Current Edition- California Business Practice

The Peacemaker Quarterly- April 2014

Tuesday, April 20, 2010

Fraudulent Conveyances

Consequences of Fraudulent Transfers

  1. Statute of limitations
    1. Actual fraud
    2. Cal. Civil Code §3439.09(a) provides that there is a four (4) year statute of limitations for actual fraudulent transfers beginning after the date of the transfer, or if later, within one (1) year the transfer was or could have been reasonably discovered.
    3. Constructive fraud
    4. Cal. Civil Code §3439.09(b) provides a four (4) year statute of limitations that begins after the transfer was made.
    5. Maximum limitations period
    6. Cal. Civil Code §3439.09(c) provides that notwithstanding these two limitations periods, there can be no action for violation of the fraudulent transfer laws that is brought any more than seven (7) years after the transfer was made
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