SATTER v. KDT INDUSTRIES, INC.

Adv. Proc. Nos. 82-6286-A, 82-6287-A.

28 B.R. 374 (1982)

Robert SATTER and Preston F. Harding, Plaintiffs, v. KDT INDUSTRIES, INC., et al., Debtors, Defendants. James M. ANNIS and N. Richard Persons, Plaintiffs, v. KDT INDUSTRIES, INC., et al., Debtors, Defendants. In the Matter of the Application of Robert SATTER and Preston F. Harding and James M. Annis and N. Richard Persons, the above Plaintiffs, For An Order in the Nature of a Writ of Mandamus Against Hon. Joel Lewittes, Bankruptcy Judge, Respondent.

United States District Court, S.D.N.Y.

December 1, 1982.


Attorney(s) appearing for the Case

Robert P. Herzog, New York City, for appellants.

Levin, Weintraub & Cranes, New York City, for respondent KDT Ind.

Marc H. Rosenbaum, Asst. U.S. Atty., New York City, for Hon. Joel Lewittes.


MEMORANDUM OPINION AND ORDER

HAIGHT, District Judge:

I decline to issue a writ of mandamus in this case. Petitioners' basic premise is that, in continuing the stay of proceedings, Bankruptcy Judge Lewittes has violated the express procedural mandate of 11 U.S.C. § 362(e). I hold, however, that the proceedings before Judge Lewittes on November 18, 1982 constituted a "preliminary hearing" within the meaning of § 362(e); and that, at the conclusion...

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