[WSBARP] Off Topic Question - Recovery of Fraudulent Conveyance

Thu Mar 28 12:46:00 PDT 2024

Thanks Mark!

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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Mark Anderson
Sent: Thursday, March 28, 2024 11:43 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Off Topic Question - Recovery of Fraudulent Conveyance

Well, it looks like I'm no longer a member of that Section (the email
bounced back).  I'll pass this on to one of that Section's members and see
if they can get any responses.

Mark B. Anderson
ANDERSON LAW FIRM PLLC
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
 <mailto:marka at mbaesq.com> marka at mbaesq.com
 <http://www.mbaesq.com/> www.mbaesq.com

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of Mark Anderson
Sent: Thursday, March 28, 2024 11:41 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com
<mailto:wsbarp at lists.wsbarppt.com> >
Cc: Creditor Debtor Section <creditor-debtor-section at list.wsba.org
<mailto:creditor-debtor-section at list.wsba.org> >
Subject: Re: [WSBARP] Off Topic Question - Recovery of Fraudulent Conveyance

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
821 Dock St  Ste 209  PMB 4-12
Tacoma, Washington 98402
+1 253-327-1750
+1 253-327-1751 (fax)
 <mailto:marka at mbaesq.com> marka at mbaesq.com
 <http://www.mbaesq.com/> www.mbaesq.com

CONFIDENTIALITY NOTICE
This transmission is confidential and is intended solely for the use of the
individual named recipient. It may be protected by the attorney-client
privilege, work product doctrine, or other confidentiality protection. If
you are not the intended recipient, or the person responsible to deliver it
to the intended recipient, be advised that any dissemination, distribution,
or copying of this communication is prohibited. If you have received this
transmission in error, please immediately notify the sender via e-mail or by
telephone at (253) 327-1750 that you have received the message in error, and
then delete it. Thank you.

From: wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com>
<wsbarp-bounces at lists.wsbarppt.com
<mailto:wsbarp-bounces at lists.wsbarppt.com> > On Behalf Of
Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> 
Sent: Thursday, March 28, 2024 10:33 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com
<mailto: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> 
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

The information contained in this e-mail message may be privileged,
confidential, and protected from disclosure. If you are not the intended
recipient, any dissemination, distribution, or copying is strictly
prohibited. If you think that you have received this e-mail message in
error, please e-mail the sender at  <mailto:info at bellanddavispllc.com>
info at bellanddavispllc.com  or call 360.683.1129.

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