Janvey v. Suarez (UFTA Statute of Limitations)

Following the Fifth Circuit’s holding in Janvey v. Democratic Senatorial Campaign Comm., Inc., 712 F.3d 185 (5th Cir. 2013), the District Court found that the discovery period tolling the statute of limitations for actual intent fraudulent transfer claims does not automatically run from the date of the appointment of the receiver. Furthermore, the Court explained that mere access to information is not enough to trigger the beginning of the discovery period, particularly in complex situations such as this, where the fraudulent transfer could not have been discovered until after review of thousands of documents relating to the receivership entities.