Legal Opinion

Pawtucket Credit Union v. Boyajian

Bankruptcy Appellate Panel of the First Circuit

Decided March 31, 2015No. BAP Nos. 14-049, 14-051; Bankruptcy No. 08-12571-DFPublishedCited by 4 opinions

1Opinion of the Court

CARY, Bankruptcy Judge.

Pawtucket Credit Union (“PCU”) and John Boyajian, the chapter 13 trustee, each filed cross-appeals of the bankruptcy court’s order granting in part and denying in part the trustee’s motion seeking a turnover of chapter 13 plan payments received by PCU. The trustee sought disgorgement by PCU of five years of disbursements it received under the chapter 13 plan which, according to the trustee, were made in error. The bankruptcy court determined both parties were responsible for the distributions made to PCU and ordered PCÚ to turn over to the trustee one-half of the…

2Cases cited26 opinions

  1. United Student Aid Funds, Inc. v. EspinosaSupreme Court of the United States · 2010
  2. Fleet Data Processing Corp. v. Branch (In Re Bank of New England Corp.)Bankruptcy Appellate Panel of the First Circuit · 1998
  3. In Re Fred J. Szostek, Denise M. SzostekCourt of Appeals for the Third Circuit · 1989
  4. Boylan v. George E. Bumpus, Jr. Construction Co. (In Re George E. Bumpus, Jr. Construction Co.)Bankruptcy Appellate Panel of the First Circuit · 1998
  5. Lessard v. Wilton-Lyndeborough Cooperative School DistrictCourt of Appeals for the First Circuit · 2010

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3Cited by4 opinions

  1. Batac v. BoyajianDistrict Court, D. Rhode Island · 2015
  2. Clark v. Select Portfolio Servicing, Inc.United States Bankruptcy Court, N.D. Oklahoma · 2018
  3. In re: Laurel A. BirdUnited States Bankruptcy Court, N.D. Illinois · 2021
  4. Marc Gerard LemayUnited States Bankruptcy Court, D. Maine · 2025

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