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IN RE AKANMU

Case No. 11-43773-CEC. Adv. Proc. No. 13-01105-CEC, Adv. Proc. No. 13-01107-CEC.

502 B.R. 124 (2013)

IN RE: Olaniyi L. AKANMU & Omolayo T. Suara, Debtors. Robert L. Geltzer, as Trustee of the Estate of Olaniyi L. Akanmu & Omolayo T. Suara, Plaintiff, v. Xaverian High School, Defendant. Robert L. Geltzer, as Trustee of the Estate of Olaniyi L. Akanmu & Omolayo T. Suara, Plaintiff, v. Our Lady of Mt. Carmel-St.Benedicta School, Defendant.

United States Bankruptcy Court, E.D. New York.

Filed December 4, 2013.

Attorney(s) appearing for the Case

Daniel Gershburg, Esq. , Joyce Campbell Priveterre, Esq. , Daniel Gershburg, Esq. P.C., 55 Broad Street, Suite 18B, New York, NY 10004, Attorneys for Plaintiff.

Benjamin D. Feder, Esq. , Damon Suden, Esq. , Kelley Drye & Warren LLP, 101 Park Avenue, New York, NY 10178, Attorneys for Defendant, Our Lady of Mt. Carmel-St. Benedicta School.

Fred Stevens, Esq. , Sean C. Southard, Esq. , Thomas Szaniawski, Esq. , Maeghan J. McLoughlin, Esq. , Klestadt & Winters, LLP, 570 Seventh Avenue, 17th Floor, New York, NY 10018, Attorneys for Defendant, Xaverian High School.

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...

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