Peter J. Bresson - Page 21

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          Hawaii's UFTA statute, which is identical to the relevant                   
          California statute now before us.  Therein, nearly 1 year after the         
          limitations period expired under the Hawaii UFTA, the Federal               
          Government sought to foreclose on property conveyed to the                  
          defendant.  (The United States proceeded directly under the UFTA to         
          obtain its remedy because the limitations period under section              
          6901(c) for transferee liability had expired.)  The United States           
          argued that it was not bound by the Hawaii UFTA limitations period          
          because of the rule in United States v. Summerlin, supra.                   
               The court interpreted the UFTA's limitations period not as a           
          statute of limitations with respect  to  Federal  transferee                
          liability, but rather as an element of the cause of action for              
          fraudulent conveyance which would be entirely extinguished if not           
          timely filed.  In applying the UFTA's limitations period, the court         
          rejected the Government's argument, stating that "There is an               
          important distinction between cases involving the government's              
          common law right to collect on a debt and cases involving a                 
          carefully delimited state statutory right."  United States v.               
          Vellalos, supra at 707.  The court distinguished the Florida                
          statute in Summerlin from Hawaii's UFTA on the basis that the               
          latter contained an extinguishment provision for a State-created            
          cause of action whereas the former imposed a limitations period on          
          an action arising out of a Federal statute (the Act of June 27,             
          1934, 48 Stat. 1246).  The court noted the explicit intent of the           





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