Student’s entitlement to a refund determines whether a parent’s tuition payments are constructively fraudulent transfers.
Fifth Circuit rules that the Texas UFTA doesn’t have a ‘futility defense’ when a transferee is on inquiry notice regarding receipt of a fraudulent transfer.
New York judge allows insolvent parents to pay for a minor child’s expensive education.
Will the avoiding powers and the safe harbor both have extraterritorial effect? Stay tuned!
District judge in Brooklyn overturns the bankruptcy court and again exposes colleges and universities to the receipt of fraudulent transfers when insolvent parents pay their childrens’ tuition.
A reversal in the Second Circuit would mean that trustees can recover from subsequent recipients of fraudulent transfers, even if the subsequent transfers were made abroad.
Florida judge finds no duty to investigate suspicions of fraud when even the auditors had been duped.