Satter v. KDT Industries, Inc. (In Re Satter)

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 of that hearing, the Bankruptcy Judge reached a reasoned conclusion that there was a reasonable likelihood that the debtor, opposing the relief sought…