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.
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.
The lack of specific findings of fact by the arbitrator meant that a treble damage award for willful breach of contract was dischargeable.
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.
Long Island’s Judge Grossman explores the intricacies of selling property free and clear for less than the amount of liens.
Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.
Congress may have made a mistake in drafting, but the plain language of 28 U.S.C. § 1409(b) must control, Judge Grossman says.
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.
The record as a whole and the likelihood of further abuse justify a pre-filing injunction.
Long Island judge finds no ambiguity in two statutes that other courts have found ambiguous when read together.