Complaint to Recover Preferential Transfers

[MBHES]

I have about two weeks to answer this compliant. I spoke with an attorney who would charge me $1000 to file an answer to the compliant from a former client who has gone thru CH11 BK. They paid me funds prior to filing BK (within the 90 day timeframe). My defense is that they paid my invoices as a result of normal course of business and I received no preferencial treatment. The invoices were paid in a timely fashion (45-60 days after the invoice date.) The invoice date was prior to the 90 day cutoff. Having just emerged from bankruptcy myself, I am in no position as a sole propietor to make the payments asked in this compliant.
Can I answer this compliant myself (pro se)? I understand that these normally are submitted in a particular legal format and cite references to the code to support the claim. Can anyone help? I would have to declare BK again if they inforce this action.

[HHM]

Well, we really can't tell you how to answer the complaint specifically, the reason being is you have to plead certain affirmative defenses in your answer (like, the transfers were made in the normal course of business; the debtor recieved reasonably equivelent value for the property transfered to defendant etc). Affirmative defenses are largely statute based, and the problem is, if you fail to plead an affirmative defense, you lose that defense and will be barred from raising it later.

You can try contacting the Trustee and see if there is amount he/she is willing to settle for that you can afford.

Otherwise, you should get an attorney. If you don't respond to the suit, they will get a default judgment against you and then you will have a whole slue of new headaches.