Expert Advice When You Need It Most

What is the "claw back" period in Chapter 11 bankruptcy as regards financial distribution to investors?

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!

Save

Attorney answers (1)

Avvo Pro

Reputation Level 9
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
1 person marked this answer as good

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 
Ask now