Joel Lewittes
How Judge Lewittes rules, drawn from 18 signed orders. Every observation links to the order it came from.
Judge Lewittes no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lewittes decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A court-authorized deposit restriction supported liability when a bank released estate funds without further court approval.
“The conclusion is inescapable that MHT must be held liable for the loss to the estate which might otherwise have been avoided.”
Procedural preferences
A party seeking to modify a negotiated protective order needed more than the convenience of avoiding ordinary discovery.
“the minimal economy sought by Equitable, in short cutting normal discovery processes, does not demonstrate a basis for emasculating the comprehensive Agreement relied upon by the signatories thereto.”
Cautions
A preliminary-injunction request failed where the movant did not establish irreparable harm, likely success, or a sufficient jurisdictional basis.
“In our view, the debtor has failed to satisfy any of these essential requirements.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The objection to the confirmation of the debtor’s Chapter 13 plan is, in all respects granted.”
“Accordingly, this Court, in its discretion, denies Equitable’s application for modification of the instant protective order.”
“We hold, accordingly that the lease between the Landlord and the Debtor has been surrendered, by operation of law and that since July 1982, the lease was no longer property of the estate.”
The decision reviewed a partial-summary-judgment request across numerous Medicaid audit items, granting or denying treatment item by item.
“HFC’s instant motion to strike be, and it hereby is granted in the event that the bankrupt fails to file in writing on or before 5:00 p. m. on March 10, 1980, proper answers”
“we must conclude that in order to properly administer and marshal the partnership property, the trustee is the proper party to furnish an account to the decedent partner’s representatives.”
“the ‘strong arm’ power of the trustee is rendered impotent and the instant turnover proceeding must fail.”
“Accordingly, Jamaica’s motion to dismiss this Chapter 11 case is, in all respects granted.”
“its motion to convert this Chapter 11 case to a Chapter 7 subchapter III case is, in all respects, denied.”
“Merdav is entitled to summary judgment dismissing Allbrand’s complaint seeking a turnover of the C.O.D. collections setoff by Merdav.”
“Allbrand’s cross-motion for summary judgment is, in all respects, denied.”
“Plaintiffs are entitled to the sum of $1,197,722.20 as an administration expense of this Chapter XI case for repairs and replacements required by the subject lease.”
“Plaintiffs are entitled to immediate payment of all outstanding rent obligations as well as interest accrued on late payments of rent.”
“The subject lease is terminated and plaintiffs are entitled to immediate possession of the leasehold.”
“Upon proper application therefor, the plaintiffs are entitled to their costs and disbursements of this adversary proceeding, including attorneys’ and experts’ fees”
“denies debt- or’s motion for a preliminary injunction”
“dismisses the debtor’s adversary proceeding, without prejudice.”
A historical record
Judge Lewittes 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.