Current through the 2024 Budget Session
Section 34-14-210 - Extinguishment of claim for relief(a) Except as provided in subsection (b) of this section, a claim for relief with respect to a fraudulent transfer or obligation under this act is extinguished unless an action is brought: (i) Under W.S. 34-14-205(a)(i), within two (2) years after the transfer was made or the obligation was incurred or, if later, within six (6) months after the transfer or obligation was or could reasonably have been discovered by the claimant;(ii) Under W.S. 34-14-205(a)(ii) or 34-14-206(a), within two (2) years after the transfer was made or the obligation was incurred; or(iii) Under W.S. 34-14-206(b), within six (6) months after the transfer was made or the obligation was incurred.(b) A claim for relief with respect to a fraudulent transfer or obligation under this act involving qualified transfers to a qualified spendthrift trust as provided by W.S. 4-10-510 through 4-10-515 or involving transfers to an irrevocable discretionary trust, provided that the trustee may only make discretionary distributions under W.S. 4-10-506(c), is extinguished unless an action is brought:(i) With respect to a creditor known to the settlor, one hundred twenty (120) days after the date on which notice of the transfer is mailed to the creditor, provided that the notice states: (A) The name and address of the settlor or the settlor's representative and the name and address of the trustee or the trustee's representative;(B) That assets were transferred to a qualified spendthrift trust or to an irrevocable trust where the trustee can only make discretionary distributions; and(C) That the creditor is required to initiate an action against the settlor and the trustee within one hundred twenty (120) days from the mailing of the notice or the claim is forever barred.(ii) With respect to a creditor not known to the settlor, one hundred twenty (120) days after the date on which notice of the transfer is first published in a newspaper of general circulation in the county in which the settlor resides, provided that the notice includes the information required in paragraph (i) of this subsection;(iii) Notwithstanding paragraphs (i) and (ii) of this subsection, within the later of two (2) years after the transfer is made or six (6) months after the transfer is or reasonably could have been discovered by the creditor if the creditor can demonstrate by clear and convincing evidence that the creditor asserted a specific claim against the settlor before the transfer.Amended by Laws 2021 , ch. 149, § 1, eff. 7/1/2021.Amended by Laws 2021 , ch. 50, § 1, eff. 7/1/2021.