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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
ABETTING
See MORTGAGES
– Commercial law, unpaid supplier right to reclaim goods, secured lender lien rights (U.S., rev sought), 244; (rev den), 579
– Crop land rent due 2 days post-petition entitled to administrative expense status (B.A.P. 8th Cir.), 890 – Pre-bankruptcy petition for pension benefits and WARN Act debt not entitled to priority (6th Cir.), 214 – Priorities, contract entered or assumed by debtor during bankruptcy, accrual of creditor claim against estate (U.S., rev sought), 579
– Capital gains taxes owed IRS re farm sale not entitled to priority (D. Kan.), 461
– Crop land rent due 2 days post-petition entitled to administrative expense status (B.A.P. 8th Cir.), 890 – EuroFresh Inc. and subsidiary, hydroponic tomato and cucumber grower and marketer files for Ch. 11 protection (Bankr. D. Ariz.), 562 – Hines Horticulture Inc. and affiliates, nursery distributor joint reorganization plan approved (Bankr. D. Del.), 157
– Client concealment of assets, lawyer suspended (Ohio), 39
– Enron Brazilian power project, in-house lawyers settle charges re aiding revenue inflation (S.D. Tex.), 123 – Parmalat collapse, investor suit to hold Deloitte liable for audits by subsidiary may proceed (S.D.N.Y.), 185; trustee suits against Bank of America and Deloitte properly dismissed (2d Cir.), 253; reconsideration denied, 289 – Refco fraud, litigation trustee lacks standing to bring suit against alleged aiders and abettors (S.D.N.Y.), 601
– Air Canada, Canadian Auto Workers ratify agreement with moratorium on pension funding, 889
– Alitalia-Linee Aeree Italiane S.p.A., Italian antitrust authority will not block restructuring deal, 87 – Aloha Airlines pension plans, Labor Dep't reaches settlement, 838 – Frontier Airlines and pilots' union reach tentative concessionary agreement (Bankr. S.D.N.Y.), 7; agreement ratified, 33 – Northwest Airlines Inc. defined benefit plan participants may not pursue underfunding claim (S.D.N.Y.), 31 – United Airlines settles ADA claims by San Francisco airport employees (N.D. Cal.), 464
– United Airlines settles claims by San Francisco airport employees (N.D. Cal.), 464
– Attorney-client privilege issues in bankruptcy-related proceedings, 866
– CBMS bankruptcy remote structuring and the recession, 820 – Corporate reorganizations, securing cost basis, 700 – Foreclosure cases, tax consequences, 274 – Inactive market presents challenges for fair value accounting, 349 – Pensions, distress terminations more expensive after PBGC victory in Oneida, 660
– Life insurance proceeds, annuity funded by may only be exempted to Ohio law limits (Bankr. N.D. Ohio), 14
– Single-premium annuity not exempt under Cal. law (9th Cir.), 297
– Chapter 11 filings
– – Fairchild Corp. and affiliates, aerospace, real estate, and motorcycle apparel firm (Bankr. D. Del.), 404
– – 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
– Assurance of payment, final order adequate, utility company appeal rejected (D. Del.), 288
– Bidding procedure order denying breakup fees not final order subject to appeal (D. Del.), 5 – Ch. 7 debtor/lawyer failed to show excusable neglect for not timely filing appeal documents, dismissal proper (S.D.N.Y.), 192 – Confirmation order may not be revoked, appeal equitably moot (S.D. Tex.), 364 – Creditor failing to complete prerequisites denied stay pending appeal (S.D. Tex.), 556 – Failure to file motion to extend time to appeal, denial of claims against IRS proper (W.D. Wash.), Case in Brief, 412 – Income tax assessments, summary judgment proper (10th Cir.), Case in Brief, 688 – Involuntary bankruptcy, lawyer never hired by debtor may not appeal orders (D.V.I.), 32 – Post-petition lender properly relied on court-approved financing order, creditor appeal properly denied (B.A.P. 1st Cir.), 394 – Remand after refusal of pendent jurisdiction reviewable (5th Cir.), 118; (U.S., rev sought), 579 – Selection of bankruptcy judges, conflicts of interest, equitable mootness (U.S., rev den), 76
– Pension benefits recalculation, court may enforce arbitrator order (N.D.N.Y.), 676
– Wireless card service agreement clause waiving class actions unconscionable (9th Cir.), 508
See MORTGAGES
– Exposure claims
– – Denial of full exercise of setoff right proper (U.S., rev sought), 24; (rev den), 548
– – Ohio Senate passes measure requiring plaintiff transparency, 7 – – Third-party claims against debtor's insurers, jurisdiction (U.S., oral arg), 434; (rvs and rem), 883
– – Class settlement granted preliminary approval (Bankr. D. Del.), 120
– – Libby, Mont. exposure, criminal case set for trial (D. Mont.), 155; jury finds not guilty, separate trial remains, 681; case against final defendant dismissed, 891
– Effect of economic crisis, conferees discuss, 479
– Foamex Intl. reaches agreement with MatlinPatterson Global affiliate (Bankr. D. Del.), 438 – Northeast Biofuels granted approval for auction, bid procedures and date of sale set (Bankr. N.D.N.Y.), 438 – Polaroid Holding Co. enters stalking horse agreement with PHC Acquisitions LLC, 157 – Res judicata, sale order (U.S., rev sought), 278; (rev den), 628 – Sleepy's to acquire 1800mattress.com, businesses to join, 438
– Attorney-client privilege issues in bankruptcy-related proceedings, Analysis and Perspective, 866
– Bad faith and willful misconduct, judges have inherent authority to suspend attorneys re (9th Cir.), 645 – BAPCPA debt relief agency restrictions
– – Advice to consumers, limit violates free speech rights (U.S., rev grant), 804
– – Free speech rights limited (U.S., rev sought), 386; related case (rev sought), 514 – – Free speech rights not limited (5th Cir.), 38; (U.S., rev sought), 486
– – Dreier LLP, law firm (Bankr. S.D.N.Y.), 8; judge seeks trustee opinions re bail revocation decision (S.D.N.Y.), 637
– – Heller Ehrman LLP, law firm (Bankr. N.D. Cal.), 35; Brobeck trustee seeking funds from former partners now with Heller firm, 396 – – Morgan & Finnegan LLP, intellectual property law firm (Bankr. S.D.N.Y.), 406 – Client concealment of assets, lawyer suspended for aiding (Ohio), 39 – Collection case remanded to appeals office (T.C.), Case in Brief, 302 – Credit counseling, licensing exemption applies only to lawyers licensed in state (S.C.), 739 – Enron Brazilian power project, in-house lawyers settle charges re aiding revenue inflation (S.D. Tex.), 123 – Failure to properly manage debts, lawyer's conditional license revoked (Tex. Ct. App.), 620 – Fees
See ATTORNEYS' FEES
– Involuntary bankruptcy, lawyer never hired by debtor may not appeal orders (D.V.I.), 32 – Madoff-related fiduciary breach cases could take years and leave big mark on law, attorneys say, Special Report, 621 – Malpractice
– – Corporate client bankruptcy creates risk that claims may follow, conferees told, 365
– – Law firm failure to reveal did not breach fiduciary duty (8th Cir.), 220 – – Malicious prosecution suit not preempted (Tex.), 162 – – SonicBlue Inc. bankruptcy filing, Pillsbury Winthrop Shawn Pittman to settle claims (Bankr. N.D. Cal.), 364
– Automatic stay, attempt to collect from bankruptcy estate (U.S., rev den), 106
– Ch. 7 trustee failure to disclose law firm agreement with debtor's primary creditor was fraud on court (E.D. Mich.), 151 – Failure to disclose leads to sanction and disgorgement order (E.D. Pa.), 686 – Illegal fee practices result from court competition for big cases, study finds, 635 – Lodestar approach should have been applied to calculate award to debtor counsel, reduction improper (B.A.P. 1st Cir.), 687 – Past due taxes, penalties, and interest owed to IRS, award proper (B.A.P. 10th Cir.), Case in Brief, 411 – Post-petition grant proper if allowed under contract or state law (N.D.N.Y.), 84 – Special litigation counsel award upheld (2d Cir.), 55 – Trustee counsel, denial of compensation, res judicata (U.S., rev sought), 666; (rev den), 876
– KPMG LLP faces suit by New Century Fin. re negligent audits (S.D.N.Y.), 497
– Lender to bankrupt manufacturer may not recover on claims against outside auditor re failure to uncover accounting irregularities (4th Cir.), 497 – Parmalat collapse, investor suit to hold Deloitte liable for audits by subsidiary may proceed (S.D.N.Y.), 185; trustee suits against Bank of America and Deloitte properly dismissed (2d Cir.), 253; reconsideration denied, 289
– Attorneys' fees, attempt to collect from bankruptcy estate (U.S., rev den), 106
– Bally Total Fitness employees lose bid for class proof of claim, certification, and lifting of stay (Bankr. S.D.N.Y.), 494 – Class action against nondebtors will not be stayed (N.D. Ind.), 556 – Creditor failing to complete prerequisites denied stay pending appeal (S.D. Tex.), 556 – Employee claim for setoff against former employer/debtor properly denied (D. Del.), 56 – Liquidation of 401(k) plan company stock fund, stay will not be extended (E.D. Pa.), 521 – Money transferred from debtor checking account to short-term lender not estate property (E.D. Tenn.), 263 – Multiemployer pension fund offset of debtor benefits improper (7th Cir.), 597 – Property owner protected against county tax claim bureau objections to petition to sell (M.D. Pa.), Case in Brief, 230 – Repossessed vehicles, creditor must hand over when owners file for Ch. 13 protection (7th Cir.), 805 – University refusal to provide transcript is act to collect violating stay (7th Cir.), 609 – Wells Fargo properly denied relief to recover payment made to debtor in error (D. Del.), 324 – W.R. Grace pollution reporting, N.J. suit stayed during bankruptcy proceedings (D. Del.), 432
See MOTOR VEHICLES
– Commodity forward agreement may qualify as swap agreement exempt from trustee powers (4th Cir.), 251
– Foreign rep may not bring avoidance action under foreign law without filing Ch. 7 or 11 (S.D. Miss.), 216 – Misstated lot number cannot lead to avoidance of lien (10th Cir.), Case in Brief, 854 – Trust property, debtor disclaimer in not fraudulent transfer (9th Cir.), 228 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |
