McCorry and Gannon represented a Creditor before the Bankruptcy Appellate Panel for the 1st Circuit. The Chapter 13 Trustee sought the reimbursement of approximately $40,000.00 he believed was paid to the Creditor in error over the course of approximately 5 years. The US Bankruptcy Judge sitting in Rhode Island ordered the Creditor to refund half the amoutn paid. Both sides filed timely appeals.
After arguments before a three judge panel in Boston, the BAP found for the Creditor and reversed the lower court's decision, allowing the Creditor to keep all the funds received. See In re Diruzzo, 527 B.R. 800 (B.A.P. 1st Cir. 2015)