Kismet Acquisition v. Alejandro Diaz-Barba

This appeal arises from contempt sanctions issued by the bankruptcy court against defendants Alejandro Diaz-Barba and Martha Margarita Barba De La Torre (collectively, the “Diazes”) for failing to transfer a Mexican coastal villa to plaintiff Kismet Acquisition, LLC. The district court confirmed that the Diazes’ conduct was sanctionable, but remanded for consideration of appropriate sanctions. The Diazes appealed the conclusion that their conduct was sanctionable, and Kismet cross-appealed part of the district court’s decision reversing the bankruptcy court.

We have jurisdiction pursuant to 28 U.S.C. § 158 (d)(1). Despite the district court’s partial remand to the bankruptcy court to recalculate the amount of fees and costs, immediate review is proper: this appeal concerns primarily legal questions regarding the propriety of the bankruptcy court’s contempt orders, the factfinding to be conducted by the bankruptcy court on remand is not related to a central issue raised on appeal, and the Panel’s decision might dispose of the case and obviate the need for factfinding. See In re Lehtinen, 564 F.3d 1052, 1057 (9th Cir.2009); In re Dyer, 322 F.3d 1178, 1187 (9th Cir.2003);…