January 23, 2025
Fourth Circuit Upholds a $31 Million Default Judgment for Discovery Abuses
Long Island’s Judge Grossman warns lawyers that they may be paid nothing if they file chapter 11 cases just to delay a secured creditor, with no legitimate strategy for selling the property, refinancing or confirming a plan.
4th CircuitOctober 10, 2023
Consent to a Sale for Less than the Mortgage Debt Doesn’t Waive a Deficiency Claim
A secured lender need not obtain a deficiency judgment to retain a claim against an insurer for a shortfall in a bankruptcy sale, Bankruptcy Judge Grossman says.
2nd Circuit, New York, New York Eastern DistrictJune 20, 2023
Trustee Admonished for Filing Suit Reflecting a ‘Disturbing Lack of Judgment’
Providing an adult child with room and board in the family home is not a fraudulent transfer.
2nd Circuit, New York, New York Eastern DistrictApril 25, 2023
Lack of Reliance on Representation Isn’t a Defense to a Constructive Fraudulent Transfer
Damages for a constructively fraudulent transfer were the difference between what the buyer paid and what the business was really worth, based on accurate income and expenses.
2nd Circuit, New York, New York Eastern DistrictOctober 10, 2022
Buying a Claim Carries with It the Right to Assert Nondischargeability
Joining the majority of courts, Judge Grossman says that the debtor’s conduct, not the identity of the holder of the claim, determines nondischargeability.
2nd Circuit, New York, New York Eastern DistrictAugust 25, 2022
Bankruptcy Judge Finds Liability for a Municipality’s Denial of Due Process Rights
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.
2nd Circuit, New York, New York Eastern DistrictMarch 03, 2022
Long Island Judge Ends ‘Loss Mitigation’ in His Courtroom
No more informal ‘no-look’ fees in the courtroom of Bankruptcy Judge Robert Grossman.
2nd Circuit, New York, New York Eastern DistrictFebruary 08, 2022
How the Ordinary Course Defense Works When the Supplier Doesn’t ‘Hound’ for Payment
The ‘average-lateness’ test reveals payments that were not made in the ‘ordinary course.’
2nd Circuit, New York, New York Eastern DistrictAugust 13, 2021
In ‘Chapter 20,’ Discharged Mortgage Claim Resurrects as Unsecured, EDNY Judge Says
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.
2nd Circuit, New York, New York Eastern DistrictJune 24, 2021
The Pleading and Proof Required for Claims Against a Subsequent Transferee
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.
2nd Circuit, New York, New York Eastern District