Welch

Filing 9

ORDER Directing Appellant to Pay Filing Fee Within 14 Days or Appeal Will be Dismissed. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MCHIGAN
SOUTHERN DIVISON
JACQUELINE WELCH,
Appellant,
v.

Bankruptcy Case No. 12-42708-WSD
Civil Case No. 2:14-cv-10783-PJD-MJH
Honorable Patrick J. Duggan

JOSEPH GRIMA,
Appellee.
_____________________________/
ORDER
Appellant Jacqueline Welch filed a Notice of Appeal on February 20, 2014
challenging United States Bankruptcy Judge Walter Shapero’s decision granting
post-confirmation attorney fees to Appellee Joseph Grima, Appellant’s former
attorney. Prior to the transmittal of the underlying action to this Court, Appellant
filed two separate motions in the bankruptcy court regarding the appellate filing
fee, including (1) a motion to proceed in the district court without prepaying fees
and costs and (2) a motion to allow the appeal fee to be paid in installments. Judge
Shapero found Appellant financially capable of paying the appellate filing fee and
ordered that it be paid on or before February 12, 2014. (1/14/14 Order, ECF No. 1
Pg ID 64 (“[T]he Court further orders that if Debtor desires to pursue said appeal,
Debtor shall pay the said fees. . . .”).) On the basis of this finding, Judge Shapero
denied both fee-related motions.

In the Notice of Transmittal of Complete Record Regarding Notice of
Appeal, the clerk of the bankruptcy court noted that Appellant had not paid the
filing fee. (2/19/14 Notice, ECF No. 1 Pg ID 1.) As of the date of this Order, the
filing fee has yet to be paid.
Federal Rule of Bankruptcy Procedure 8001(a) provides that “[a]n
appellant’s failure to take any step other than timely filing of a notice of appeal . . .
is ground only for such action as the district court . . . deems appropriate, which
may include dismissal of the appeal.” Fed. R. Bankr. P. 8001(a) (emphasis added).
Judge Shapero’s Order clearly provides that Appellant’s appeal was conditioned
upon the payment of the appellate filing fee. (1/14/14 Order, ECF No. 1 Pg ID
64.) No appellate filing fee has been paid and this Court will not permit Appellant
to flout the orders of the bankruptcy court. Because Appellant failed to take the
appropriate steps to perfect her appeal, her appeal is subject to dismissal pursuant
to Bankruptcy Rule 8001(a), as well as Eastern District of Michigan Local Rule
41.2, which provides that “when . . . the parties have taken no action for a
reasonable time, the court may, on its own motion after reasonable notice or on
application of a party, enter an order dismissing or remanding the case unless good
cause is shown.” E.D. Mich. L.R. 41.2.

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This Order, as well as Judge Shapero’s January 14, 2014 Order, serve as
reasonable notice apprising Appellate that the failure to pay the appellate filing fee
will result in the dismissal of her appeal.
Accordingly,
IT IS ORDERED that Appellant Jacqueline Welch remit the $293 appellate
filing fee to the United States Bankruptcy Court for the Eastern District of
Michigan within FOURTEEN (14) DAYS of receipt of this Order. If payment is
not made, Appellant’s appeal WILL BE DISMISSED.
Date:
_______________________________
PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE

Copies to:
Jacqueline Welch
26191 Pinehurst St., Apt. 102
Roseville, MI 48226
Joseph L. Grima, Esq.

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