Birch v. Choinski

USCA1 Opinion

      [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]

                 United States Court of Appeals

                     For the First Circuit











Misc. No. 98-9001





        IN RE: EDWARD J. CHOINSKI AND MILDRED B. CHOINSKI,



                             Debtors.





                       RICHARD J. BIRCH,



                           Appellant,



                               v.



                  EDWARD J. CHOINSKI, ET AL.,



                           Appellees.







APPEAL FROM THE UNITED STATES BANKRUPTCY APPELLATE PANEL

OF THE FIRST CIRCUIT







                             Before



                      Selya, Circuit Judge,

                Campbell, Senior Circuit Judge,

                   and Boudin, Circuit Judge.









     Richard J. Birch on brief pro se.

     Richard S. Hackel on brief for debtors/appellees Edward J.

Choinski and Mildred B. Choinski.











July 6, 1998







                                     Per Curiam.  Upon careful review of the briefs and

    record, we conclude that this appeal has no merit.  We reach

    this conclusion essentially for the reasons stated by the

    Bankruptcy Appellate Panel in its memorandum of decision dated

    November 18, 1997:  appellant waived any appellate claim about

    the form of the bankruptcy court proceedings, and in any event

    we perceive no abuse of the bankruptcy court's discretion in

    that regard; appellant has no standing to pursue the substance

    of the claim that he previously assigned to the corporation's

    bankruptcy trustee; and the bankruptcy court properly dismissed

    appellant's remaining claims under Massachusetts law.

              Affirmed.  See 1st Cir. Loc. R. 27.1.