Wyman

Filing 20

ORDER Dismissing Appeal from Bankruptcy Court and Closing Action. Signed by District Judge Denise Page Hood. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
IN RE:
CHRISTOPHER D. WYMAN,
Case No. 14-13451
Hon. Denise Page Hood

Debtor.
___________________________________
MICHELLE PICHLER,
Appellant,

(Bankruptcy Case No. 12-32264)
(Adv. Proc. No. 12-03348)

v.
MICHAEL A. MASON, TRUSTEE,
Appellee.
______________________________________/

ORDER DISMISSING APPEAL FROM BANKRUPTCY COURT
and CLOSING ACTION
On September 5, 2014, Appellant Michelle Pichler filed a Notice of Appeal
from the Bankruptcy Court. (Doc. No. 1) On October 14, 2014, the Court issued an
Order to Show Cause Why This Case Should Not be Dismissed for Failure to
Prosecute. Appellant Pichler filed a response indicating the Order to Show Cause
should be dissolved and that the matter be remanded to the Bankruptcy Court for
consideration of her Motion to Set Aside Default Judgment filed before the
Bankruptcy Court. Appellee Trustee Michael A. Mason filed a reply indicating that

Appellant Pichler’s response sets forth no reason as to why she did not file an appeal
brief in this action.
Based on the parties’ submissions, the Court finds that Appellant Pichler has
no intention to prosecute her appeal at this time in light of the fact that she has filed
further motions before the Bankruptcy Court. For that reason, the Court dismisses the
appeal.
In addition, the Court dismisses the appeal because the entry of the default
judgment appealed from is not a final order since not all of the claims have been
adjudicated. Under 28 U.S.C. § 158(a)(1), district courts have jurisdiction over
appeals from “final judgments, orders, and decrees” of bankruptcy courts. “For
purposes of appeal, an order is final if it ends the litigation on the merits and leaves
nothing for the court to do but execute the judgment.” In re Janna W. Cundiff, 227
B.R. 476, 477 (6th Cir. BAP 1998). This is clearly not the case in this bankruptcy
action. Appellant Pichler admittedly filed a Motion to Set Aside Default Judgment
before the Bankruptcy Court. In addition, there are other claims in the underlying
adversary proceeding which has not been adjudicated. (See, Case No. 14-13047, E.D.
Mich.) This Court has no jurisdiction over the default judgment appealed from by
Appellant Pichler since said default judgment does not end the litigation on the merits.
The Court dismisses the appeal for this additional reason.
2

Accordingly,
IT IS ORDERED that the Notice of Appeal From Bankruptcy Court (Doc. No.
1) is DISMISSED for lack of prosecution and lack of jurisdiction. This action is
designated CLOSED on the Court’s docket.
IT IS FURTHER ORDERED that the Motion to Strike Issues and Items in
Record on Appeal (Doc. No. 6), the Motion for Bond to Terminate/Modify Stay on
Appeal (Doc. No. 11) and the Motion for Leave to File Surreply to DE 17 (Doc. No.
18) are MOOT.

S/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: July 31, 2015
I hereby certify that a copy of the foregoing document was served upon counsel of
record on July 31, 2015, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

3