UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

IN RE:

CHRISTOPHER D. WYMAN,

Case No. 14-13451

Debtor. Hon. Denise Page Hood

___________________________________

MICHELLE PICHLER,

(Bankruptcy Case No. 12-32264)

Appellant, (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

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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.

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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

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