Jones

Jones v. Schlosberg (In re Jones)

Good Law
178 F. App'x 662
United States Court of Appeals for the Ninth CircuitMay 2, 2006No. 05-55621; D.C. No. CV-04-00571-NMCalifornia700 words

Opinion

lead Opinion

MEMORANDUM **

Earl Jones appeals from a district court order that affirmed a default judgment issued by the bankruptcy court. The default judgment annulled Jones’s fraudulent transfers of real estate, enjoined Jones and his daughter from conveying the real estate, and held that the real estate was property of the bankruptcy estate. We affirm. 1

We must first address whether we have jurisdiction to hear this case, since Jones’s bankruptcy proceeding is not yet closed. Under 28 U.S.C. § 158 , while district courts may hear interlocutory appeals of bankruptcy court orders, circuit court jurisdiction is limited to appeals of final orders. See In re Rains, 428 F.3d 893 , 900-01 (9th Cir.2005). We apply a four-factor, pragmatic test to determine whether an order is final, considering: “(1) the need to avoid piecemeal litigation; (2) judicial efficiency; (3) 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.” Lundell v. Anchor Constr. Specialists, Inc., 223 F.3d 1035 , 1038 (9th Cir.2000).

Applying that test, we conclude that the order was final, and so we have jurisdiction to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.