Peter J. Bresson - Page 22

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          drafters of the UFTA in their commentary to avoid the rule of               
          Summerlin through the creation of the claim extinguishment                  
          provision:                                                                  
               "This section is new.  Its purpose is to make clear that               
               lapse of the statutory periods prescribed by the section               
               bars the right and not merely the remedy....  The section              
               rejects the rule applied in the United States v.                       
               Gleneagles Inv. Co., 565 F. Supp. 556, 583 (M.D. Pa.                   
               1983) (state statute of limitations held not to apply to               
               action by United States based on Uniform Fraudulent                    
               Conveyance Act)."                                                      
          United States v. Vellalos, supra at 707 (quoting Uniform Fraudulent         
          Transfer Act sec. 9 (Commentary), 7A U.L.A. 665-666 (1984)).  (The          
          same language appears in the Legislative Committee Comment of the           
          California Assembly in its 1986 adoption of the UFTA.  Cal. Civ.            
          Code sec. 3439.09 (Legislative Committee Comment--Assembly).)  The          
          court went on to find that the State had the authority to                   
          extinguish the cause of action, referring to the 10th Amendment to          
          the United States Constitution.  The court stated that the Federal          
          Government was seeking to extend Summerlin beyond its holding to            
          cover all State laws which could be affected by the common law              
          right of the Government to collect its debts.  The court suggested          
          the Government create its own Federal fraudulent conveyance statute         
          with an unlimited limitations period to remedy the problem.8                

               8    We are mindful that as part of the Crime Control Act of           
          1990, Pub. L. 101-647, sec. 3611, 104 Stat. 4959, Congress                  
          created provisions for voiding fraudulent transfers as to debts             
          to the United States, and established applicable limitations                
          periods.  The effective date of the fraudulent transfer                     
                                                             (continued...)           




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