Carey v. Charlie Y. Inc.
Opinion
Opinion
MEMORANDUM
Appellant Robert J. Carey appeals from the Bankruptcy Appellate Panel’s decision vacating the bankruptcy court’s dismissal of appellee Charlie Y.’s fee motion and remanding for a determination of the appropriate amount of attorneys’ fees. We dismiss the appeal for lack of jurisdiction because the BAP’s decision was not sufficiently final.
This court has jurisdiction over appeals from “all final decisions, judgments, orders, and decrees” entered by the BAP. 28 U.S.C. § 158 (d)(1). We have concluded that “final” for bankruptcy purposes under § 158(d)(1) may be interpreted more flexibly than “final” under 28 U.S.C. § 1291 . See Klestadt & Winters, LLP v. Cangelosi, 672 F.3d 809, 813 (9th Cir.2012). Thus, we generally apply the Vylene factors to determine finality, which consider: “(1) the need to avoid piecemeal litigation; (2) judicial efficiency; (3) the systemic interest in preserving the bankruptcy court’s role as the finder of fact; and (4) whether delaying review would cause either party irreparable harm.” Lakeshore, 81 F.3d 103 at 106 (citing In re Vylene Enters., Inc., 968 F.2d 887, 895-96 (9th Cir.1992)). We lack jurisdiction under these factors.