Grayson

U.S. Department of Labor v. Grayson

Good Law
125 F. App'x 784
United States Court of Appeals for the Ninth CircuitFebruary 25, 2005No. 03-35760; D.C. No. CV-03-01208-GMKCalifornia1,237 words

Opinion

Lead Opinion

MEMORANDUM **

The United States Department of Labor (DOL) appeals from the district court’s order terminating withdrawal of reference and referring appellee Barclay Grayson’s Chapter 13 proceedings to the bankruptcy court. Because the parties are familiar with the background facts of the case, we restate them only to the extent necessary for this disposition.

A. Appellate Jurisdiction

Earlier in this appeal, we issued an order to show cause why we should not dismiss the appeal for lack of jurisdiction *786 under 28 U.S.C. § 158 , citing two 1990 opinions in which we held that “an order denying a motion to dismiss a debtor’s petition is not final.” Dunkley v. Rega Props., Ltd. (In re Rega Props., Ltd.), 894 F.2d 1136, 1138-39 (9th Cir.1990); Allen v. Old Nat’l Bank of Wash. (In re Allen), 896 F.2d 416, 418 (9th Cir.1990). However, since the Rega Properties and Allen decisions, we have articulated a four-factor “pragmatic test” for assessing the finality of orders in bankruptcy proceedings, see, e.g., Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035 , 1038 (9th Cir.2000), and we have applied this test in procedural settings similar to that in the present case, see,…

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