Bankruptcy Code Good Faith Standard: Practical Applications

Mr. Grossman practices in the area of corporate law, business reorganization and litigation. A significant part of his practice focuses on providing advice to troubled or newly restructured companies and investors with respect to the financing needs of such companies. Mr. Grossman rejoined Duane Morris after serving as a U.S. Bankruptcy Court judge for the Eastern District of New York from 2008 until his retirement in June 2025. As a jurist, Mr. Grossman oversaw more than 150 decisions, regularly clarifying bankruptcy code for major financial institutions, and determined complex matters that impacted thousands of account holders and companies across myriad industries. He also resolved issues of broad consumer interest, many of which involved well-known institutions as well as matters involving infamous individuals. Mr. Grossman has extensive experience in complex bankruptcy and creditor rights litigation for both individuals and institutions and has represented parties in the restructuring and transfer of assets in bankruptcy court. Experienced in the intricacies of bankruptcy and restructuring matters across a wide range of industries, including real estate and healthcare, Mr. Grossman represents borrowers, secured creditors, landlords and owners across the United States. He was chair of the restructuring practice group at his former firm, where he directed almost 20 professionals in matters across the United States and in Europe. Mr. Grossman also has significant experience serving as a mediator in complex bankruptcy, restructuring and commercial matters. While serving as a U.S. Bankruptcy Court judge, he regularly conducted court-sponsored mediations and settlement conferences involving multi-party disputes and competing stakeholder interests. Mr. Grossman's mediation work reflects a practical, even-handed approach informed by his judicial experience and deep familiarity with the legal and financial issues that commonly arise in insolvency proceedings.

Mr. Silver is a shareholder at Nason Yeager with over 40 years of experience in business bankruptcy and creditors’ rights. He also has extensive experience in commercial litigation and receivership, as well as creditors’ rights litigation arising out of Ponzi and other fraudulent schemes. Mr. Silver is rated AV Preeminent by Martindale-Hubbell since 1992, which indicates a demonstration of the highest professional and ethical standards and is the highest rating a lawyer can receive. He graduated in the top 3% of his law school class and served as the Associate Research Editor of the University of Miami Law Review.