Gordon and Farino Represent an Academic Institution in Adversary Proceeding

Stu Gordon and Jeannine Farino represented an academic institution that had received a demand letter from a bankruptcy trustee threatening to commence an adversary proceeding.  The Trustee sought to recover, as a fraudulent conveyance, tuition paid for a Debtor’s child under a loan.  Stu and Jeannine were successful in convincing the Trustee that there was no basis under Bankruptcy Law to avoid the tuition payments since the Debtor was not the borrower or guarantor of the loan in the first instance.  Accordingly, the Trustee could not meet an element of the fraudulent conveyance statute because any alleged transfers were not made by the Debtor.