United States Second Circuit

Because post-petition setoff would be particularly inappropriate where, as here, the transfer of property was fraudulent and the transferee acted neither in good faith nor with the authorization of the Bankruptcy Court, the District Court properly declined to award defendant a setoff.

Appellate Information

• Decided 10/24/2002
• Published 10/28/2002

Judges

• B.D. PARKER, JR., Circuit Judge., Before: VAN GRAAFEILAND, KEARSE, and B.D. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Norman Williams, Gravel and Shea, Burlington, VT (Heather A. Rider, Robert F. O'Neill, on the brief), for Defendant-Appellant., Andre D. Bouffard, Downs Rachlin Martin, P.C., Burlington, VT (Gleb Glinka, Glinka & Schwidde, Cabot, VT, on the brief), for Plaintiffs-Appellees and Plaintiff-Counter-Defendant-Appellee.