In the Matter of: AVRAM MOSHE PERRY v. Chase Auto Finance; Key Auto Recovery

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In the Matter of: AVRAM MOSHE
PERRY,
Debtor,
AVRAM MOSHE PERRY,
Appellant,
v.
CHASE AUTO FINANCE; KEY AUTO
RECOVERY,
Appellees.
No. 12-55672
D.C. No. 2:12-cv-02599-R
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
Manuel L. Real, District Judge, Presiding
Submitted November 18, 2014**
Before: LEAVY, FISHER, and N.R. SMITH, Circuit Judges.
FILED
DEC 1 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).

-- 1 of 2 --

Avram Moshe Perry appeals pro se from the district court’s order dismissing
his interlocutory appeal of the bankruptcy court’s order denying “Debtor-Plaintiff’s
Notice and Motion for an Order to Show Cause; For Clarification; Why Remand
Order Not Be Dismissed, with a Stay and a Restraining Order; Request for Judicial
Notice.” We review de novo our own jurisdiction and whether a bankruptcy
court’s decision is final under 28 U.S.C. § 158(d). Silver Sage Partners, Ltd. v.
City of Desert Hot Springs (In re City of Desert Hot Springs), 339 F.3d 782, 787
(9th Cir. 2003). We dismiss.
The bankruptcy court’s order denying Perry’s motion is not a final decision
over which we have appellate jurisdiction. See United States v. Fowler (In re
Fowler), 394 F.3d 1208, 1211 (9th Cir. 2005) (discussing “pragmatic approach to
determining finality” of bankruptcy court orders and setting forth tests to determine
finality); see also Rains v. Flinn (In re Rains), 428 F.3d 893, 901 (9th Cir. 2005)
(this court has jurisdiction only when both the bankruptcy court order and the
decision of the district court acting in its bankruptcy appellate capacity are final
orders).
Perry’s motion to file supplemental excerpts of record, filed on July 12,
2013, is denied as moot. Perry’s requests for judicial notice are denied as moot.
DISMISSED.
12-55672 2

-- 2 of 2 --