Harvey M. Lebowitz
How Judge Lebowitz rules, drawn from 18 signed orders. Every observation links to the order it came from.
Judge Lebowitz no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lebowitz decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Once a creditor learned of a bankruptcy filing, maintaining the filing-date status quo could require affirmative restoration of property seized in violation of the stay.
“It is implied in § 362 that a creditor is under an obligation to maintain the status quo as of the moment of the filing of the petition and to take whatever affirmative action is necessary to do so.”
The Chapter 13 trustee could use avoidance powers needed to value and protect the estate for unsecured creditors.
“The Court concludes, therefore, that a Chapter 13 Trustee has standing to enforce § 548, and that the Union Home second mortgage was an avoidable fraudulent conveyance as to the Chapter 13 Trustee.”
Procedural preferences
A creditor relying on a fraud-based exception to discharge needed to file the required complaint within the prescribed time rather than use an untested allegation to support reaffirmation.
“a creditor must test the strength of his convictions before filing a § 523(a)(2) complaint that is to be the basis for a § 524(c)(4)(B) reaffirmation agreement.”
Cautions
Criminal proceedings could be enjoined when used as leverage to collect discharged wage claims rather than to vindicate public interests.
“The Court cannot permit such claimants now to exact payment outside the bankruptcy proceedings by use of the threat of criminal prosecution.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“denied her request to impose a resulting trust in favor of Aida Judisch.”
“The Court concludes, therefore, that a Chapter 13 Trustee has standing to enforce § 548, and that the Union Home second mortgage was an avoidable fraudulent conveyance as to the Chapter 13 Trustee.”
“the Court concludes that Dominic’s judgment recorded on November 20, 1979 against Carmen’s Milford, Connecticut real estate was a preferential transfer avoidable under § 547(b) of the Code.”
“a Chapter 13 Debtor has no standing to exercise the avoidance powers of a Trustee.”
“the Court concludes that an award of punitive damages is inappropriate in this case.”
“Accordingly, the Court, without prejudice to Dominic’s right to move for such an allowance at a later time, concludes that no allowance under § 503 is appropriate.”
“ORDERED that the Debtor’s exemption of $7,860.00 in lottery winnings under 11 U.S.C. § 522(d)(5) (Supp. IV 1980) should be, and the same is hereby ALLOWED; and it is FURTHER ORDERED that the Debtor’s exemption of $46,140.00 in lottery winnings under 11 U.S.C. § 522(d)(10) (Supp. IV 1980) should be, and the same is hereby DISALLOWED”
“ORDERED, ADJUDGED and DECREED that the State’s Attorney for Somerset County, Maryland, and all the individuals named as Defendants in this Adversary Proceeding should be, and the same are hereby perpetually and PERMANENTLY ENJOINED from bringing, or continuing, criminal proceedings or execution thereon against CRIPPEN JAMES TAYLOR for any charge arising out of the events described in this Memorandum Opinion and Order”
“ORDERED, ADJUDGED, AND DECREED that the forfeiture proceeding pending in the Circuit Court for Frederick County under Article 27, § 297 of the Annotated Code of Maryland is stayed pursuant to 11 U.S.C. § 362(a) (Supp. IV 1980) upon the filing of a petition for relief in a United States Bankruptcy Court”
“The Court therefore awards the Debtor $856.00 in damages, plus costs, but not counsel fees.”
“That the Bank is found in contempt for its violation of the stay imposed by § 362 of the Bankruptcy Code, but no fine is imposed.”
“ORDERED that the Motion to Dismiss filed by GAC Limited Partnership on October 30, 1980, should be, and the same is hereby DENIED”
“FURTHER ORDERED that the Motion to Dismiss filed by Topside Corporation on October 31,1980, should be, and the same is hereby DENIED”
“FURTHER ORDERED that the Motion to Dismiss filed by Topside Marina Limited Partnership on October 31, 1980 should be, and the same is hereby DENIED”
“ORDERED that the Debtor’s Application for Approval of Reaffirmation Agreement be and hereby is DENIED.”
The consolidated opinion held that pre-enactment security interests could not constitutionally be avoided, while gap-period interests could be avoided.
“ORDERED, ADJUDGED, and DECREED that a JUDGMENT in the amount of Five Hundred Seven Dollars and Eighty-eight Cents ($507.88) should be, and the same is hereby GRANTED in favor of the Plaintiff WILLIE COX against the Defendant GENERAL ELECTRIC CREDIT CORPORATION”
“ORDERED that the Debtor’s Application to Reaffirm Debt be and hereby is DENIED.”
“ORDERED, that confirmation of the Debtors’ Chapter 13 Plan filed May 9, 1980, should be and the same is hereby DENIED without leave to amend”
“FURTHER ORDERED, that this case should be and the same is hereby CONVERTED to a case under Chapter 7 of Title 11 of the United States Code”
“ORDERED, that the Complaint to Terminate or Modify Automatic Stay filed by Rich Mar Apartments be DENIED.”
A historical record
Judge Lebowitz 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.