[NOT FOR PUBLICATION]
UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT
No. 97-9006
IN RE:
Moorhead Corporation, MLX Corporation & First
Heidie's Inc.
Debtors.
MARIA HILL,
Appellant.
v.
JOHN A. BURDICK, JR.,
Chapter 7 Trustee,
and Friends of Russells Mills, Inc.,
Appellees.
APPEAL FROM THE BANKRUPTCY APPELLATE PANEL
OF THE FIRST CIRCUIT
Before
Torruella, Chief Judge,
Selya and Stahl, Circuit Judges.
Maria K. Hill on brief pro se.
Burdick & DiLeo, P.C. on brief for appellee John A. Burdick, Jr.,
Chapter 7 Trustee.
Robert A. Fasanella, Peter A. Wilson and Fasanella, Johnson &
Wood, P.C. on brief for appellees, Friends of Russells Mills, Inc.
FEBRUARY 4, 1998
Per Curiam. We have carefully reviewed the record and
briefs on appeal and affirm the judgment of the bankruptcy
court. The only issue raised below, thus the only issue
properly before us, is whether the bankruptcy court abused
its discretion in approving the compromise, given appellant's
offer to purchase the state action for a larger gross sum.
In re LaRoche, 969 F.2d 1299, 1305 (1st Cir. 1992). At the
time the compromise was approved, the record showed that
conveying the cause of action to appellant, rather than
compromising the action, would subject the bankruptcy estate
to risk of indeterminate magnitude. Under the circumstances,
the bankruptcy court did not abuse its discretion in
determining that it would not be in the best interests of the
estate to accept such risk. Jeffrey v. Desmond, 70 F.3d 183,
185 (1st Cir. 1995); Depoister v. Holloway Foundation, 36
F.3d 582 (7th Cir. 1994).
Affirmed. Loc. R. 27.1.
-2-
In Re: v. Hill
Combined Opinion