October 10, 2022
Joining the majority of courts, Judge Grossman says that the debtor’s conduct, not the identity of the holder of the claim, determines nondischargeability.
August 29, 2022
A district judge in Brooklyn applied the two most commonly used tests for the ‘ordinary course’ defense to uphold dismissal of preference complaints.
August 25, 2022
A local government removed a lawsuit to bankruptcy court, but the bankruptcy judge turned around and slam-dunked the government for violating the plaintiff’s Fourteenth Amendment rights.
July 5, 2022
Reversing, a Long Island district judge credits value to a homeowner’s ability to delay foreclosure, taking a position contrary to a recent decision from a Ninth Circuit B.A.P.
April 28, 2022
Redesignation under the SBRA might become a hot topic once again when (if) Congress raises the cap back to $7.5 million.
March 3, 2022
No more informal ‘no-look’ fees in the courtroom of Bankruptcy Judge Robert Grossman.
February 8, 2022
The ‘average-lateness’ test reveals payments that were not made in the ‘ordinary course.’
January 28, 2022
A chapter 13 trustee is not a federal employee for the purposes of the Federal Tort Claims Act.
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.