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`UNITED STATES BANKRUPTCY COURT
`EASTERN DISTRICT OF NEW YORK
`X
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`In re:
`Michael Krichevsky Case No. 22-71045-AST
`Chapter 11
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`Debtor.
`X
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`ORDER GRANTING MOTIONS FOR CIVIL CONTEMPT, FOR INJUNCTIVE
`RELIEF AND TO QUASH SUBPOENAS FILED BY THE DEBTOR
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`WHEREAS, on June 15, 2022, the Court entered its Contested Matter Scheduling Order
`[Dkt. Item 286], which set forth the procedures with respect to certain motions pending before
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`the Court and to be heard on July 18, 2022, at 10:00 a.m. ET; and
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`WHEREAS, on June 30, 2022, the Court entered its Amended Contested Matter
`Scheduling Order [Dkt. Item 294], adjourning the July 18, 2022, hearing to July 28, 2022, at 1:00
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`p.m. ET; and
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`WHEREAS, on July 22, 2022, Select Portfolio Servicing, Inc. as servicer for U.S. Bank
`NA, successor trustee to Bank of America, NA, successor in interest to LaSalle Bank NA, on
`behalf of the holders of the WaMu Mortgage Pass-Through Certificates, Series 2005-AR15
`(“SPS”) filed its Emergency Motion On Shortened Notice For a Civil Contempt, For a
`Permanent Injunction, to Quash Subpoenas Filed by the Debtor on July 21, 2022 and for
`Shortened Notice (the “SPS Motion”) [Dkt. Item 310] in connection with trial subpoenas
`purportedly served on Shari Barak, Esq. [Dkt. Item 306] and Robert W. Griswold, Esq. [Dkt.
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`Item 308], both counsel of record for SPS; and
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`WHEREAS, on July 25, 2022, Wells Fargo Bank, N.A. (“Wells Fargo”), as Servicing
`Agent for U.S. Bank National Association, as Trustee for Banc of America Funding Corporation
`Mortgage Pass-Through Certificates, Series 2006-F, and the Bank Defendants (as defined
`therein) filed their motion to join the SPS Motion (the “WF Motion”) [Dkt. Items 315, 316] in
`connection with a trial subpoena purportedly served on James N. Faller, Esq. [Dkt. Item 307],
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`counsel of record for Wells Fargo and the Bank Defendants; and
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`WHEREAS, on July 27, 2022, Elipiniki M. Bechakas, Esq. (“Bechakas”) filed her
`Emergency Motion on Shortened Notice to Quash Subpoena Filed by the Debtor on July 25,
`2022, and For Shortened Notice (the “Bechakas Motion” and, together with the SPS Motion and
`the WF Motion, the “Contempt Motions™) [Dkt. No. 319] in connection with a trial subpoena
`purportedly relating to Bechakas [Dkt. No. 312] as a non-party in the bankruptcy proceeding;
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`and
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`WHEREAS, on July 28, 2022, the Court held a hearing (the “Hearing’’) on, among other
`things, the Contempt Motions, at which SPS, Wells Fargo and the Bank Defendants, and
`Bechakas appeared through their respective counsel of record and were heard on the Contempt
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`Motions; and
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`WHEREAS, Michael Krichevsky (the “Debtor”) failed to appear at the Hearing; and
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`WHEREAS, oral argument having taken place at the Hearing, and all parties were given
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`an opportunity to be heard and all submissions considered; and
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`NOW THEREFORE, after due deliberation and for the reasons stated on the record at the
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`Hearing, it is hereby
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`ORDERED, that the Contempt Motions are granted to the extent set forth herein and for
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`the reasons set forth on the record at the Hearing; and it is further
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`ORDERED, that the subpoenas served or purported to be served on counsel of record
`Shari Barak, Esq., Robert Griswold, Esq. and James N. Faller, Esq., and on non-party Elipiniki M.
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`Bechakas, Esq., are quashed; and it is further
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`ORDERED, that Debtor is in contempt of the Court’s May 28, 2021, Order [Dkt. Item
`124] and June 15, 2021, Order [Dkt. Item 146] for the attempted personal service of subpoenas on
`counsel of record Shari Barak, Esq., Robert Griswold, Esq. and James N. Faller, Esq.; and it is
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`further
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`ORDERED, that, as an initial sanction for the aforementioned contempt, within thirty
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`(30) days of entry of this Order, Debtor shall remit to each of Shari Barak, Esq., Robert
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`Griswold, Esg. and James N. Faller, Esq. payment in the amount of $500.00 in the form of
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`a money order or bank check, which payment shall be MAILED to the respective office of
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`Shari Barak, Esq., Robert Griswold, Esq. and James N. Faller, Esq., as indicated on the Court’s
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`docket in this case; and it is further;
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`ORDERED, that, without prejudice to the proscriptions in place in the May 28, 2021, and
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`June 15, 2021, Orders, Debtor is temporarily restrained from serving or delivering subpoenas,
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`process or any other filing or correspondence in connection with this case to, or otherwise
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`personally appearing at, the residences of Shari Barak, Esq., Robert Griswold, Esq. and
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`James N. Faller, Esq.; and it is further
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`ORDERED, that the July 28, 2022, hearing is continued to August 30, 2022, at
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`10:00 a.m. ET for the consideration of additional sanctions against Debtor (the “Continued
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`Hearing”); and it is further
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`ORDERED, that, at the Continued Hearing, Shari Barak, Esq., Robert Griswold, Esq. and
`James N. Faller, Esq. may proffer to the Court supplemental submissions in support of further
`sanctions to be imposed on the Debtor for his contempt of the May 28, 2021, and June 15,
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`2021, Orders; and it is further
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`ORDERED, that Shari Barak, Esq., Robert Griswold, Esq. and James N. Faller, Esq. have
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`until August 11, 2022, to submit supplemental pleadings requesting that the TRO be extended
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`through the Continued Hearing; and it is further
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`ORDERED, that the Court reserves jurisdiction to rule on the balance of the Contempt
`Motions and further sanctions in connection therewith, including dismissing the above-captioned
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`bankruptcy case with prejudice.
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`oA i
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`Alan S. Trust
`Chief United States Bankruptcy Judge
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`Dated: August 8, 2022
`Central Islip, New York
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