United States First Circuit

A creditor in bankruptcy proceedings may waive a right of setoff expressly, or by implication where the creditor's conduct fairly demonstrates intent to waive, and waiver is not necessarily irrevocable unless estoppel is proper; appellate jurisdiction is found where a bankruptcy court's order clearly decided parties' dispute.

Appellate Information

• Decided 05/02/2002
• Published 05/02/2002

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, CAMPBELL, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Peter Sklarew, Attorney, Tax Division, Department of Justice, with whom Claire Fallon, Acting Assistant Attorney General, and D. Patrick Mullarkey, Acting Deputy Assistant Attorney General, were on brief for appellant.


• For Appellees:
  
• Debra K. Mayfield with whom Deborah J. Hart-Klein and Ruberto, Israel & Weiner, P.C. were on brief for appellee.