Kopel et al

Filing 20

CORRECTED MEMORANDUM DECISION AND ORDER: The Bankruptcy Court's order for contempt and sanctions are hereby affirmed. Ordered by Judge Ann M. Donnelly on 5/3/2016. (Greene, Donna)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
X

NOSON A. KOPEL,

Appellant,
CORRECTED MEMORANDUM
DECISION AND ORDER

14 Civ. 5105(AMD)
In re

FILED

JJE & MM GROUP LLC,

IN CLERK'S OFFICE

US DISTRICT COURT E.D.N.Y.

Debtor.

-k MAY 0 3 2016 -k
X

BROOKLYN OFFICE
ANN M.DONNELLY,District Judge.
INTRODUCTION

Noson A. Kopel appeals from two Bankruptcy Court orders issued by the Honorable Carla
E. Craig: an order of contempt and an order imposing monetary sanctions. The appellant argues
that the orders were improper because(1)Judge Craig did not have the power to issue the orders;

(2)the appellant did not know about the dismissal order that he was found to have violated;(3)the
appellant could not be held in contempt without the debtor first being held in contempt; and (4)
legal fees were an inappropriate sanction. For the following reasons, the Bankruptcy Court's
orders are affirmed.
FACTUAL BACKGROUND

The debtor, JJE & MM Group LLC, has as its sole assets two pieces of property: one

located at 83-85 Lawrence Avenue, Brooklyn, New York and the other at 613 West 146"' Street,
New York, New York. 1354 Realty was the sole creditor. The properties were scheduled to be
sold at a foreclosure sale on July 11,2013. On that same day, however,the debtor filed for Chapter
11 Bankruptcy, even though reorganization was unlikely.

s/Ann M. Donnelly