Perry v. Key Auto Recovery (In Re Perry) , 471 F. App'x 739 ( 2012 )

FILED
NOT FOR PUBLICATION MAR 13 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
In re: AVRAM MOSHE PERRY, No. 11-60011
Debtor. BAP No. 10-1265
AVRAM MOSHE PERRY, MEMORANDUM *
Appellant,
v.
KEY AUTO RECOVERY; CHASE
AUTO FINANCE,
Appellees.
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Kirscher, Markell, and Pappas, Bankruptcy Judges, Presiding
Submitted March 6, 2012 **
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
Avram Moshe Perry appeals pro se from the Bankruptcy Appellate Panel’s
(“BAP”) order denying leave to appeal an interlocutory order of the bankruptcy
court setting aside the clerk’s entry of default in an adversary proceeding. We
dismiss.
We lack jurisdiction to review the bankruptcy court’s order setting aside the
entry of default because it is not an appealable final order. See Symantec Corp. v.
Global Impact, Inc., 559 F.3d 922, 923 (9th Cir. 2009) (order) (entry of default is
not a final appealable order); see also Silver Sage Partners, Ltd. v. City of Desert
Hot Springs (In re City of Desert Hot Springs), 339 F.3d 782, 787-88 (9th Cir.
2003) (no jurisdiction to review BAP’s exercise of discretion to construe appeal as
interlocutory).
DISMISSED.
2 11-60011