My question involves bankruptcy in the state of: Oregon

My daughter and son in-law filed for chapter 7 bankruptcy in July 2009. 7 months prior to their filing, they begrudgingly paid me back the $10K out of a lump sum payment they received. Now, I am told, the trustee wants to take that money back from me, but they have not been able to locate me to serve me papers.

I’ve researched the issue a little and found this:

”Generally, and subject to various defenses,
the power to avoid transfers is
effective against transfers made by the debtor
within 90 days before filing the petition. But
transfers to “insiders” (i.e., relatives, general
partners, and directors or officers of the
debtor) made up to a year before filing may be
avoided. 11 U.S.C. §§ 101(31), 101(54), 547,
548. In addition, under 11 U.S.C. § 544, the
trustee is authorized to avoid transfers under
applicable state law, which often provides for
longer time periods. Avoiding powers prevent
unfair prepetition payments to one creditor at
the expense of all other creditors.”

To me it seems the above relates to a business bankruptcy, not the bankruptcy of a husband and wife.

Does a Trustee’s avoiding powers apply to the money repaid to me?

If so, can they get a judgment against me without me being served the customary court documents?

If not, is there a statute of limitations on how long they can come after me for the $10K?

This is more money than I can afford to loose and this whole affair has caused me a lot of stress and worry. Thanks for any advice anyone can offer.


(By the way, my paternity of this child was never legally established. I might be the father and have had a rocky, off and on relationship with her. We are currently estranged. Not sure if that legally matters in this case.)