
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        September 16, 1996      [NOT FOR PUBLICATION]                            UNITED STATES COURT OF APPEALS                                FOR THE FIRST CIRCUIT                                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  and Rackemann,  Sawyer  &            ___________________   _________________      _____________________        Brewster on brief for appellee.        ________                                 ____________________                                 ____________________                      Per  Curiam.   Appellant  James E.  Cofield appeals                      ___________            from  the  judgment  of  the  district  court  affirming  the            bankruptcy court's dismissal of  his chapter 11 petition "for            cause."   See 11  U.S.C.    1112(b).   We  have reviewed  the                      ___            record  and the  briefs  on appeal  and  affirm the  district            court's judgment  for essentially  the reasons stated  in the            Memorandum and Order, dated  December 14, 1995.  We  add only            two comments.                      1.  The bankruptcy  court was entitled to consider,            and  rule  on,  the  practicability  of  appellant's proposed            reorganization plan  in determining  whether  his chapter  11            petition  was filed in bad  faith for purposes  of   1112(b).            See In re  MacElvain, 160  B.R. 672 (Bankr.  M.D. Ala.  1993)            ___ ________________            (bankruptcy   court  reviewed,  and   found  inadequate,  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.    As  for  the correctness  of  the  bankruptcy            court's  factual findings,  appellant's  only  contention  on            appeal  is that  there was  no support  for such  findings as            "argued in the briefs in the district court."  A reference to            lower court pleadings is  insufficient to preserve for appeal            the  question of  the correctness  of the  bankruptcy court's            findings.  See Gilday v. Callahan, 59 F.3d 257, 273 n.23 (1st                       ___ ______    ________            Cir. 1995)  (a reference  to arguments  made in the  district                                         -2-            court is  not sufficient to warrant  appellate review), cert.                                                                    _____            denied,  116 S.Ct. 1269  (1996).  Thus,  appellant has waived            ______            the issue on appeal.                      Affirmed.  See Local Rule 27.1.                      ________   ___                                         -3-
