In re: SCHWARZ PUBLISHING, INC., DBA San Diego Jewish Times v. GERALD H. DAVIS, Chapter 7 Trustee, and SCHWARZ PUBLISHING, INC.

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
In re: SCHWARZ PUBLISHING, INC.,
DBA San Diego Jewish Times,
Debtor.
HAIDEE JOY,
Appellant,
v.
GERALD H. DAVIS, Chapter 7 Trustee,
and SCHWARZ PUBLISHING, INC.,
Appellees.
No. 09-60036
BAP No. 09-1032-PaRMo
MEMORANDUM*
Appeal from the Ninth Circuit
Bankruptcy Appellate Panel
Pappas, Riegle, and Montali, Bankruptcy Judges, Presiding
Submitted September 13, 2010**
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
FILED
OCT 06 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-60036 2
Haidee Joy appeals pro se from the judgment of the Bankruptcy Appellate
Panel (“BAP”) affirming the bankruptcy court’s order approving the Chapter 7
trustee’s settlement of a potential preference claim against Michael J. Schwarz and
allowing the abandonment of the debtor company’s records. We have jurisdiction
pursuant to 28 U.S.C. § 158(d). We review the bankruptcy court’s decision
independently, State Bar v. Findley (In re Findley), 593 F.3d 1048, 1049 (9th Cir.
2010), and we affirm.
Contrary to Joy’s contention, the bankruptcy court did not abuse its
discretion by approving the settlement because the facts in the record establish that
the compromise was fair, reasonable, equitable, and adequate. See Martin v. Kane
(In re A & C Props.), 784 F.2d 1377, 1380-81 (9th Cir. 1986) (explaining the
standard for the bankruptcy court’s approval of a compromise).
In addition, the bankruptcy court did not abuse its discretion by allowing the
trustee to abandon certain business records because their storage was burdensome
to the estate and they were of inconsequential value, especially considering that the
trustee made copies of the documents that are necessary to the administration of
the estate and gave Joy an opportunity to examine the records prior to
abandonment. See 11 U.S.C. § 554(a); Johnston v. Webster (In re Johnston), 49
F.3d 538, 540 (9th Cir. 1995) (explaining that § 554(a) permits abandonment upon

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a showing that the property is of inconsequential value or is burdensome to the
estate).
We do not consider the issues that Joy failed to raise in the bankruptcy court,
including her employment classification with the debtor company and the
administration of the company’s pension plan. See 28 U.S.C. § 158(d)(1); 28
U.S.C. § 1291; Smith v. Marsh, 194 F.3d 1045, 1052 n.5 (9th Cir. 1999).
Joy’s request to strike the trustee’s answering brief is denied.
AFFIRMED.

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