United States First Circuit

Deductions for a portion of overpayments defendant made to plaintiff constitute recoupment, not a setoff, and therefore are not barred by the automatic stay.

Appellate Information

• Decided 06/08/2004
• Published 06/08/2004

Judges

• CYR, Senior Circuit Judge., Before SELYA, Circuit Judge, CYR, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Paul R. Salvage, with whom Justin H. Dion and Bacon & Wilson, P.C. were on brief for appellant., Eugene B. Berman, J.D., Kerry David Strayer, and Kamberg, Berman, P.C. on brief for Official Unsecured Creditors' Committee.


• For Appellees:
  
• Karen L. Goodwin, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.