Brandt v. Parke (In Re Foos)

MEMORANDUM OPINION

RONALD BARLIANT, Bankruptcy Judge.

The defendant in this adversary proceeding allegedly received a distribution, or as the Trustee describes it, some of the “Fictitious Profits,” from the Debtor’s Ponzi Scheme. The Trustee filed this action to recover approximately $23,900 under § 544(b) 1 and the Illinois Fraudulent Conveyance Act [740 ILCS 160/5(a)(l) ]. The defendant has moved to dismiss the complaint on the grounds that the summons and complaint were not served timely and that the statutes of limitations had expired. For the reasons set forth below, the defendant’s motion…