Legal Question in Bankruptcy in New York

I am being sued in NY bankruptcy court for a preferential transfer. The check from the company in bankruptcy was drawn on their bank account 93 days prior to their filing. I did not receive and cash the check until three weeks later. The trustee claims the 90 days starts from the time the check was cashed not written. By the way, this case is a fraud that was perpetrated by Agape world Inc, whose CEO is now in jail. It is a mini Bernie Madoff situation. I lost over $100,000 and the bankruptcy court wants another pound of flesh to the tune of $22,500 which is 50% of the check I received. ($40,000 of which was my investment and $4500 interest) as a settlement. When does the 90 days start, the date the check was drawn or cashed?


Asked on 6/26/12, 3:13 pm

1 Answer from Attorneys
Thomas Sirianni The Law Office of Thomas A. Sirianni

Thank you for submitting your question. In order to advise you regarding your issue, I will need more detailed information. Please feel free to give me a call anytime on my cell at 516-314-1343 so that we can discuss the particulars regarding your inquiry.

I look forward to hearing from you.

Tommy A. Sirianni, Esq.

Read more
Answered on 6/28/12, 7:19 am


Related Questions & Answers

More Bankruptcy Law questions and answers in New York