Legal Opinion
Eisenberg v. Pennsylvania State University (In re Lewis)
United States Bankruptcy Court, E.D. Pennsylvania
Decided April 7, 2017No. Case No. 16-12372REF; Adv. No. 16-0282, Adv. No. 16-0284PublishedCited by 7 opinions
1Opinion of the Court
OPINION
RICHARD E. FEHLING, United States Bankruptcy Judge
I. INTRODUCTION
These adversary complaints constitute, an attempt by the Chapter 7 Trustee in the underlying main bankruptcy case (the “Trustee”), to recover funds from Pennsylvania State University (“Penn State”) pursuant to a relatively new legal theory. The United States Department of Education (the “Department”) paid the proceeds of Parent Plus loans directly to Penn State. The Trustee incorrectly claims such payments were fraudulent transfers under both the Bankruptcy Code1 and the Pennsylvania Uniform Fraudulent Transfer Act…
2Cases cited12 opinions
- Butner v. United StatesSupreme Court of the United States · 1979
- Begier v. Internal Revenue ServiceSupreme Court of the United States · 1990
- In Re Daniel Nejberger, D/B/A Piccolo's Famous Pizza and Il Pastaio Pennsylvania Liquor Control BoardCourt of Appeals for the Third Circuit · 1991
- Finkel v. Polichuk (In re Polichuk)United States Bankruptcy Court, E.D. Pennsylvania · 2014
- Brown v. General Electric Capital Corp. (In Re Foxmeyer Corp.)United States Bankruptcy Court, D. Delaware · 2003
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Geltzer v. Oberlin Coll. (In re Sterman)United States Bankruptcy Court, S.D. New York · 2018
- Novak v. Univ. of Miami (In re Demitrus)United States Bankruptcy Court, D. Connecticut · 2018
- Slobodian v. Pennsylvania State University (In re Fisher)United States Bankruptcy Court, M.D. Pennsylvania · 2017
- Roumeliotis v. Johnson & Wales Univ. (In re DeMauro)United States Bankruptcy Court, D. Connecticut · 2018
- CHESTNUT STREET CONSOLIDATED, LLC v. DAWARADistrict Court, E.D. Pennsylvania · 2022
2 more not listed; retrieve them via the Exa API.