Spirtos

MEMORANDUM **

In what may be the longest running personal bankruptcy case in this Circuit, R. Todd Neilson acts as the trustee (the “Trustee”) of the bankruptcy estate (the “Estate”) of Thelma Spirtos (“Thelma”). On July 9, 2003, the Trustee brought an adversary proceeding (the “Adversary Proceeding”) against Thelma, her mother Polymnia Vouis (“Vouis”), and her daughter, Michelle Spirtos (“Michelle”) (collectively, the “Appellants”) in the bankruptcy court to determine, inter alia, the Estate’s interest in a particular piece of real property (“Parcel Two”). The Trustee sought discovery from Appellants in the Adversary Proceeding, but Appellants would not submit to examinations. On June 20, 2004, the Trustee moved, inter alia, for the imposition of discovery sanctions pursuant to Federal Rule of Civil Procedure 37 and Federal Rule of Bankruptcy Procedure 7037 (“Motion for Discovery Sanctions”). On July 28, 2004, the bankruptcy court heard the Motion for Discovery Sanctions. On August 13, 2004, the bankruptcy court entered an order granting the Motion for Discovery Sanctions, striking Appellants’ answer, entering default, and requiring the Trustee to prove up the case.

On…