November 2019

First Circuit Rules That Parents’ Payment of Adult Child’s College Tuition is Subject to Claw Back

American Bar Association (ABA) Business Law Today
Edward M. Fitzgerald

The DeGiacomo v. Sacred Heart University First Circuit ruling favors trustees and holds that a debtor’s pre-bankruptcy payment of college tuition for an adult child is subject to avoidance as constructively fraudulent transfer. The issue has divided several courts, but supports future trustee avoidance actions against colleges and universities.

READFirst Circuit Rules That Parents’ Payment of Adult Child’s College Tuition is Subject to Claw Back

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