Keitel

I. Introduction

George W. and Peggy Heubel appeal from an order permitting a judgment creditor to execute against property held in their revocable trust. After filing this appeal, the Heubels filed a petition in federal court seeking protection from creditors pursuant to chapter 13 of the Bankruptcy Code. The Heubels did not notify this court about their bankruptcy filing. Respondent Mary C. Keitel, who is George Heubel’s sister, did notify us about it, however. Thereafter, we advised the Heubels and their counsel of our intention to impose sanctions against them for filing a frivolous appeal and for failing to notify us about the filing and status of the bankruptcy case. The Heubels responded that their bankruptcy case barred us from taking any action against them. Thereafter, the Heubels’ bankruptcy case was dismissed with prejudice.

We hold that the bankruptcy case did not preclude us from imposing sanctions on the Heubels and their appellate counsel. We affirm the order permitting Mary Keitel to execute against property in the Heubels’ revocable trust. We also find that the Heubels’ appeal is frivolous and we impose sanctions on them and their counsel for filing a…