Bacon

United States v. Bacon

Good Law
82 F.3d 822·1996 WL 207828
United States Court of Appeals for the Ninth CircuitApril 30, 1996No. 94-36249California1,228 words

Opinion

Lead Opinion

Wright, J.

ORDER

A timely request for the publication of the Memorandum disposition filed on March 7, 1996 is GRANTED. The Memorandum disposition filed on March 7,1996 is redesignat-ed as an authored opinion by Judge Wright.

OPINION

This case concerns the applicable time limitation on an action by the federal govemment to set aside two alleged fraudulent conveyances of property. Upon de novo review, we reverse the judgment and remand.

The government argues that the court erred in concluding that the government was bound by the four-year extinguishment provision of Washington state’s Uniform Fraudulent Transfer Act. Specifically, it contends that the Transfer Act may not be applied retroactively to the conveyances, which were made before the statute’s effective date. Instead, says the government, the court should have applied the state’s repealed Uniform Fraudulent Conveyance Act.

The determination of which statute applies is relevant because the two statutes have different types of time limitations for bringing fraudulent conveyance actions. Actions under the Conveyance Act are governed by a general three-year statute of limitations for fraud claims. RCW 4.16.080; McMaster v. Farmer,…

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