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A Longer Statute of Limitations Period for Pursuing Fraudulent Transfer Actions May Exist

Transactions that closed more than four or even six years post-transfer, nonetheless may be subject to an avoidance action for recovery of a fraudulent transfer.

24 minute read February 25, 2013 at 10:04 AM
By
Amy Tonti
A Longer Statute of Limitations Period for Pursuing Fraudulent Transfer Actions May Exist

Section 544(b) of the Bankruptcy Code empowers a bankruptcy trustee to avoid any transfer of an interest of the debtor in property that is voidable under “applicable law” by an unsecured creditor.

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