CLEMENTE v. CLEMENTE

Filing 12

OPINION and ORDER that Appellant John Clemente shall pay to Appellee Ansell, Grimm & Aaron, P.C. the amount of $6,106.87, which represents attorneys fees and costs incurred while defending against this appeal. Signed by Judge Anne E. Thompson on 5/7/2012. (eaj)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
In re:
John CLEMENTE,
Civ. No. 12-37
Debtor.

On Appeal From:

______________________________________

08-BK-10812 (MBK)
09-AP-2039 (MBK)

John CLEMENTE
OPINION and ORDER
Appellant,
v.
Linda CLEMENTE and ANSELL, GRIMM &
AARON, P.C.,
Appellees.

THOMPSON, U.S.D.J.
IT APPEARING that Appellant John Clemente appeared before the Court at a hearing on
an Order to Show Cause why he should not have to pay the Appellees’ attorney’s fees and costs
incurred on this appeal; and
IT APPEARING that Federal Rule of Bankruptcy Procedure 8020 provides that: “If a
district court . . . determines that an appeal from an order, judgment, or decree of a bankruptcy
judge is frivolous, it may, after a separately filed motion or notice from the district court . . . and
reasonable opportunity to respond, award just damages and single or double costs to the
appellee”; and

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IT APPEARING that Appellant did not show cause why an award of attorney’s fees and
costs pursuant to Federal Rule of Bankruptcy Procedure 8020 would be inappropriate in this
case; and
IT APPEARING that Appellant did not argue that the amount of $6,106.87 requested by
Appellees was unreasonable;
IT IS on this 7th day of May, 2012,
ORDERED that Appellant John Clemente shall pay to Appellant Ansell, Grimm &
Aaron, P.C. the amount of $6,106.87, which represents attorney’s fees and costs incurred while
defending against this appeal.

/s/ Anne E. Thompson
ANNE E. THOMPSON, U.S.D.J.

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