ABS. The bankruptcy court granted partial summary judgment to the Betacom Entities and ABS (collectively, the “Debtors”) and subordinated the Nugents’ breach of contract claim under 11 U.S.C. § 510(b). The district court reversed the decision of the bankruptcy court to subordinate the claim. The district court held that an actual purchase or sale of securities is necessary to trigger mandatory subordination under § 510(b) and that there was an issue of material fact as to whether there had been an actual purchase or sale of securities. The Debtors appeal the decision of the district court. 28 U.S.C. § 158(d) gives this Court jurisdiction over final orders of the district court rendered in its bankruptcy appellate capacity. See In re Adams Apple, Inc., 829 F.2d 1484, 1487 (9th Cir.1987) (<HOLDING>). The Nugents cross-appeal the bankruptcy
holding that a district court order subordinating the claims of some creditors is final holding that when a district court expressly grants leave to amend it is plain that the order is not final holding that dismissal of some but not all of the defendants who had been served with complaint is not a final order holding that a district court judgment is not a final judgment appealable by the defendant unless it includes the final adjudication and the final sentence holding that a bankruptcy order is not final unless it 1