[WSBARP] Off Topic Question - Recovery of Fraudulent Conveyance

[Mark Anderson]

I'm passing this on to the Creditor Debtor Section to see what they say.  (I think I'm still in that Section).

Mark B. Anderson
ANDERSON LAW FIRM PLLC
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Tacoma, Washington 98402
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeff at bellanddavispllc.com
Sent: Thursday, March 28, 2024 10:33 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Off Topic Question - Recovery of Fraudulent Conveyance

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: jeff at bellanddavispllc.com<mailto:jeff at bellanddavispllc.com>
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