Legal Question in Bankruptcy in Florida
I received a loan from a company that filed for bankruptcy, chapter 11. I repaid the loan totally prior to the filing. The trustee in this matter, unaware that the loan was repaid, is suing, under USC # 548, to recover the money the company paid out for which it did not receive "equivalent value". All this occurred within the two year period prior to the filing and I can prove the repayment. Can the trustee demand money given me which was fully repaid prior to the filing?
1 Answer from Attorneys
The trustee can demand the money. You need to prove to the trustee's satisfaction that it was already repaid, and if the trustee is not convinced then you need to prove it to the court's satisfaction.
Odd that you posted here instead of first contacting the trustee, don't you think?
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