United States First Circuit

Defendant's acceptance of gap payments was legal, as avoidance of the payments would have otherwise entitled defendant to full recovery of the gap proceeds under section 502(h) of the Bankruptcy Code.

Appellate Information

• Decided 07/12/2004
• Published 07/12/2004

Judges

• LEVIN H. CAMPBELL, Senior Circuit Judge., Before LIPEZ, Circuit Judge, CAMPBELL, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Charles R. Bennett, Jr. with whom Kathleen E. Cross, David C. Kravitz and Hanify & King, P.C. were on brief for appellants.


• For Appellees:
  
• Sabin Willett with whom Julie Frost-Davies, Rheba Rutkowski and Bingham McCutchen LLP were on brief for appellee.