John Wolfe v. Frank D'Errico

MEMORANDUM

John M. Wolfe, Chapter 7 Trustee for the bankruptcy estate of Transact, Inc. (“Transact”), appeals the district court’s judgment, which affirmed in part, reversed in part, and remanded the case for further proceedings. In light of the district court’s ruling, we dismiss the appeal for lack of jurisdiction.

We address the issue of jurisdiction sua sponte. See In re Landmark Fence Co., 801 F.3d 1099, 1102 (9th Cir. 2015). To determine whether we have jurisdiction over an appeal from a decision “involving a remand to the bankruptcy court[,]” we consider the following four factors: “(1) the need to avoid piecemeal litigation; (2) judicial efficiency; (3) the systemiet interest in preserving the bankruptcy court’s role as the finder of fact; and (4) whether delaying review would cause either party irreparable harm.” In re Perl, 811 F.3d 1120, 1126 (9th Cir. 2016) (citing In re Landmark Fence Co., 801 F.3d at 1101-02 ). In this case, all four factors weigh against exercising jurisdiction.

First, the risk of piecemeal litigation is significant because the district court remanded for non-computational tasks. See In re Landmark Fence Co., 801 F.3d at 1103 (finding a…