D. Joseph DeVito
How Judge DeVito rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge DeVito no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge DeVito decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A lease essential to reorganization could be assumed after cure and adequate assurance of future performance.
“without this lease the debtor’s efforts to reorganize would surely fail”
Procedural preferences
State court could determine the equitable-mortgage issue while the bankruptcy court retained control of any later foreclosure and distribution.
“the path to be taken by this Court is clear.”
Cautions
Expired filing deadlines were rarely enlarged, even where the proposed nondischargeability claim appeared substantial.
“Evident merit (i.e., here, the debtor’s fraud) is not material to a determination of excusable neglect with respect to the filing of a complaint out of time.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The instant motion is for the assumption of a lease between the debtor and its landlord. Upon a review of the pleadings, the motion is granted.”
“At the conclusion of the hearing, the Court granted the motion and entered an order to that effect on the same day.”
“the motion of the debtors is denied.”
“debtors’ motion to avoid the fixing of Westvaco’s lien is granted.”
“his motion for summary judgment and the defendant’s motion to dismiss plaintiff’s count seeking sale of the house are denied.”
“this Court grants the motion of the interim trustee and hereby orders the Bakers Insurance Company to reissue the checks”
“the Court denies plaintiffs motion for counsel fees”
“grants the defendants’ cross-motion for summary judgment and dismisses the plaintiff’s complaint with prejudice.”
“Chimenti’s motion is denied.”
“the interests of all the creditors will best be served by conversion, rather than by dismissal.”
“the debtors’ requested relief is denied in its entirety.”
“the Constantins are entitled to possession and control of all of the outstanding shares of SCK stock”
“the Court finds that there is no present justification for the issuance of the injunction.”
“the request to consolidate the proceedings is moot.”
A historical record
Judge DeVito 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.