Kevin Gross

How Judge Gross rules, drawn from 19 signed orders. Every observation links to the order it came from.

Judge Gross no longer hears cases. This profile is preserved as a historical record of how they ruled.

Court
U.S. Bankruptcy Court for the District of Delaware
Position
bankruptcy
Status
Retired 2020
Served
2006–2020
Commissioned
2006-03-13
Signed orders read
19

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Eugene Davis v. State of California and California State Lands Commission
· 2019-01-02
Motions to dismiss (State of California and California State Lands Commission) Denied

“the Court denies the motions to dismiss and to abstain.”

Motion for abstention (State of California and California State Lands Commission) Denied
Superseded version of Liquid Holdings Group dismissal opinion
· 2019-01-31

Excluded because the official February 1 corrected opinion was classified instead.

Liquid Holdings Group, Inc. trustee v. Brian Ferdinand, et al.
· 2019-02-01
Motions to dismiss (Keller defendants) Granted in part

“the Court grants in part and denies in part the Defendants’ Motions to Dismiss without prejudice.”

Motions to dismiss (Schaeffer defendants) Granted in part
Motions to dismiss (Ferdinand defendants) Granted in part
In re Suniva, Inc.
· 2019-03-25
Motion to enforce settlement tax component (Suniva, Inc.) Granted in part

“Debtor shall immediately, but in any event before the hearing on the confirmation of Debtor’s plan, pay to the Government Units the ad valorem taxes and any interest and penalties”

Allonhill, LLC v. Stewart Lender Services, Inc.
· 2019-04-25
Claims for relief and damages (Allonhill, LLC) Denied

“Allonhill’s claims for relief and damages are hereby denied”

Counterclaims (Stewart Lender Services, Inc.) Denied

“SLS’s counterclaims are denied.”

Sven Etzelsberger v. Fisker Automotive Holdings, Inc., et al.
· 2019-05-28
Motion for partial summary judgment on priority (Sven Etzelsberger and WARN class) Denied

“The Court denies the Motion as it relates to the priority issue under sections 507(a)(4) and (5) of the Bankruptcy Code.”

Motion for partial summary judgment on california warn act (Sven Etzelsberger and WARN class) Moot / procedural

“The Court will not render a decision on the California WARN Act issue at this time. The Court’s deferral is without prejudice.”

Alfred T. Giuliano v. Brian Ferdinand, et al.
· 2019-07-25
Motions to dismiss (Keller defendants) Denied

“the Court denies the three motions.”

Motions to dismiss (Schaeffer defendants) Denied
Motions to dismiss (Ferdinand defendants) Denied
Welded Construction, L.P. v. Prime NDT Services, Inc.
· 2019-08-13
Motions to dismiss (Prime NDT Services, Inc.) Denied

“the Court will deny Prime’s Motion in its entirety.”

Emerald Capital Advisors Corp. v. Bayerische Motoren Werke Aktiengesellschaft
· 2019-08-26
Summary judgment (Bayerische Motoren Werke Aktiengesellschaft) Granted

“The Court will grant BMW’s motion for summary judgment on Count V of the Complaint.”

In re VER Technologies HoldCo LLC, et al.
· 2019-09-13
Motion to enforce plan release and discharge (VER Technologies debtors and Production Resource Group) Granted in part

“Mr. Gomez’s employment related claims pending before the Superior Court of California, indeed any and all claims against Debtors and PRG, are therefore dismissed and discharged. The Court will enforce the Plan injunction and enjoin Mr. Gomez from prosecuting the State Court Case. The Court will also enforce the releases awarded to Debtors and PRG and its affiliates, which remain in full force and effect. 13. The terms and conditions of this Memorandum Order shall be immediately effective and enforceable upon entry, notwithstanding Rules 6004(h), 7062 and 9014. 14. The Court retains jurisdiction to hear and determine all matters arising from or related to this Memorandum Order. 15. Regarding sanctions which Debtors and PRG ask the Court to impose, although Mr. Gomez continued to press his lawsuit despite admonitions from Debtors’ lawyers and their filings, it is also clear to the Court that Mr. Gomez believed that his position was correct. The State Court agreed with Mr. Gomez. While Debtors incurred large attorneys’ fees, the Court will sanction Mr. Gomez the sum of $500”

George L. Miller v. Virgo Individual defendants
· 2019-09-16
Motions to dismiss (Virgo Individual defendants) Granted in part

“the Court grants in part and denies in part the Virgo Defendants dismissal of the Seventh and Eighth Claim without prejudice.”

Request for leave to amend (George L. Miller, trustee) Denied

“The Court will deny the Trustee’s request for leave to amend”

George L. Miller v. Virgo Entity defendants
· 2019-09-16
Motions to dismiss (Virgo Entity defendants) Granted in part

“the Court grants the Virgo Defendants dismissal of the Twelfth Claim, grants dismissal in part of the First, Second, Third and Fifth claims, and denies dismissal of the Fourth and Sixth claims without prejudice.”

Request for leave to amend (George L. Miller, trustee) Denied

“The Court also denies the Trustee’s request to amend the complaint, without prejudice.”

A historical record

Judge Gross no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.