Legal Opinion

Geltzer v. Xaverian High School (In re Akanmu)

United States Bankruptcy Court, E.D. New York

Decided December 4, 2013No. Case No. 11-43773-CEC; Adv. Proc. No. 13-01105-CEC, Adv. Proc. No. 13-01107-CECPublishedCited by 22 opinions

1Opinion of the Court

Chapter 7

DECISION

CARLA E. CRAIG, Chief United States Bankruptcy Judge

In these adversary proceedings, the trustee in a chapter 7 case of a married couple, who filed as joint debtors, seeks to recover from two parochial schools tuition payments made by the debtors prior to the commencement of the case for the education of their two minor children, as fraudulent conveyances. The trustee’s claims are based upon the theory that because the parents were not “direct beneficiaries” of the tuition payments, and because private schooling of their children was, in the trustee’s judgment, “not reasonably…

2Cases cited35 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Papasan v. AllainSupreme Court of the United States · 1986
  4. Briarpatch Limited, L.P., Gerard F. Rubin v. Phoenix Pictures, Inc., Michael Medavoy, Geisler Roberdeau, Inc., Terence MalickCourt of Appeals for the Second Circuit · 2004
  5. Leslie Block Kaye v. Marc E. Grossman, Laura Anne GrossmanCourt of Appeals for the Second Circuit · 2000

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3Cited by22 opinions

  1. Cheri Whitlock v. John LoweCourt of Appeals for the Fifth Circuit · 2019
  2. Allan B. Mendelsohn of the Estate v. Kovalchuk (In re Apco Merch. Servs., Inc.)United States Bankruptcy Court, E.D. New York · 2018
  3. Canney v. Fisher & Strattner, LLC (In re Turner & Cook, Inc.)United States Bankruptcy Court, D. Vermont · 2014
  4. Schneider v. BarnardDistrict Court, E.D. New York · 2014
  5. O'Neil v. New Eng. Rd., Inc. (In re Neri Bros. Constr. Corp.)United States Bankruptcy Court, D. Connecticut · 2018

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