IN RE PALLADINO

No. 17-1334.

942 F.3d 55 (2019)

IN RE: Steven PALLADINO; Lori Palladino, Debtors. Mark G. DeGiacomo, Chapter 7 Trustee for the Estate of Steven Palladino and Lori Palladino, et al., Appellant, v. Sacred Heart University, Inc., Appellee.

United States Court of Appeals, First Circuit.

November 12, 2019.


Attorney(s) appearing for the Case

Jeffrey R. Hellman , New Haven, CT, with whom the Law Offices of Jeffrey R. Hellman was on brief, for appellant.

Martin P. Sheehan and Sheehan & Nugent PLLC on brief for the National Association of Bankruptcy Trustees, amicus curiae.

Elizabeth J. Austin , Bridgeport, CT, with whom Jessica Grossarth and Pullman & Comley LLC were on brief, for appellee.

Aaron S. Bayer , Hartford, CT, Benjamin M. Daniels , New Haven, CT, and Wiggin & Dana LLP on brief for the American Council on Education, APPA, Association of American Medical Colleges, Association of Catholic Colleges and Universities, Association of Community College Trustees, Association of Governing Boards of Universities and Colleges, Association of Independent Colleges and Universities in Massachusetts, Association of Independent Colleges and Universities of Rhode Island, Association of Jesuit Colleges and Universities, Commission on Institutions of Higher Education of NEASC, Connecticut Conference of Independent Colleges, Council for Christian Colleges & Universities, Council of Independent Colleges, Higher Learning Commission, Middle States Commission on Higher Education, National Association of College and University Business Officers, National Association of Independent Colleges and Universities, Southern Association of Colleges and Schools Commission on Colleges, University Risk Management and Insurance Association, and WASC Senior College and University Commission, amici curiae.

Before Howard, Chief Judge, Torruella and Lynch, Circuit Judges.


Mark G. DeGiacomo, the Chapter 7 bankruptcy trustee for the bankruptcy estate of Steven and Lori Palladino ("the Palladinos") and Viking Financial Group, Inc., appeals from the bankruptcy court's grant of summary judgment in favor of appellee, Sacred Heart University. The summary judgment order allowed the university to retain...

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