Legal Question in Bankruptcy in New Jersey

Invester in NJ Affordable Homes

I am in investor in NY Affordable Homes and was recently supeoned for a pre trial converence. What does this mean? Do I need a laywer? What should my plan be at this point regarding this case?


Asked on 10/14/06, 11:52 am

1 Answer from Attorneys

Stephen Starr Starr & Starr, PLLC

Re: Invester in NJ Affordable Homes

You have probably received a SUMMONS & NOTICE OF PRETRIAL CONFERENCE IN AN ADVERSARY PROCEEDING. This means you have been sued in an adversary proceeding in the bankruptcy court. Probably involving preference or fraudulent conveyance claims. The SUMMONS should have accompanied a COMPLAINT. If a complaint is "duly served" (and service by mail is sufficient under the F.R.Bankr.P.) a defendant has 30 days from the date of issuance of the subpoena to answer.

Whether hiring an attorney makes sense in your situation depends on a number of factors. Impossible to give you an answer to that based on your brief posting. You can find my firm's website by searching "Starr & Starr PLLC NY" in Google. On the FAQ page we provide answers to general questions about preference claims and fraudulent conveyance claims (which are the most common types of lawsuits trustees or debtors in possessions file in bankruptcy cases). Our website also provides all of our contact info.

Since it sounds like you have been sued in bankruptcy court, if you hire a lawyer you need to find one that is specialized in bankruptcy law, not a "jack of all trades -- master of none". An experienced bankruptcy lawyer will be able to advise you regarding defenses that you have to the claim(s), whether it makes senses to try to fight or settle early on, and what a possible settlement range may be. Having represented both plaintiffs and defendants in bankruptcy litigation for many years this is certainly something I could assist you with. We are active in bankruptcy matters in NY and NJ and seek to provide cost effective legal services. Please feel free to give me a call if you would like a free initial consultation

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Answered on 10/14/06, 3:02 pm


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