IN RE: JOHN A. ROCCO CO. INC. (2017)

ORDER

1. Clerk's Submission for Possible Dismissal Due to a Jurisdictional Defect;

2. Response by Appellant in Opposition to Dismissal; and

3. Appellee Steven P. Kartzman's Response

Respectfully, Clerk/cjg

The appellant seeks review of the district court's December 29, 2014, order. That order affirmed the bankruptcy judge's finding that certain transfers were subject to avoidance but remanded for the bankruptcy judge to reconsider whether the appellant was merely a conduit for the transfers. After the adversary proceeding concluded in the bankruptcy court, the appellant took this appeal without first appealing to the district court.

This court has no jurisdiction until the district court enters a final order disposing of an appeal from a bankruptcy-court order. See 28 U.S.C. § 158(d)(1). The bankruptcy court's termination of the remand and adversary proceeding does not give this court jurisdiction. See State Bank of Spring Hill v. Anderson (In re: Bucyrus Grain Co.), 905 F.2d 1362, 1367 (10th Cir. 1990) (rejecting the appellant's argument that the district court's order “was not final until the bankruptcy court entered its decision on remand”). Except as provided by 28 U.S.C. § 158(d)(2)(A)—which is inapplicable to this case—this court has no jurisdiction to hear appeals taken directly from bankruptcy-court orders. See 28 U.S.C. § 158(d)(1).

This appeal is therefore DISMISSED.

By the Court,

Joseph A. Greenaway, Jr. Circuit Judge