Before: Miner, Raggi and Hall, C.JJ. Decided: April 8; 08-5268-bk(L); 08-5274-bk (CON)

DAVID M. GOSSETT, Richard Ben-Veniste, Mayer Brown LLP, Washington, D.C., for Appellants Sheldon H. Solow and Steven M. Cherniak

Joan M. Secofsky, Howard D. Ressler, Diamond McCarthy LLP, New York, NY, for Appellants Evergence Capital Advisors, Inc., and Sheila M. Gowen, Chapter 11 Trustee of Dreier LLP

RANDY M. MASTRO, Gibson Dunn & Crutcher LLP, New York, NY, for Appellees Peter S. Kalikow and Kalikow Real Estate Co.

Appeal from a judgment entered on September 30, 2008, in the United States District Court for the Southern District of New York (Batts, J.), affirming orders entered on June 21, 2004, and October 14, 2004, in the United States Bankruptcy Court for the Southern District of New York (Lifland, B.J.) that granted former-debtors appellees’ motion to reopen Chapter 11 proceedings, impose sanctions against appellants, and award costs and fees to appellees, the District Court having found that the Bankruptcy Court (1) did not err in proceeding by motion instead of an adversary proceeding; (2) had personal jurisdiction over appellants who were not initially named in appellees’ motion; and (3) did not abuse its discretion in imposing sanctions against appellants.