Two weeks earlier, I had been in my company’s small conference room sitting at the table surrounded by familiar faces from my last employer. Silicon Valley is incestuous: teams migrate from one company to the next, so I was not surprised to find myself recruited to join my old boss’s newest project. They were selling another David versus Goliath story, featuring a small rag-tag team of engineers defeating a seemingly insurmountable industry leader. Despite my skepticism, I still had a free-running imagination fed with nostalgic thoughts of Bill Hewlett and Dave Packard working on their first audio oscillator in a Palo Alto garage. But at my last start-up company, we had challenged a corporation for a piece of the industry pie, and nine years and $330 million dollars later, the company was a hollow shell doing mostly engineering contractor work. I was lucky enough to join that company late in the game and sell my stock options early, but many others spent a significant portion of their career at a company that came close to glory but ultimately fell short: Goliath 1, David 0.
Over the last few years, Chapter 7 Trustees have aggressively sought to clawback tuition payments made to colleges and universities by parents on behalf of their children after the parents filed for Chapter 7 bankruptcy. These efforts have met with mixed success.  Now, it appears that Chapter 7 Trustees are setting their sights on private secondary and elementary schools to clawback tuition payments. However, in two recent opinions, the . Bankruptcy Court for the Eastern District of New York has dismissed fraudulent transfer and unjust enrichments claims against private schools seeking to recover tuition payments made in the years before the debtor’s bankruptcy case.