Fraudulent Transfers and Conveyances

ORS 95.280
Extinguishment of claim for relief


A claim for relief with respect to a fraudulent transfer or obligation under ORS 95.200 (Definitions for ORS 95.200 to 95.310) to 95.310 (Short title) is extinguished unless action is brought:

(1)

Under ORS 95.230 (Transfers fraudulent as to present and future creditors) (1)(a) 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;

(2)

Under ORS 95.230 (Transfers fraudulent as to present and future creditors) (1)(b) or 95.240 (Transfers fraudulent as to present creditors) (1), within four years after the transfer was made or the obligation was incurred; or

(3)

Under ORS 95.240 (Transfers fraudulent as to present creditors) (2), within one year after the transfer was made or the obligation was incurred. [1985 c.664 §9]
§§ 95.200 to 95.310

Notes of Decisions

Where plaintiff brought products liability action against corporation and holding company entirely owned by former shareholders of corporation for asbestos related injury, corporate restructuring resulting in formation of holding company was designed for improper purpose of escaping asbestos related liabilities and holding company was successor in liability and responsible for corporations' strict liability torts. Schmoll v. Acands, Inc., 703 F Supp 868 (D. Or. 1988)


Source

Last accessed
Jun. 26, 2021