USCA1 Opinion

September 16, 1996

[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS

FOR THE FIRST CIRCUIT
____________________

No. 96-1097

JAMES E. COFIELD, JR.,

Appellant,

v.

FIRST WISCONSIN TRUST COMPANY,

Appellee.

____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Richard G. Stearns, U.S. District Judge]

___________________

____________________

Before

Selya, Boudin and Stahl,

Circuit Judges.
______________

____________________

James E. Cofield, Jr. on brief pro se.

_____________________
Alan B. Rubenstein,
___________________

Mary L. Gallant
_________________

Brewster on brief for appellee.

________

and Rackemann, Sawyer

__________________

____________________

____________________

Per Curiam.
___________

Appellant

James E.

Cofield appeals

from

the

judgment

of

the

district

bankruptcy court's dismissal of

cause."

record

See 11
___

and the

court's judgment

U.S.C.

briefs

court

the

his chapter 11 petition "for

1112(b).

on appeal

for essentially

Memorandum and Order, dated

affirming

We

and

have reviewed

affirm the

district

the reasons stated

December 14, 1995.

We

the

in the

add only

two comments.

1.

and

rule

court was entitled to consider,

the

practicability

of

reorganization plan

in determining

whether

petition

on,

The bankruptcy

was filed in bad

See In re MacElvain, 160

___ ________________

(bankruptcy

court

appellant's proposed

his chapter

faith for purposes

B.R. 672 (Bankr.

reviewed,

and

found

of

11

1112(b).

M.D. Ala.

inadequate,

1993)

the

proposed reorganization plan in deciding whether to dismiss a

chapter 11

petition under

1112(b)),

aff'd, 180 B.R.

_____

670

(M.D. Ala. 1995).

2.

court's

appeal

As

for

the correctness

factual findings,

is that

there was

of

appellant's

no support

only

the

question of

findings.

Cir. 1995)

bankruptcy

contention

for such

"argued in the briefs in the district court."

lower court pleadings is

the

on

findings as

A reference to

insufficient to preserve for appeal

the correctness

of the

bankruptcy court's

See Gilday v. Callahan, 59 F.3d 257, 273 n.23 (1st

___ ______
________

(a reference

to arguments

-2-

made in the

district

court is

denied,
______

not sufficient to warrant

116 S.Ct. 1269

(1996).

appellate review), cert.

_____

Thus,

the issue on appeal.

Affirmed.
________

See Local Rule 27.1.

___

appellant has waived

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