Bailey v. Glover, 88 U.S. 342 (1874)

By M. Jonathan Hayes

Issue: When the trustee is required to bring an action to avoid a fraudulent conveyance within two years of the bankruptcy filing, does the active concealment of the transfer by the debtor and the transferees toll the running of the two year statute of limitations to bring the action?

Holding: Yes, the two years runs from the time the conduct is discovered by the trustee assuming that the trustee used due diligence.

Justice Samuel F. Miller

The debtor transferred all of his assets to family members for little . . .

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