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What is the "claw back" period in Chapter 11 bankruptcy as regards financial distribution to investors?
Jacksonville, FL
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Posted 7 months ago in Bankruptcy / Chapter 11
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Court: Middle District of Florida. Need to know the period of time in which a court-appointed receiver can "claw back" funds received by investor victims in a ponzi scheme. (Assume that the creditor cannot claim distributions in normal course of business.) Many thanks!
Answers (1)
Eric Nissim Assouline
This attorney is licensed in Florida and 1 other state.
Posted 4 months ago.
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In Florida, the look back period for a fraudulent transfer is four years. Although, your comments regarding "normal course of business" sounds ike you are talking about a preferential transfer, a creature of bankruptcy law, not state law, which is what applies to a court-appointed receiver. You should contact an attorney for details.
Eric N. Assouline, Esq. Assouline & Berlowe, P.A. www.assoulineberlowe.com |
