United States District Court, E.D. Michigan, Southern Division
In re Craig S. Romanzi, Debtor.
Fieger & Fieger P.C., et al., Appellees. Kenneth A. Nathan Appellant,
States Magistrate Judge R. Steven Whalen
OPINION AND ORDER DENYING PLAINTIFF-APPELLANT'S
APPLICATION FOR LEAVE TO APPEAL 
Gershwin A. Drain United States District Court Judge
case stems from an involuntary bankruptcy proceeding filed
against Craig S. Romanzi (“Debtor”) on March 16,
2016. The bankruptcy trustee of Romanzi, Kenneth A. Nathan
(“Plaintiff-Appellant” or “Trustee”)
seeks recovery of an attorney fee that he alleges Fieger
& Fieger, P.C. and Geoffrey N. Fieger
(“Defendants-Appellees”) wrongfully retained.
Plaintiff-Appellant claims the attorney fee is an asset of
the bankruptcy estate.
filed a notice of appeal with the Bankruptcy Court on July
13, 2017. Dkt. No. 1, p. 1 (Pg. ID 1).
Plaintiff-Appellant's appeal concerns the Bankruptcy
Court's June 29, 2017 order denying
Plaintiff-Appellant's Renewed Motion for Summary
preliminary matter, the Court must rule on
Plaintiff-Appellant's Motion for Leave to Appeal the
Bankruptcy Court's interlocutory order. Dkt. No. 1, pp.
7- 34 (Pg. ID 7-34). Upon review of the pleadings, the Court
finds that oral argument will not aid in the disposition of
this matter. Accordingly, the Court will decide the matter on
the submitted brief. See E.D. Mich. L.R. 7.1(f)(2).
For the reasons stated below, the Court
DENIES Plaintiff-Appellant's Motion for
Leave to Appeal , and DISMISSES and
REMANDS these proceedings to the United
States Bankruptcy Court for the Eastern District of Michigan.
Factual And Procedural Background
Court previously recited the facts pertinent to this case in
the several other appeals brought by parties in this
bankruptcy proceeding. See In re Romanzi, No.
16-CV-13986, 2017 WL 395289, at *1-2 (E.D. Mich. Jan. 30,
2017), reconsideration denied, No. 16-CV-13986, 2017
WL 1130091 (E.D. Mich. Mar. 27, 2017). For the sake of
brevity, the Court will not repeat them again here.
jurisdiction of a district court to hear appeals from
bankruptcy courts is conferred by 28 U.S.C. § 158(a),
(a) The district courts of the United States shall have
jurisdiction to hear appeals
(1) from final judgments, orders, and decrees;
(2) from interlocutory orders and decrees issued under
section 1121(d) of title 11 increasing or reducing the time
periods referred to ...