Bankruptcy Law Reporter Index-Summary

PACKAGING

– Apollo Mgmt. VI LP joint reorganization plan confirmed (Bankr. D. Del.), 1459
– Chapter 11 filings

– – Caraustar Indus. Inc. and affiliates, recycled and converted paperboard products manufacturer (Bankr. N.D. Ga.), 802; first amended joint reorganization plan approved, 1145; emergence announced, 1251
– – NexPak Corp. and affiliates, multimedia packaging manufacturer, marketer, and distributor (Bankr. D. Del.), 527

PAYDAY LOANS

See LOANS

PENSION BENEFIT GUARANTY CORPORATION (PBGC)

– Aloha Airlines plans, Labor Dep't reaches settlement, 838
– Automotive industry plans have unfunded liabilities exceeding $60B, PBGC says, 378
– Chrysler plans will continue after sale to Fiat, 791
– Circuit City Stores plan, PBGC takes control, 768
– Contech US plan, PBGC takes control, 768
– Dan River Inc. plan, PBGC takes control, 931
– Delphi Corp. defined benefit plans to end, PBGC expected to take over, 798; retirees sue company execs to force removal as plan fiduciaries (E.D. Mich.), 1017; PBGC to take over 6 plans, 1061; EU approves acquisition by Platinum Equity LLC, 1137; IUE-CWA and GM reach agreement re new plan, 1291; suit filed re PBGC action (E.D. Mich.), 1338
– Distress termination, conferees discuss PBGC “but for” test, 1486
– East River Management plan, PBGC takes control, 86
– ERISA downsizing liability provision, proposed legislation in works, 697
– Foamex LP plan, PBGC takes control, 723
– Fortunoff Fine Jewelry & Silverware plan, PBGC takes control, 893
– Funding deficit climbs due to accelerated pace of terminations, chief tells Senate panel, 775
– GM plans, stakeholders intend to continue support, PBGC says, 759; dealers, relief hopes dim, 793; IPO expected in 2010, Treasury official tells Senate panel, 794; GMRA asks court to appoint panel to negotiate retiree benefits, 796
– Governance concerns increase with rising tide of corporate bankruptcies, Special Report, 948
– Hurd Windows & Doors plan, PBGC takes control, 1146
– IndyMac Bank F.S.B. plan, PBGC takes control, 1184
– Interlake Material Handling Inc. plans, PBGC takes control, 931
– LandAmerica Fin. Group plan, PBGC takes control, 640
– Lehman Brothers Holdings Inc., briefs filed in PBGC bid to involuntarily terminate pension plan (S.D.N.Y.), 119; schedules of assets and liabilities filed (Bankr. S.D.N.Y.), 362; sale of assets to Barclays, good faith and due process met (S.D.N.Y.), 393; execs face lawsuit re state pension fund losses (N.J. Sup. Ct.), 397; House panel examines effect of failure, 595; settlement agreement, approval sought (Bankr. S.D.N.Y.), 638; PBGC takes over plan, 893; asset sale to Barclays Capital may be investigated through discovery, 923; N.Y. City seeks local taxes (Bankr. S.D.N.Y.), 1136; state fund losses, interlocutory appeal allowed re denial of remand to state court (D.N.J.), 1287; failure, one year later, Analysis and Perspective, 1315; Barclays received windfall profit in asset sale, Lehman claims (Bankr. S.D.N.Y.), 1331
– Lenox Group plans, PBGC takes control, 768
– Metaldyne Corp. plan, PBGC takes control, 1104
– Milacron Inc., PBGC seeks termination of plan (S.D. Ohio), 843
– Mother's Cake and Cookie Co. plan, PBGC takes control, 974
– Nortel Networks plan, PBGC takes control, 1020
– Pascack Valley Hospital plans, PBGC takes control, News Brief, 11
– Powermate Corp. plan, PBGC takes control, 1522
– Proliance Intl. Inc. plan, PBGC takes control, 1184
– Propex Inc. plans, PBGC takes control, News Brief, 467; first amended joint liquidation plan confirmed, 1252
– Sencorp plan, PBGC takes control, seeks trustee status (S.D. Ohio), 931
– Settlement, contributions made during are specified liability losses (3d Cir.), 889
– Stant Manufacturing Inc. and Standard-Thompson Corp. plans, PBGC takes control, 1343
– 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
– Tom's Foods terminated plan, PBGC intervenes in civil class action to recover lost investment (M.D. Ga.), 929
– Uniformed Services Employment and Reemployment Rights Act, proposed rule would protect benefits in trusteed plans, 1118
– Wadley Regional Medical Center plan, PBGC takes control, 1420
– Walworth Co., PBGC seeks termination of two plans (S.D. Tex.), 402
– Wolverine Proctor & Schwartz trustee settlement with PBGC approved (Bankr. D. Mass.), 636

PENSIONS

– Airlines

See AIR TRANSPORTATION

– Benefits recalculation, court may enforce arbitrator order (N.D.N.Y.), 676
– Canadian firm cannot be sued for U.S. firm pension debts (7th Cir.), 766
– Funding obligations, Pomeroy (D-ND) releases draft bill to ease employer burdens, 1263
– Illegal withdrawals, DOL files suit against Michael Vick (E.D. Va.), 464; judgment requiring Vick to restore plan assets granted, 1419
– Multiemployer benefit plans

– – Corporate veil will not be pierced to hold firm owner liable for unpaid contributions (D. Minn.), 462
– – Offset of debtor benefits violated automatic stay (7th Cir.), 597
– – Underfunded plans face negotiation and liability withdrawal issues, Analysis and Perspective, 1122
– – Unpaid contributions may be discharged (2d Cir.), 765

– PBGC

See PENSION BENEFIT GUARANTY CORPORATION (PBGC)

– Withdrawal liability, leasing business owned by living trusts jointly responsible (N.D. Cal.), 681

PHARMACEUTICALS

See generally HEALTH CARE

PLASTICS

– Milacron Inc. and subsidiaries, global plastics-processing technologies and industrial fluids supplier files for Ch. 11 protection (Bankr. S.D. Ohio), 371; PBGC seeks termination of defined benefit plan (S.D. Ohio), 843

POLLUTION

See ENVIRONMENT

PONZI SCHEMES

See SECURITIES FRAUD

POWER OF COURT

– Bad faith and willful misconduct, judges have inherent authority to suspend attorneys re (9th Cir.), 645; (U.S., rev sought), 1202
– Retroactive conversion from Ch. 11 to Ch. 7 proper (6th Cir.), 1108
– Trustee surcharge of debtor exempt assets after refusal to surrender property properly approved by court (U.S., rev den), 424

PREDATORY LENDING

– Credit Suisse secured lien based on loan to Yellowstone Club subordinated (Bankr. D. Mont.), 760
– Lower foreclosure rates found in states with strong laws, UNC study shows, 1468
– Moratorium and consumer protection agency will lessen, witnesses tell Congressional panel, 942
– Mortgages, bill to curb

See LEGISLATION, FEDERAL, HR 1728

PREEMPTION

– Consumer Financial Protection Agency, bill to create, House Fin. Servs. Comm. approves amendment limiting preemption of state laws, 1495
– Fair Credit Reporting Act, state claims over mortgage broker purchase of prescreened reports preempted (2d Cir.), 1503
– Legal malpractice, malicious prosecution suit not preempted (Tex.), 162; (U.S., rev sought), 1202; (rev den), 1444
– State property exemptions (U.S., rev sought), 1544
– TILA provision does not cover state-law based state court injunction re credit card solicitation scheme (U.S., rev den), 130

PREFERENCES

– Balance transfer to pay other credit card properly deemed voidable preference (6th Cir.), 442
– Bank-to-bank transfer to pay credit card is avoidable preference (11th Cir.), 936
– Credit card loan, use to repay other debt 90 days before filing is voidable (10th Cir.), 63; (U.S., rev sought), 784; (rev den), 956
– Creditor does not need control over debtor to be non-statutory insider (3d Cir.), 215
– Creditor with new relationship to debtor, trustee may avoid payments (11th Cir.), 720
– Erroneous deposit, debtor return to business partner is voidable preference (B.A.P. 8th Cir.), 898
– Lease termination fee, debtor payment is transfer on account of antecedent debt (11th Cir.), 181
– Madoff securities fraud

See MADOFF FRAUD

– Pre-petition payment of promissory note, Ch. 7 trustee failed to prove preferential transfer (Bankr. N.D. Ohio), 252
– Promissory note installment payments not preferential transfers, fraudulent transfer claims improperly barred (B.A.P. 6th Cir.), 83
– Small business owners, disallowance of claims unless preferential transfer returned to estate, Analysis and Perspective, 1505

PRINTING INDUSTRY

See also NEWSPAPERS AND MAGAZINES
– TallyGenicom LP, quality printing solutions provider files for Ch. 11 protection (Bankr. D. Del.), 159

PRIORITIES

– Capital gains taxes owed IRS re farm sale not entitled to priority (D. Kan.), 461
– Commercial law, unpaid supplier right to reclaim goods, secured lender lien rights (U.S., rev sought), 244; (rev den), 579
– Pre-bankruptcy petition for pension benefits and WARN Act debt not administrative expenses (6th Cir.), 214
– Self-insurers' fund, debtor obligation not excise tax (9th Cir.), 636
– Unpaid health benefits, employees who did not render services within 180 days of bankruptcy filing denied priority status (9th Cir.), 721

PROCEDURE

– Appeals

See APPEALS

– Class actions

See CLASS ACTIONS

– Court powers

See POWER OF COURT

– Debtor duties

See DUTIES OF DEBTOR

– Defending auditors at the pleading stage, Analysis and Perspective, 1267
– Discharge

See DISCHARGE OF DEBTS

– Dismissal

See DISMISSAL OF ACTIONS

– Equitable mootness does not apply in Ch. 7 liquidations, tort claims improperly dismissed (5th Cir.), 1054
– Estoppel

See COLLATERAL ESTOPPEL; JUDICIAL ESTOPPEL

– False statements at creditor meetings can be used in sentencing enhancement (8th Cir.), Case in Brief, 1342
– Intervention in adversary proceeding (U.S., rev sought), 1476
– Jurisdiction

See JURISDICTION

– Jury trial, scope of right (U.S., rev sought), 354
– Limitations periods

See STATUTES OF LIMITATIONS

– Local governments seeking bankruptcy protection, Cal. bill would require state approval, 798
– Preemption

See PREEMPTION

– Res judicata

See RES JUDICATA

– Standing

See STANDING

– Statutes of limitations

See STATUTES OF LIMITATIONS

PROJECTED DISPOSABLE INCOME

– Above-median debtors may deduct payments to secured creditors (Bankr. E.D. Wis.), 610
– Debtors lacking need not propose 60-month plan (E.D. Mich.), 1385
– Disposable income is starting point under BAPCPA (U.S., rev sought), 314
– 401(k) loan, reduced payments must be considered (8th Cir.), 1216

PROOFS OF CLAIM

– Credit lines to gamble in Nev., state law applies to suit against Wis. debtor (7th Cir.), 978
– IRS issues guidance on taxes accruing after Ch. petition filed, 1529
– Late submission by fax rather than hand or mail delivery properly rejected (7th Cir.), 1099
– Nortel Networks files objection to IRS filing (Bankr. D. Del.), 1335; stipulation to resolve portion of claim approved, 1520
– Real estate taxes arising post-petition, claim allowed (Bankr. N.D. Ohio), 1218
– WorldCom Inc., IRS excise tax claim improperly denied (S.D.N.Y.), 1137

PROPERTY OF ESTATE

– Causes of action, abandonment of asset (U.S., rev sought), 244; (rev den), 314
– Commissions earned pre-petition

– – Post-petition payment, commissions are property of Ch. 7 estate (D.S.D.), 1219
– – Sales closing post-petition, commissions are estate property (B.A.P. 8th Cir.), 443

– Kan. food sales tax refund properly excluded from debtor estate (Bankr. D. Kan.), Case in Brief, 1465
– Money transferred from debtor checking account to short-term lender not estate property (E.D. Tenn.), 263
– Post-petition cash and stock distributions not estate property (B.A.P. 10th Cir.), 1067
– Social Security, pre-petition retroactive benefits excluded from estate (B.A.P. 8th Cir.), 1110
– Trustee surcharge of debtor exempt assets after refusal to surrender property properly approved by court (U.S., rev den), 424
– Wells Fargo exec cannot exempt stock options received while working for bank (N.D. Cal.), 470

PUBLIC UTILITIES

See UTILITIES

PUBLISHING INDUSTRY

– Chapter 11 filings

– – American Community Newspapers LLC and subsidiaries (Bankr. D. Del.), 604; holding company files, 801
– – 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
– – Idearc Inc. and affiliates, print, online, and wireless publishing and advertising provider (Bankr. N.D. Tex.), 500
– – Journal Register Co. and subsidiaries, print and online publisher (Bankr. S.D.N.Y.), 256; joint amended plan confirmed, 973; emergence announced, 1182
– – Philadelphia Newspapers LLC, print and online publisher (Bankr. E.D. Pa.), 255; automatic stay, extension to nondebtors proper in suit related to bankruptcy (E.D. Pa.), 1056
– – Sun-Times Media Group Inc. and affiliates, newspaper and online site operator (Bankr. D. Del.), 465; Chicago Newspaper Guild members reject concessions to meet prospective buyer demands, 1337; sale approved after concessionary labor contract ratified, 1458
– – Triple Crown Media Inc. and affiliates, community newspaper publisher (Bankr. D. Del.), 1382