Printable Format33-209. Extinguishment of cause of action. A cause of action with respect to a fraudulent transfer or obligation under this act is extinguished unless action is brought:
(a) Under subsection (a)(1) of K.S.A. 33-204, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant;
(b) under subsection (a)(2) of K.S.A. 33-204 or subsection (a) of K.S.A. 33-205, within four years after the transfer was made or the obligation was incurred; or
(c) under subsection (b) of K.S.A. 33-205, within one year after the transfer was made or the obligation was incurred.
History: L. 1998, ch. 13, ยง 9; January 1, 1999.
Law Review and Bar Journal References:
"The Kansas Uniform Fraudulent Transfer Act," Leon B. Graves, 68 J.K.B.A. No. 6, 34 (1999).
CASE ANNOTATIONS
1. The bankruptcy code's look-back period to determine the possible extinguishment of a cause of action for a fraudulent transfer is two years from the date of filing, whereas the look-back period is four years under state law. In re Brooke Corp., 568 B.R. 378, 395 (Bankr. D. Kan. 2017).