Hi - my name is Chris and I'm a Bankruptcy attorney here to assist you.
Section 544 addresses all transfers of property. Fraudulent transfers are governed by section 548 of the Bankruptcy Code.
Are you asking about section 548?
No, just 544. Can a Trustee go back further than any statute of limitations by using 544(b)(1) and saying that he is stepping into the shoes of a creditor.
Please advise. should I wait or check in tomorrow?
Thank you for your response.
Whether or not a trustee could avoid a fraudulent transfer based on - based on section 544(b)(1). will depend on state law. What state will or was a Bankruptcy case filed in?
Also - I just want to be sure - are you asking about fraudulent transfers?
Washington state and yes it is fraudulent transfers
the trustee is relying on Washington state law RCW 19.40.091(a)
Thank you again for your response.
A trustee does not have the authority to make up his own rules. The avoidance of a fraudulent transfer must be done based on the Statute of Limitions set out in RCW 19.40.091 if the trustee is using 544
(If the trustee were using section 548 instead, there would have been a 2-year limit to avoid a fraudulent transfer.)
Based on section 544 and RCW 19.40.091, the trustee has 4 years from the occurrence, or one year from the discovery of the transfer, or from when the transfer could have been discovered - whichever is later.
OK, I have a follow up question, but I don';t know if I am suppose to pay for it first. My question is: If the Trustee is only allowed to go back 4 years or whatever law he chooses to go by, do you think the trustee will allow me to deduct my original investment that was made 13 years ago, and that I put in my proof of claim?) (He was going to if he could go back to 1997)
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).