[WSBARP] Off Topic Question - Recovery of Fraudulent Conveyance

[Jeff at bellanddavispllc.com]

Listmates:

 

This is really a bankruptcy question, involving real estate.  Parent gift
deeds home to children.  It is not clear the transfer made parent insolvent.
More than 4 years pass and parent thinks they need to file bankruptcy.  RCW
19.40.091 provides two statutes of limitation.  Four years after the
transfer is made or obligation incurred, or one year after the transfer or
obligation was or could reasonably have been discovered by claimant.  The
question is can a bankruptcy trustee use the one year, from date of filing,
to recover transfers made more than 4 years before filing?  Judge Williams,
in the eastern district of Washington, had the same fact issues before her
in 2013, then dismissed the trustee's claim on procedural grounds, never
ruling on the merits.  Judge Alston had similar facts in a 2018, but did not
make a clear ruling on the issue, though, knowing him, he would rule for the
trustee.  No state court cases specifically deal with this question.  Have
any of you dealt with this?  I am not sure what the 2017 change in the law
was about.  Before, it was always assumed any transfer beyond 4 years was
safe from attack.  I am not so sure now.

 

Jeff Davis

 

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com
 
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