[CLBS] CVAH - extended fraudulent transfer lookback period

[Matthew T. Christensen]

All,

The attached Memo Decision, issued earlier today by Judge Pappas, should be of some interest.  The issues included (a) whether a Chapter 7 Trustee could use the 6-year lookback period provided by the Federal Debt Collection Procedures Act when the IRS is a creditor; and (b) whether, also when the IRS is a creditor, the Trustee could take advantage of the Internal Revenue Code provisions making state-law fraudulent transfer statutes of limitation (i.e., Idaho's 4-year statute) inapplicable.  In both cases, Judge Pappas' answer was "yes".  Bottom line = Trustees now can pursue fraudulent transfers (when the IRS is a creditor) at least as far back as six (6) years pre-petition, if not more.

MTC


Matthew T. Christensen
Attorney and Counselor at Law

ANGSTMAN JOHNSON
Attorneys and Counselors
3649 N. Lakeharbor Lane
Boise, Idaho  83703
(208) 384-8588
(208) 853-0117 (fax)
mtc at angstman.com<mailto:mtc at angstman.com>
www.angstman.com<http://www.angstman.com/>

[cid:_4_0AC858340AC855C8004F82A387257E53]  [cid:_4_0AC85A500AC855C8004F82A387257E53]


NOTICE: This electronic transmission (and/or the documents accompanying it) may contain confidential information belonging to the sender that is protected by the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510 and 2521 and may be legally privileged.  This message (and any associated files) is intended only for the use of the individual or entity to which it is addressed and may contain information that is confidential, subject to copyright or constitutes a trade secret.  If you are not the intended recipient you are hereby notified that any dissemination, copying or distribution of this message, or files associated with this message, is strictly prohibited.  If you have received this communication in error, please notify Angstman Johnson immediately by telephone (208-384-8588) and destroy the original message.  Messages sent to and from us may be monitored.  If you are the intended recipient, you acknowledge that the email address being utilized is secure and that there will not be a waiver of the attorney-client privilege or breach of any duty of confidentiality by the sender's correspondence to that email address.


-------------- next part --------------
A non-text attachment was scrubbed...
Name: image001.png
Type: image/png
Size: 6148 bytes
Desc: image001.png
URL: <http://admws.idaho.gov/pipermail/clbs/attachments/20170502/3560db52/attachment-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.jpg
Type: image/jpeg
Size: 2031 bytes
Desc: image002.jpg
URL: <http://admws.idaho.gov/pipermail/clbs/attachments/20170502/3560db52/attachment-0001.jpg>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: show_temp (1).pdf
Type: application/pdf
Size: 433039 bytes
Desc: show_temp (1).pdf
URL: <http://admws.idaho.gov/pipermail/clbs/attachments/20170502/3560db52/attachment-0001.pdf>