Keitel

Mary Keitel obtained a judgment for fraud and undue influence against her brother George Heubel and George's wife, Peggy. A jury found that the Heubels deprived Keitel of her fair share of her mother's estate. The day before entry of a $361,267 judgment against the Heubels, they transferred their real estate into a revocable trust. Keitel then obtained an order permitting a writ of execution against the real estate held in the revocable trust in order to satisfy her judgment. The Heubels filed the instant appeal, challenging the trial court's order permitting the writ of execution. Keitel maintains this appeal is baseless and has sought sanctions for the filing of a frivolous appeal.

While this appeal was pending, the Heubels filed a petition seeking protection from creditors pursuant to Chapter 13 of the Bankruptcy Code. The Heubels and their appellate counsel now maintain that the bankruptcy petition precludes this court from making a decision in this case or from imposing any sanctions on them for their conduct during the pendency of this appeal. We hold the Heubels' federal bankruptcy case does not preclude us from imposing monetary sanctions against the Heubels…