Lamanna
Lamanna v. Bank of America
Opinion
Lead Opinion
MEMORANDUM **
Appellant Thomson appeals a ruling of the Bankruptcy Appellate Panel (“BAP”) affirming the bankruptcy court’s order finding him in contempt of two prior orders granting preliminary and permanent injunctive relief. The bankruptcy court found Thomson in contempt for filing an action on behalf of Anniello, Inc. (“Anniello”) against Bank of America N.T. & S.A. (“the Bank”) regarding certain real property (“the Property”) at issue in the bankruptcy proceedings and for recording a lis pendens. The court concluded that these actions violated (1) its order granting preliminary injunctive relief to the Bank against Frank Lamanna (“Frank”), (2) its order granting permanent injunctive relief to the Bank’s affiliate against Carlos La-manna (“Carlos”) and Frank, and (3) the Agreement of Settlement and General Release (“Settlement Agreement”) between Frank, Carlos, their wives, and the Bank, which the bankruptcy court incorporated by reference in its injunctive orders.
Thomson argues that the contempt order must be vacated because neither order granting injunctive relief met the requirements of Fed.R.Civ.P. 65(d). He also contends that Anniello’s rights were not determined in…