September 24, 2021
Had the purchaser of estate claims offered to waive its own unsecured claim, the sale might have been approved.
August 13, 2021
Judge Grossman didn’t abolish ‘chapter 20’ entirely. He required the debtor to treat the subordinate mortgage lender like all other unsecured creditors, even though the debtor’s personal liability to the lender had been discharged in the prior chapter 7 case.
June 24, 2021
Read Judge Grossman’s opinion as though it were a final exam question to see how many issues you spot and whether you come up with the correct answers.
June 17, 2021
The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.
May 12, 2021
At least in New York, a litigation finance agreement can’t be written to remove all of the lender’s exposure to the borrower’s bankruptcy.
April 29, 2021
Long Island’s Judge Grossman explores the intricacies of selling property free and clear for less than the amount of liens.
April 20, 2021
Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.
February 4, 2021
Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.
January 22, 2021
Long Island judge follows ‘Burt’ Lifland and rules that a secured creditor is not entitled to adequate protections for periods of time before filing a motion giving rise to adequate protection.
January 21, 2021
The record as a whole and the likelihood of further abuse justify a pre-filing injunction.