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November 15, 2019 - Murtha Cullina LLP Prevails in First Circuit College Tuition Clawback Case

Boston, MA (November 15, 2019)…Murtha Cullina LLP Partner and Chapter 7 Bankruptcy Trustee Mark G. DeGiacomo, along with co-counsel Jeffrey R.  Hellman, recently prevailed before the U.S. Court of Appeals for the First Circuit in the case of DeGiacomo v. Sacred Heart University, Inc.

In its unanimous ruling, the First Circuit Panel held that colleges can be required to return tuition payments to bankruptcy trustees for bankrupt parents who, while insolvent, made the tuition payments for their children. This case is noteworthy because it is the first appellate decision concerning this very controversial litigation. As such, this decision has significant ramifications for colleges and universities across the country. 

Mr. DeGiacomo is a Chapter 7 and Chapter 11 bankruptcy trustee.  He regularly represents clients in bankruptcy cases and commercial litigation matters.  He has litigated dozens of cases in the Massachusetts bankruptcy courts and represented numerous clients in appeals brought before the U.S. District Court, the Bankruptcy Appellate Panel, the U.S. Court of Appeals for the First Circuit and the United States Supreme Court. 

Murtha Cullina bankruptcy lawyers are experienced in all types of litigation spawned by Chapter 11 and Chapter 7 cases.  The firm represents trustees, debtors in possession and other representatives of bankruptcy estates, as well as state and federal receivers.  We also represent defendants in actions brought by bankruptcy estates.  The Firm also regularly represents creditors, whether secured or unsecured, in bankruptcy proceedings.

About Murtha Cullina LLP

With more than 100 attorneys in six offices throughout Massachusetts, Connecticut and New York, Murtha Cullina LLP offers a full range of legal services to meet the local, regional and national needs of our clients. Our practice encompasses litigation, regulatory and transactional representation of businesses, governmental units, non-profit organizations and individuals. Core practice areas include litigation, insurance recovery, labor and employment, bankruptcy and creditors’ rights, construction, energy, health care, trusts and estates, intellectual property, real estate, land use and retail and hospitality. 


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