In Re Allustiarte, Debtor. Ben W. Allustiarte Linda M. Allustiarte, Debtors-Appellants v. United States Trustee W. Austin Cooper, Trustees-Appellees

62 F.3d 1423 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. In re ALLUSTIARTE, Debtor. Ben W. ALLUSTIARTE; Linda M. Allustiarte, Debtors-Appellants, v. UNITED STATES TRUSTEE; W. Austin Cooper, Trustees-Appellees. No. 94-15739. United States Court of Appeals, Ninth Circuit. Submitted June 15, 1995. * Decided Aug. 3, 1995. Before: GOODWIN, FARRIS and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 In this appeal, the Allustiartes contend that the bankruptcy court abused its discretion in approving the Settlement Agreement as to the Allustiarte Estate. The district court held that the appeal was moot, and in the alternative that the appeal failed on the merits. We affirm. 3 Because the Allustiartes' bankruptcy was filed prior to October 1, 1979, the Bankruptcy Act of 1898 as amended controls. Southwestern Media, Inc. v. Rau, 708 F.2d 419 , 421 n. 1 (9th Cir.1983). 4 The Allustiartes make numerous arguments in support of their contention that the bankruptcy court abused its…