Legal Question in Personal Injury in Massachusetts
Fraudulent Asset Transfer 'Lookback Period'? ....
I will be suing someone in MA for several intentional torts committed against me in May 2015 (attempted homicide, defamation, malicious prosecution, invasion of privacy, interference with prospective inheritance, etc). In a settled housing court case against this same person in Jun 2015, he was put on notice via my answer that there will be additional litigation against him in Superior Court. .....
This person has a 7 figure net worth, and no debt. He is legally unsophisticated, so he is possibly transferring assets to trusts and other family members, as we speak. However, that is mitigated by the fact that he needs these assets, to live off of their income, as he is semi-retired in his 70s. ....
Under the UFTA in MA, there appears to be a 4 year lookback period for fraudulent transfers to avoid the possible claims of contingent creditors. Does this apply in my scenario? ....
(the reason i ask is that a lawyer i spoke with yesterday said that state courts use the Federal Bankruptcy code as a 'standard', and therefore the lookback period is only 9 to 12 months ... this seems to be incorrect when looking at MGLA c. 109A, �� 1 to 12)
1 Answer from Attorneys
There is no 9 month lookback period in bankruptcy, at least not that I can think of. 12 months in bankruptcy is a lookback for avoidance of repayment of debts to insiders, or denial of discharge for concealment or transfer of property. There is a two-year lookback in bankruptcy for avoiding fraudulent transfers. I don't see how any of this is applicable to a state court action under state law. The UFTA lookback in MA is 4 years.
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