Legal Opinion

Pergament v. Brooklyn Law Sch.

District Court, E.D. New York

Decided January 4, 2019No. 1:18-CV-2204 (ARR); 1:18-CV-2235 (ARR); 1:18-CV-2236 (ARR)PublishedCited by 3 opinions

1Opinion of the Court

ROSS, United States District Judge:

In this consolidated bankruptcy appeal, the appellant, a bankruptcy trustee, seeks to overturn the determination of the bankruptcy court that he cannot recover from three institutions of higher learning payments that the debtor made for his children's education. Specifically, the bankruptcy court ruled that the schools were not "the initial transferee[s]" of the payments within the meaning of 11 U.S.C. § 550(a) but rather subsequent transferees that took in good faith from the debtor's children, and thus that the schools were entitled to the protections of §…

2Cases cited19 opinions

  1. Bonded Financial Services, Inc., Debtor-Appellant v. European American BankCourt of Appeals for the Seventh Circuit · 1988
  2. In Re Chase & Sanborn Corporation, F/k/a General Coffee Corporation, Debtors. Paul C. Nordberg, as Creditor Trustee v. Societe GeneraleCourt of Appeals for the Eleventh Circuit · 1988
  3. R² Investments, LDC v. Charter Communications, Inc. (In Re Charter Communications, Inc.)Court of Appeals for the Second Circuit · 2012
  4. Bear, Stearns Securities Corp. v. Gredd (In Re Manhattan Investment Fund Ltd.)District Court, S.D. New York · 2007
  5. In Re Columbia Data Products, Inc., Debtor. Richard E. Lowry, Trustee v. Security Pacific Business Credit, Inc.Court of Appeals for the Fourth Circuit · 1989

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3Cited by3 opinions

  1. Mangan v. Univ. of Conn. (In re Hamadi)United States Bankruptcy Court, D. Connecticut · 2019
  2. In Re: JVJ Pharmacy Inc.District Court, S.D. New York · 2021
  3. Nesse, Chapter 7 Trustee v. University System of MarylandUnited States Bankruptcy Court, D. Maryland · 2022

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