Report, 132
– Credit card regulatory reforms, Fed, OTS, and NCUA action may signal broader action, Congress members say, 19

TILA

See TRUTH IN LENDING ACT (TILA)

TOYS AND GAMES

– The Parent Co. and subsidiaries, eCommerce and eContent provider for families files for Ch. 11 protection (Bankr. D. Del.), 37

TRANSPORTATION

– Airlines

See AIR TRANSPORTATION

– Armada (Singapore) Pte. Ltd., international dry bulk transport solutions provider files for Ch. 15 protection (Bankr. S.D.N.Y.), 91
– Automobiles

See MOTOR VEHICLES

– Chapter 11 filings

– – 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

– EEOC cannot seek relief on behalf of employees who filed for bankruptcy without disclosing sexual harassment claim (N.D. Iowa), 805

TREASURY DEPARTMENT

– Auto parts manufacturer groups seek bridge loan, 233
– Banking regulatory system, ending “too big to fail” takes global effort, Treasury official says, 1427
– Congressional Outlook 2009, Special Report, 132
– Consumer Financial Protection Agency, official urges Senators to support, 981; further developments, see LEGISLATION, FEDERAL, HR 3126
– Fannie Mae and Freddie Mac, public-utility type of company may be best replacement option, Paulson says, 67
– Fannie Mae seeks additional capital to restore net worth, 1158
– Foreclosures, servicer rescue effort improved, disclosure of reasons for denials expected, Treasury official says, 1312
– Morgan Stanley repurchases TARP warrants issued to government, 1160
– Mortgages

– – 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; illegal upfront fee collection, firms face suit (Fla. Cir. Ct.), 1081; more complaints filed (D.D.C., C.D. Cal.), 1356
– – Loan modification and foreclosure rescue scams, FinCEN made referrals to law enforcement agencies, Geithner says, 691
– – Loan servicers, Obama housing plan will test capacity, MBA tells Treasury Dep't, 304
– – Modification guidelines released, 342; second liens, guidance to be issued, 508; servicers sign contracts, funds allocated, 536; second liens, guidance issued, 618; modification program to be expanded, 690; progress apparent despite program shortcomings, official says, 1112; new round of troubled mortgages and unemployment put program in danger, oversight panel warns, 1467

– Nonbanks, framework needed to manage or close, Geithner tells House panel, 415
– Over-the-counter derivatives, new regulatory plan published, 1192; credit default swaps, industry group launches web site to provide data and statistics, 1193; CFTC chair seeks changes, 1221
– 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
– Secretary, Geithner confirmed, 129
– Small business lending, Geithner to clarify details of plan to boost, 339
– Systemic risk regulator, Geithner plan met with skepticism at Senate hearing, 901; response to plan restrained, 902
– TARP implementation strategy, congressional panel issues report, 473
– Toxic assets, Geithner fix gets mixed reaction, 413

TROUBLED ASSET RELIEF PROGRAM (TARP)

– Automotive sector distress, Bush approves plan to provide loans in return for restructuring, 18; GM and Chrysler seek additional aid, UAW agrees to modify agreements, 231; GM and Chrysler plans may be workable, analysts say, 268; GM unable to continue without aid, auditors say, 341; GM plan may not avoid bankruptcy, bondholders group says, 400
– Chrysler Financial receives funding to spur car loans, 97; loans repaid, 1013
– Civil disobedience part of push to stop foreclosures and evictions, Special Report, 239
– Congressional Outlook 2009, Special Report, 132; 135
– Delphi retiree health care coverage, bill to apply money to fund

See LEGISLATION, FEDERAL, S 1663

– Further funds likely needed for stabilization, oversight panel member says, 376
– GMAC preferred stock purchased using TARP funds, 41; GMAC to receive more funds, Geithner says, 653; GMAC receives more funds, 734
– Independent trust to manage federal investments

See LEGISLATION, FEDERAL, HR 3594

– Lending practices of banks receiving bailout funds, group seeks IG review, 1353
– Morgan Stanley repurchases warrants issued to government, 1160
– Mortgage modification guidelines, Treasury releases, 342; modification program to be expanded, 690
– One-year review, Special Report, 1439
– Oversight panel, Pelosi (D-Cal) praises report, 164
– Reform and accountability

See LEGISLATION, FEDERAL, HR 384

– Release of remaining funds, Bush requests approval for Obama's use, 66
– Relief for homeowners and neighborhoods, use of funds

See LEGISLATION, FEDERAL, HR 3068

– Spending report released, 41
– Treasury Dep't implementation strategy, congressional panel issues report, 473

TRUSTEES

See also U.S. TRUSTEES
– Ch. 7 trustee failure to disclose law firm fee agreement with debtor's primary creditor was fraud on court (E.D. Mich.), 151
– Corporate manager appointed pre-petition may administer debtors-in-possession (2d Cir.), 675
– Discharge order, final report (U.S., rev den), 76
– Lender failure to perfect interest in manufactured home must yield interest to trustee as judgment lien creditor (B.A.P. 6th Cir.), 1423
– Negligent violation of duties, quasi-judicial immunity bars suit for adjudicative acts (C.D. Cal.), 1288
– PT-1 Communications trustee granted summary judgment, awarded tax refund (Bankr. E.D.N.Y.), Case in Brief, 502
– Receiver properly appointed as trustee for jointly administered debtors (D. Minn.), 1374
– Reporting exception, IRS notes, News Brief, 807
– Substitute trustee is debt collector under FDCPA (D.D.C.), 1432

TRUTH IN LENDING ACT (TILA)

– Bank failure to make adequate disclosures may proceed despite third-party disclosure, ruling should be upheld, banking groups argue in brief (3d Cir.), 697
– Bank's alleged intent to later raise APR does not give rise to claim (9th Cir.), 237
– Credit card interest rate hike disclosure, class action against Chase Bank reinstated (9th Cir.), 737
– Credit cardholders' bill of rights, creation

See LEGISLATION, FEDERAL, HR 627, HR 5244

– Credit life insurance policy purchased with residential mortgage, class suit dismissed for lack of damages (U.S., rev den), 418
– Home equity credit lines, class actions challenge bank moves to trim (N.D. Ill.), 1222
– Modified rescission, loan servicer did not wait too long to seek (E.D. Cal.), 780
– Preemption provision does not cover state-law based state court injunction re credit card solicitation scheme (U.S., rev den), 130
– Refund anticipation loan, finance charge recovery denied (9th Cir.), 45

TURNOVER OF PROPERTY

– Corporate manager appointed pre-petition may administer debtors-in-possession (2d Cir.), 675
– Insurance proceeds, debtor has no right to jury trial in trustee action (1st Cir.), 976
– Special administrator not custodian, no obligation to turn over debtor share of decedent's estate (D. Ariz.), 374