[CLBS] 11 usc 544(b) and Idaho Code 55-918

[Matthew T Christensen]

I think it's 4 years from the petition date, not the adversary date.  55-918 says the IFTA claim must be filed "within four years" after the transfer was made, or obligation incurred.  11 USC 108 extends the time period for filing until either (a) the end of the four years or (b) two years after the order for relief (whichever is later).  Thus, so long as the adversary case is filed within two years of the order for relief (i.e., petition date, normally), the look-back period is four years pre-petition.  

MTC


Matthew T. Christensen
Attorney and Counselor at Law
 
ANGSTMAN JOHNSON 
Attorneys and Counselors
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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Patrick J. Geile
Sent: Monday, March 16, 2015 11:23 AM
To: Bankruptcy list
Subject: [CLBS] 11 usc 544(b) and Idaho Code 55-918

Good Morning,

Does 11 USC 544 (b) which incorporates the IFTA also incorporate 55-918's 4 year look back from the date of the adversary proceeding  or the petition date?

The case law seems to support either?  See US v. Hart (In re Hart) and Rainsdon v. Kirtland

I have always assumed it is 4 year lookback from the date of the AP to incorporate IFTA. Thanks.



Patrick J. Geile
Foley Freeman PLLC
953 S. Industry Way, Meridian, Idaho 83642 P.O. Box 10 Meridian, Idaho 83642 Direct line: (208) 947-1563
Phone:  (208) 888-9111
Fax:  (208) 888-5130

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