New York Eastern District

A chapter 13 trustee is not a federal employee for the purposes of the Federal Tort Claims Act.

Had the purchaser of estate claims offered to waive its own unsecured claim, the sale might have been approved.

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.

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.

Bankruptcy court has power to entertain a nationwide class action asserting a discharge violation.

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.

A homestead exemption does not bar selling a home when the chapter 7 debtor has no equity in the property, Judge Robert Grossman says.