Hurt

MEMORANDUM **

Appellant Wakefield Properties, Ltd. (Wakefield) filed in bankruptcy court a claim of lien on proceeds secured by the sale of appellee Hurt’s house, upon which Wakefield claims to hold a deed of trust. Hurt contended that the deed of trust was void for lack of consideration and that a 1990 bankruptcy court judgment barred Wakefield’s claim. The bankruptcy court denied the claim on the sole ground that Wakefield produced no note as evidence of the alleged debt underlying the deed of trust. Hurt v. Varbel, No. 85-3802 (Bankr.D.Ariz. Dec. 20,1999).

The district court reversed on appeal, concluding that the bankruptcy court had clearly erred in finding no evidence of the *824 debt, as the record contained a promissory note for the deed of trust. Wakefield Prop., Ltd. v. Hurt, No. CIV 00-221 (D.Ariz. Aug. 28, 2000). The district court remanded the case to the bankruptcy court for further consideration, including fact finding and determinations as to whether Hurt should prevail on any of her several alternative theories of the case. Wakefield appeals the district court’s order, arguing that the remand improperly affords Hurt a second trial before the bankruptcy court on…