Stanback

*599 MEMORANDUM **

Foster and Coco Stanback (“the Stan-backs”) appeal from a decision of the Bankruptcy Appellate Panel (“BAP”), declining to give preclusive effect to a state arbitration award in a nondischargeability of debt proceeding.

Notwithstanding the BAP’s remand to the bankruptcy court for trial, this court can exercise jurisdiction over this appeal because we could dispose of the case and obviate the need for factfinding if we were to rule in the Stanbacks’ favor. See In re Bonner Mall Partnership, 2 F.3d 899, 904 (9th Cir.1993). This also potentially furthers the interests of judicial efficiency and avoids piecemeal litigation. See In re Padilla, 222 F.3d 1184, 1188 (9th Cir.2000). Nor will assuming jurisdiction encroach on the bankruptcy court’s role as factfinder, because, in this case, factual development is not necessary to the resolution of the issue preclusion debate, but actually a consequence of the way the BAP resolved that legal issue. See id. at 1189 .

On the merits, however, we agree with the BAP that all the elements of common law fraud were not necessarily decided in the underlying arbitration proceeding. The initial award stated only that “a credible…