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INDEX
Vol. 21, Nos. 1 - 42, pp. 1 - 1546
Jan. 1 -- Oct. 29, 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

    LABOR
      – Airlines
      – City of Vallejo, Cal. receives approval to void union contracts (Bankr. E.D. Cal.), 363; mediation ordered, 555; city eligible for municipal bankruptcy protection (B.A.P. 9th Cir.), 925; firefighter contract, rejection approved (Bankr. E.D. Cal.), 1242; electrical worker contract, rejection approved, 1286; IBEW appeals contract rejection, 1334; increase in Ch. 9 filings not expected but problems to exist, conferees told, 1454
      – GM contract, UAW officials recommend ratification of tentative modifications, 733; Canadian Auto Workers members ratify amended agreement, 733
      – Greenbrier Hotel Corp., union members ratify contracts, 602; case dismissed, Justice Family Group takes control, 724
      – Primary allegiance of bankruptcy judges is to Bankruptcy Code, conferees told, 285
      – Republic Windows workers' union files NLRB charge re failure to bargain, 87; 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
      – Small business owners and workers facing closure and job loss, SEIU to set up hotline to aid, 698
      – Tribune Co. must provide WBNG with details of executive bonus plan (D. Del.), 1177
      – United Auto Workers (UAW)
        – – Modification agreement reached with GM and Chrysler, 231; members ratify Chrysler concessions, 592
        – – Tentative contract reached with Chrysler and Fiat, 575
    LAWYERS
    LEGISLATION, FEDERAL
      Ed. Note: This heading covers legislation with assigned numbers only. For information on measures without assigned numbers, see specific subject headings.
      House
        – – Hill Watch Outlook 2009, Special Report, 132; 135; 139
        – – Hill Watch Overview of pending bills, chart
          – – – Banking, 1319
          – – – Bankruptcy reform, 539; 543; 1318
          – – – Derivatives, 541; 1320
          – – – Fair lending, 542
          – – – Mortgages, 540
          – – – Securities, 1321
          – – – Securitizations, 544
        – – HR 200, Helping Families Save Their Homes in Bankruptcy Act, allowing judicial modification of residential mortgages, Citigroup pledges support, 62; House panel passes, 113; CRS analyzes, 227; groups oppose cram down provisions, 261; costs of enacting, CBO outlines, 262; overview, 539; CRS report analyzes, 772; overview, 1318
        – – HR 225, Emergency Homeownership and Equity Protection Act, allowing modification of mortgages on principal residences, overview, 1318
        – – HR 384, TARP Reform and Accountability Act, reforming the Troubled Assets Relief Program and ensuring accountability under it, House defers final vote, 98; House passes, 130; financial services, effect on, overview, 132; mortgages, effect on, overview, 135
        – – HR 627, Credit Cardholders' Bill of Rights (CARD) Act, amending TILA to create fair practices re extension of credit, implementation period not possible, Fed official tells House panel, 417; House panel passes, 472; overview, 542; House financial services panel passes, 570; House passes, Dodd (D-Conn) vows quick Senate action, 615; interest rate caps and interchange fees, amendments expected, 650; Senate passes, 689; Obama signs, 730; extra disclosures required under new law, 1262; Fed proposes new protective measures, 1389
        – – HR 786, Amending Federal Deposit Insurance Act to make permanent temporary boost in deposit insurance coverage, House panel passes, 195
        – – HR 796, Amending IRC to repeal authority of Treasury Sec'y to enter into private debt collection contracts, introduced by Lewis (D-Ga), 165
        – – HR 1106, Helping Families Save Their Homes Act, preventing foreclosures and enhancing mortgage credit availability, Democrats seek to increase support, 295; general debate completed, 295; CRS outlines provisions, 296; House passes, 333; bond investors, Obama homeowner relief program will hurt, attorney warns, 378; Senate action delayed, 410; overview, 540; Senate to press ahead with bill, 564; credit union group voices concern, 564; Obama signs, 730; CRS report analyzes, 772; overview, 1318
        – – HR 1479, Community Reinvestment Modernization Act, strengthening data collection mandate and expanding coverage to include nonbank mortgage lenders and credit unions, advocates urge passage, 1354
        – – HR 1705, Financial Product Safety Commission Act, creating Financial Product Safety Comm'n (FPSC) to oversee financial products and protect consumers, introduced by Delahunt (D-Mass), 448
        – – HR 1728, Mortgage Reform and Anti-Predatory Lending Act, amend TILA to reform consumer mortgage practices and provide accountability, introduced by Miller (D-NC), markup planned, 450; House financial services panel passes, 617; House passes, 649
        – – HR 1748, Fight Fraud Act, providing legal tools and funding to combat mortgage, commodity, and securities fraud, House panel passes, 569
        – – HR 2309, Consumer Credit and Debt Protection Act, increasing FTC power to protect borrowers, Republicans criticize, 693; House panel clears amendment, 809
        – – HR 2743, Automobile Dealer Economic Rights Restoration Act, restoring existing franchise rights to dealerships, auto dealers urge passage, 965
        – – HR 3068, TARP for Main Street Act, using Troubled Assets Relief Program funds for relief for homeowners and neighborhoods, lawmakers debate, 982
        – – HR 3126, Consumer Financial Protection Agency Act, creating Consumer Financial Protection Agency, Frank (D-Mass) introduces, 97; markup delayed, 1027; passage needed this year, Geithner says, 1071; August recess will be used to counter efforts to defeat, Frank says, 1073; fair lending data collection, GAO report finds fault, 1189; state and territory attorneys general urge swift action, 1189; Obama urges creation, 1305; overview, 1319; Natl. Econ. Council director urges action, 1351; Frank releases revised draft, 1388; committee vote set, 1425; Obama seeks support for CFPA, 1466; agency also protects firms, conferees told, 1467; Fin. Servs. Comm. approves amendment limiting preemption of state financial laws, other amendments considered, 1495; Fin. Servs. Comm. approves bill, 1531
        – – HR 3149, Equal Employment for All Act, barring employers from using credit checks as term of employment, introduced by Cohen (D-Tenn), 1120
        – – HR 3170, Financial Services and General Government Appropriations Act, White House opposes plan to force GM and Chrysler to restore franchise agreements with terminated dealerships, 1010
        – – HR 3183, Energy and Water Development and Related Agencies Appropriations Act, amendment to distribute GM and Chrysler stock to taxpayers as a dividend, introduced by Alexander (R-Tenn), 1101
        – – HR 3310, Consumer Protection and Regulatory Enhancement Act, reforming financial regulatory system, overview, 1319
        – – HR 3594, TARP Recipient Ownership Trust Act, requiring creation of independent trust to manage federal investments in some private firms under TARP, introduced by Bachus (R-Ala), 1352
        – – HR 3606, Credit CARD Technical Corrections Act, to amend CARD Act to insert text inadvertently omitted, House passes, 1497
        – – HR 3639, Expedited CARD Reform for Consumers Act, to establish earlier implementation date for CARD Act, Fin. Servs. Comm. approves, 1535
      Senate
        – – S 61, Helping Families Save Their Homes in Bankruptcy Act, allowing modification of mortgages on principal residences, Citigroup pledges support, 62; CRS analyzes, 227; overview, 539; CRS report analyzes, 772; overview, 1318
        – – S 257, Consumer Credit Fairness Act, amending U.S. Code to disallow some claims resulting from high cost credit debts, Senate panel holds hearing, 408
        – – S 272, Derivatives Trading Integrity Act, amend Commodity Exchange Act to ensure that all commodities transactions are carried out on a regulated exchange, overview, 1320
        – – S 386, Fraud Enforcement and Recovery Act (FERA), providing legal tools and funding to combat mortgage, commodity, and securities fraud, Senate passes, 569; House passes with amendments, 648; Senate passes amended version, House passes, 690; Obama signs, law enforcement given higher profile re wrongdoing involving mortgages, 735
        – – S 414, Credit CARD Act, banning abusive credit practices, enhancing consumer disclosures, and protecting underage consumers, Senate panel passes, 447; overview, 542; Dodd (D-Conn) demands strict rules before law takes effect, 985; amendment to free credit report rule, FTC seeks consumer comment, 1470
        – – S 566, Creating Financial Product Safety Commission and giving providers of consumer financial products regulatory certainty, Durbin (D-Ill) and Schumer (D-NY) introduce, 346
        – – S 664, Financial System Stabilization and Reform Act, creating a systemic risk monitor, overview, 1319
        – – S 896, Helping Families Save Their Homes Act, preventing mortgage foreclosures and enhancing mortgage credit availability, amendments made, work continues, 608; Senate passes, 648; CRS report analyzes, 772
        – – S 1540, Resolution Reform Act, giving FDIC new resolution authority re bank holding firms, Corker (R-Tenn) and Warner (D-Va) introduce, 1115; overview, 1319
        – – S 1551, Liability for Aiding and Abetting Securities Violations Act, allowing private investors to file suit, overview, 1321
        – – S 1624, Medical Bankruptcy Fairness Act, to streamline filing process and lower costs for filers with high medical debt, panel hears testimony, 1490
        – – S 1663, Applying TARP money to fund Delphi Corp. retiree health care coverage, Brown (D-Ohio) introduces, 1290
        – – S 1799, Fairness and Accountability in Receiving (FAIR) Overdraft Coverage Act, to limit checking account overdraft fees, introduced by Dodd (D-Conn), 1498
        – – S 1833, Expedited CARD Reform for Consumers Act, to establish earlier implementation date for CARD Act, Udall (D-Colo) introduces, 1535
    LIENS
      – Cash collateral orders, suit properly dismissed (Bankr. D.N.J.), Case in Brief, 157
      – Commercial law, unpaid supplier right to reclaim goods, secured lender rights (U.S., rev sought), 244; (rev den), 579
      – Credit Suisse secured lien based on predatory loan to Yellowstone Club subordinated (Bankr. D. Mont.), 760
      – Lender failure to perfect interest in manufactured home must yield interest to trustee as judgment lien creditor (B.A.P. 6th Cir.), 1423
      – Misstated lot number cannot lead to avoidance (10th Cir.), Case in Brief, 854
      – Patent applications and sale proceeds, attorneys' lien attaches (Mass.), 1142
      – Property transferred free and clear cannot be subject of surcharge and lien (5th Cir.), 495
      – Residential property lien, Ch. 13 debtors with insufficient equity can void (D. Md.), 1302
      – 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
        – – Federal lien, debtor may strip from property (W.D. Pa.), Case in Brief, 505
    LIMITATIONS PERIODS
    LIMITED PARTNERSHIPS (LPs)
      – Taxation, partner may not discharge partnership liabilities in personal bankruptcy (5th Cir.), 529
    LIVESTOCK
      – Dairy farmer, creditor agreements with not executory contracts (N.D. Ohio), 1452
      – Income tax due on farm sale of hogs before Ch. 12 filing is unsecured claim (8th Cir.), 1373
    LOANS
      – Accounting irregularities, lender to bankrupt manufacturer may not recover on claims against outside auditor re failure to uncover (4th Cir.), 497
      – Chrysler Financial receives TARP funding to spur car loans, 97; loans repaid, 1013
      – Collateral not identified in documents, bank may not pursue proceeds (7th Cir.), 33
      – Failure to indemnify ex-wife for car debt as provided in divorce pact, debtor properly held in contempt (Ark. Ct. App.), 647
      – Fair lending programs, loss mitigation efforts protect loan servicers from litigation and regulatory risks, conferees told, 1498
      – False application scheme, loan officer sentenced (D. Colo.), 1164
      – 401(k) loans
        – – Obligation not debt to be deducted on debtor schedules (N.D. Miss.), 373
        – – Payments not secured debts or necessary expenses (9th Cir.), 852
        – – Projected disposable income calculation, reduced payments must be considered (8th Cir.), 1216
      – Home builder, loans received pre-petition avoided as fraudulent transfers (Bankr. S.D. Fla.), 1483
      – Indebtedness tax, LSTA lauds stimulus language deferring cancellation, 269
      – IRS securities loan guidance could lead to rulemaking, Treasury official says, 522
      – Misrepresentation by debtor, bank reliance justifiable, debt nondischargeable (E.D. Mich.), 298
      – Modification consultants, bill to ban advance fees gains final approval, 1313
      – Money transferred from debtor checking account to short-term lender not estate property (E.D. Tenn.), 263
      – Mortgages
      – Out-of-state internet lenders, extension of state usury law proper (Pa. Commw. Ct.), 1082
      – Payday loans
        – – International internet lender settles FTC charges (D. Nev.), 1392
        – – Lender licensing law does not violate Commerce Clause (10th Cir.), 45
      – Predatory lending
      – Refund anticipation loans
        – – Finance charge recovery denied under TILA (9th Cir.), 45
        – – H&R Block reaches settlement of deceptive marketing charges (Cal. Super. Ct.), 72
      – Reverse redlining, regulators seek to halt, 1499
      – Small business lending, Geithner to clarify details of plan to boost, 339
      – State authority over lending, attorneys general call on Obama to restore, 378
      – TILA
      – Underwriting and redlining, banks told to expect enforcement scrutiny by federal and state authorities, 1497

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