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What elements need be present in order for a bankruptcy trustee in California to void 7 years of transfers ?

San Francisco, CA |

In California a bankruptcy trustee can use the state law in order to void transfers made by the debtor prior to filing a chapter 7 bankruptcy. I have been informed the state law has statute of limitations of 4 years., but I have also read of a 7 year statute of limitations also. So then....

Attorney Answers 4

  1. Need more information about the transfers to answer your question. Invest in a consultation with a local BK attorney.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.

  2. BK Trustees can look back two years for any "fraudulent transfers" for which the debtor did not receive reasonably equivalent value. I've seen them go back as far as four years for actual fraud wherein the transfer was made for the very purpose of defrauding creditors. I've never seen one go back more than four years.

  3. Bankruptcy trustees can void two types of transfers, preferential transfers (preferring one creditor over another) and fraudulent transfers (didn't receive full value for the item transferred). The look-back period for preferential transfers is one year for transfers to "insiders" (family, business partners, etc) and 90 days for transfers to other people. For fraudulent transfers in California, there is a four-year statute of limitations for "constructive" fraudulent transfers (no "actual intent to hinder, delay or defraud any creditor"). For "actual intent" fraudulent transfers, legal action can be brought at any time before the later of (1) four years after the transfer was made or (2) within seven years of when the transfer was made, as long as the action is brought within one year after the transfer or obligations could reasonably have been discovered by the claimant.

    The full subject of voiding transfers involves more than can be explained in this answer. You should consult with an experienced bankruptcy attorney in your area.

    This reply does not constitute legal advice or establish an attorney-client relationship.

  4. You are missing the point by looking at the statute of limitation. You ought to be looking at the Uniform Fraudulent Transfers Act as it applies in your state. Hope this perspective helps!

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