Bankr. L. Rep. P 70,904 in the Matter of Arthur Wisz, Debtor. Arthur Wisz v. Roger W. Moister, Jr., 778 F.2d 762 (11th Cir. 1985). · Go Syfert
Bankr. L. Rep. P 70,904 in the Matter of Arthur Wisz, Debtor. Arthur Wisz v. Roger W. Moister, Jr., 778 F.2d 762 (11th Cir. 1985). Cases Citing This Book View Copy Cite
“final order is one which ends the litigation on the merits and leaves nothing for the court to do but execute judgment.”
22 citation events (8 in the last 25 years) across 9 distinct courts.
Strongest positive: Kelley v. Stone & Baxter, LLP (gamb, 2019-07-30) · Strongest negative: Woods v. Lindquist (In Re Woods) (bap8, 2003-02-03)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 14 distinct citers.
cited Cited "but see" Woods v. Lindquist (In Re Woods)
8th Cir. BAP · 2003 · signal: but see · confidence high
But See In re Wisz, 778 F.2d 762, 764 (11th Cir.1985) (holding that the denial of a claim of exemption is not final and not immediately appealable). 6 .
cited Cited "but see" Evalyn PREBLICH, Appellant, v. Kenneth BATTLEY, Appellee
9th Cir. · 1999 · signal: but see · confidence high
But see In re Wisz, 778 F.2d 762, 764 (llth Cir.1985) (holding that denial of a claim of exemption is not “final” and therefore not immediately appealable).
discussed Cited "but see" Darby v. McGregor (2×) also: Cited as authority (rule)
M.D. Ala. · 1997 · signal: but see · confidence high
See In re Huebner, 986 F.2d 1222 , 1223 n. 3 (8th Cir.1993)(citing cases holding exemption decisions to be final for purposes of § 158); but see Wisz, 778 F.2d 762 (holding exemption decision was not final order).
cited Cited "but see" In Re Glen H. Huebner, Debtor. Glen H. Huebner v. Farmers State Bank, Grafton, Iowa
8th Cir. · 1993 · signal: but see · confidence high
But see In re Wisz, 778 F.2d 762, 764 (11th Cir.1985). 4 .
cited Cited "but see" In The Matter Of Wesley R. England, Debtor
5th Cir. · 1992 · signal: but see · confidence high
But see In re Wisz, 778 F.2d 762, 763-64 (11th Cir.1985).
cited Cited "but see" England v. Federal Deposit Insurance
5th Cir. · 1992 · signal: but see · confidence high
But see In re Wisz, 778 F.2d 762, 763-64 (11th Cir.1985).
cited Cited "but see" England v. Federal Deposit Insurance (In Re England)
5th Cir. · 1992 · signal: but see · confidence high
But see In re Wisz, 778 F.2d 762, 763-64 (11th Cir.1985).
discussed Cited as authority (verbatim quote) Kelley v. Stone & Baxter, LLP
Bankr. M.D. Ga. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
final order is one which ends the litigation on the merits and leaves nothing for the court to do but execute judgment.
examined Cited as authority (rule) Michael Valone v. Jon Waage (3×) also: Cited "see"
11th Cir. · 2015 · confidence medium
Based on these indicia of finality, it is clear that the district court order “end[ed] the litigation on the merits and [left] nothing for the court to do but execute [the] judgment.” See Wisz, 778 F.2d at 764 (internal quotation marks omitted).
discussed Cited as authority (rule) H.L. Blachford, Ltd. v. Bowers-Siemon Chemicals Co. (In Re Bowers-Siemon Chemicals Co.)
N.D. Ill. · 1991 · confidence medium
While some circuits have applied this traditional definition of finality to bankruptcy appeals, see In re Wisz, 778 F.2d 762, 764 (11th Cir.1985); In re Sun Valley Foods Co., 801 F.2d 186 , 189 (6th Cir.1986), the Seventh Circuit has suggested that “finality” is to be more liberally construed in bankruptcy cases than in other civil cases.
cited Cited as authority (rule) In Re RED CARPET CORPORATION OF PANAMA CITY BEACH, Debtor. Jimmy HATCHER, Petitioner-Appellant, v. John MILLER, Respondent-Appellee
11th Cir. · 1990 · confidence medium
T & B Scottdale Contractors, Inc. v. United States, 815 F.2d 1425 , 1427 n. 7 (11th Cir.1987); In re Wisz, 778 F.2d 762, 764 (11th Cir.1985) (per curiam). 6 .
discussed Cited as authority (rule) Auto Dealers Group v. Auto Dealer Services, Inc. (In Re Auto Dealer Services, Inc.)
M.D. Fla. · 1987 · confidence medium
An order is final when it “ends the litigation on the merits and leaves nothing for the court to do but execute judgment.” Matter of Wisz, 778 F.2d 762, 764 (11th Cir.1985) (citing Catlin v. U.S., 324 U.S. 229, 233 , 65 S.Ct. 631, 633 , 89 L.Ed. 911 (1945)); Caradelis v. Refineria Panama, S.A., 384 F.2d 589, 591 (5th Cir.1967) (“only when nothing save ministerial tasks relating to computation of damages remains can a mere determination of liability be construed as a ‘final determination’ ”); see Stong v. Bucyrus-Erie Co., 476 F.Supp. 224, 225 (E.D.Wis.1979) (“there is abundant au…
discussed Cited "see" Advance Credit, Inc. v. Ronny Gamboa
11th Cir. · 2019 · signal: see · confidence high
See Wisz v. Moister (In re Wisz), 778 F.2d 762, 764 (11th Cir. 1985) (explaining that the collateral order doctrine allows immediate appeal from orders that are “independent from the substance of the other claims in the action” where “prompt review is necessary to protect important interests of any party”). 13 Case: 18-14367 Date Filed: 08/19/2019 Page: 14 of 15 II.
cited Cited "see" Traci K. Stevenson v. James v. Uttermohlen
11th Cir. · 2013 · signal: see · confidence high
See Wisz v. Moister (In the Matter of Wisz), 778 F.2d 762, 764 (11th Cir. 1985); Growth Realty Cos. v. Regency Woods Apts.
In the Matter of Arthur WISZ, Debtor. Arthur WISZ, Plaintiff-Appellant,
v.
Roger W. MOISTER, Jr., Defendant-Appellee
84-8757.
Court of Appeals for the Eleventh Circuit.
Dec 23, 1985.
778 F.2d 762
Charles A. Thomas, Jr., Temple, Ga., for plaintiff-appellant., Roger W. Moister, Jr., Trustee, Atlanta, Ga., for defendant-appellee.
Godbold, Ro-Ney, Anderson.
Cited by 15 opinions  |  Published
PER CURIAM:

Wisz seeks review of the district court’s affirmance of an order of the bankruptcy court holding that property of his estate was not exempt. We dismiss for lack of jurisdiction.

I. BACKGROUND

Wisz filed a Chapter 7 bankruptcy petition on October 25, 1982. In February 1983 he received $12,956.56 from a pension and profit sharing plan maintained by his former employer. The trustee of Wisz’s estate learned of this payment and directed the administrator of the' pension and profit sharing plan to pay the trustee the remainder of the amounts owing Wisz. The administrator complied and paid $8,440.85 to the trustee.

On June 27, 1988 Wisz amended his schedule to include the monies received under the plan. He then claimed that these payments were exempt property under Georgia law [1] and therefore exempt under federal bankruptcy law. See 11 U.S.C. § 522(b) (allowing debtor to elect state law exemptions). The trustee objected to this claim of exemption. After a hearing the bankruptcy court held that the payments were not exempt under Georgia law because they were not “reasonably necessary” for the support of appellant and his wife. [2] . In the alternative the bankruptcy court ruled that Wisz had waived any right he had to exempt these payments because he had attempted to conceal from the trustee the money he received under the plan. The district court affirmed the bankruptcy court’s decision on both grounds.

II. JURISDICTION

Congress has granted this court jurisdiction over bankruptcy appeals only where the appeal is from a final order. See Providers Benefit Life Insurance Co. v. Tidewater Group, Inc. (In re Tidewater), 734 F.2d 794, 795 (11th Cir.1984); International Horizons, Inc. v. Committee of Unsecured Creditors (In re International Horizons), 689 F.2d 996, 1000 (11th Cir.[*764] 1982). [3] In determining what is a final order in a bankruptcy appeal this court consistently has applied the final-order jurisprudence developed under 28 U.S.C. § 1291. See In re International Horizons, 689 F.2d at 1000 n. 6. Under this jurisprudence a final order is “one which ends the litigation on the merits and leaves nothing for the court to do but execute judgment.” Catlin v. U.S., 324 U.S. 229, 233, 65 S.Ct. 631, 633, 89 L.Ed. 911; In re Tidewater, 734 F.2d at 795-96. Measured against this standard the district court’s affirmance of the decision of the bankruptcy court falls far short of being a final order. Even Wisz does not suggest that the bankruptcy court’s role in this litigation is at an end.

Although the district court’s order is not final within the definition set forth in Cat-lin courts in applying 28 U.S.C. § 1291 have fashioned an exception to Catlin’s seemingly absolute language. In Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949) the Supreme Court held that a court could review under 28 U.S.C. § 1291 an order that would normally be considered interlocutory if (1) the order is independent from the substance of the other claims in the action, (2) prompt review is necessary to protect important interest of any party; and (3) the reviewing court examines the first two requirements in light of practical, as opposed to technical, considerations. See In re Tidewater, 734 F.2d at 796-97.

The order in this case does not fall within the narrow ambit of the Cohen doctrine because Wisz has not shown that prompt review is necessary to protect his interests. The bankruptcy court found that Wisz had no immediate need for the money in question, his monthly income met his monthly expenses, and the money he had received directly from the pension plan had been put in a bank account and never used to meet current expenses. These findings are not clearly erroneous. See U.S. v. Gypsum Co., 333 U.S. 364, 395, 68 S.Ct. 525, 542, 92 L.Ed. 746 (1948). Thus, Wisz will not be harmed by reserving his appeal on this issue until this court has a final order before it.

The appeal is DISMISSED.

1

. Ga.Ann.Code 44-13-100(a)(2)(E) (1982) provides:

[A]ny debtor who is a natural person may exempt, pursuant to this article, for purposes of bankruptcy_ [a] payment under a pension, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for the support of the debtor or any dependent of the debtor.
2

. See id.

3

. Although these cases were decided under the predecessor of 28 U.S.C. 158, we find no evidence either in the language of the statute or in the relevant congressional history indicating that Congress wished to expand this court’s jurisdiction over bankruptcy appeals. In fact, Congress narrowed our jurisdiction by no longer allowing parties, upon mutual agreement, to appeal directly to this court from a final order of the bankruptcy court. Compare 28 U.S.C. § 158 with 28 U.S.C. § 1293.