Colorado Revised Statutes

Colo. Rev. Stat. § 38-8-110 (2026)

Extinguishment of cause of action

✓ current as of July 2026

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(1) A cause of action with respect to a fraudulent transfer or obligation under this article is extinguished unless action is brought: (a) Under section 38-8-105 (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; (b) Under section 38-8-105 (1)(b) or 38-8-106 (1), within four years after the transfer was made or the obligation was incurred; or (c) Under section 38-8-106 (2), within one year after the transfer was made or the obligation was incurred.

Source: L. 91: Entire article added, p. 1689, § 1, effective July 1.

Editor's note - Colorado legislative change: This section was numbered as section 9 in the uniform act.

Notes of Decisions

Cited in 12 cases (3 in the last 5 years), 1995–2025 · leading case: Lewis v. Taylor, 2016 CO 48 (Colo. 2016).

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Lewis v. Taylor, 2016 CO 48 (Colo. 2016). · cites it 131× “¶18 Section 38-8-110, entitled “Extinguishment of cause of action,” limits the time period within which a cause of action with respect to a fraudulent transfer may be commenced.”

Pernick v. Computershare Trust Co., 136 F. Supp. 3d 1247 (D. Colo. 2015). · cites it 2× “Computershare argues that, because plaintiff first asserted fraudulent transfer claims on October 30, 2013 — the day he filed the present case — , plaintiffs fraudulent transfer claims are barred by Colo. Rev. Stat. § 38-8-110 and 11 U.S.C.”

Krol v. Unglaub (In Re Unglaub), 332 B.R. 303 (Bankr. N.D. Ill. 2005). · cites it 2× “Colo. Rev.Stat. § 38-8-110(1)(c). The Mortgage given to Nancy on the Colorado Property was recorded in April 2003.”

Sands v. New Age Fam. P'ship, Ltd., 897 P.2d 917 (Colo. Ct. App. 1995). · cites it 2× “” See § 38-8-110(l)(a). Noting that the previous fraudulent conveyance statute does not apply to any “transfer made or obligation incurred on or after July 1, 1991,” see § 38-10-117(2), C.”

United States v. Novotny, 184 F. Supp. 2d 1071 (D. Colo. 2001). · cites it 4× “The Trusts also assert, as an affirmative defense, that the United States’ Claims Two through Six, to foreclose its tax liens which allegedly attached to the seven parcels of real property, are time-barred under the statutes of limitation provided for in C.”

Fitzgibbons v. Thomason (In Re Thomason), 202 B.R. 768 (Bankr.D. Colo. 1996). · cites it 2× “Under C.R.S. §§ 38-8-110(l)(a) and (b), an action pursuant to §§ 38-8-105(l)(a) or (l)(b) must be brought within fours years of the transfer.”

Finn v. All. Bank, 838 N.W.2d 585 (Minn. Ct. App. 2013). “09 (West 2013); Colo. Rev.Stat. § 38-8-110 (2012); Conn. Gen.”

Churchill Med. Sys., Inc. v. Rubacha (D. Colo. 2019). · cites it 5× “” Colo. Rev. Stat. § 38-8-110 (1)(c) (“paragraph (1)(c)”).”

Conrardy (Bankr.D. Colo. 2025). · cites it 4× “” Colo. Rev. Stat. § 38-8-110 (1)(a). Thus, to state a claim for actual fraudulent transfer under Section 544(b) and the CUFTA, the Creditor Trustee must allege: (i) a transfer of an interest of the Debtor in property; (ii) made within four years before the Debtor filed for…”

In re: Stone Pine Inv. Banking (10th Cir. 2023). · cites it 3× “” Colo. Rev. Stat. § 38-8-110 (1)(a). C Having laid out the law under which the Trustee brought his claims, we arrive at the adversary proceeding itself.”

Wilson v. Pauling (D. Colo. 2020). · cites it 3× “See Colo. Rev. Stat § 38-8-110(1)(a)–(b). Ms.”

Egbune v. Always Enter. (Colo. Ct. App. 2025). · cites it 3× “” And because Breckenridge asserted its CUFTA claim within one year of that date, it satisfied the one-year statute of limitations in section 38-8-110(1)(a), C.R.S. 2024. ¶ 16 We agree with the court’s ruling.”

— Colo. Rev. Stat. § 38-8-110(1) — 1 case

Lewis v. Taylor, 2016 CO 48 (Colo. 2016). “¶18 Section 38-8-110, entitled “Extinguishment of cause of action,” limits the time period within which a cause of action with respect to a fraudulent transfer may be commenced.”

— Colo. Rev. Stat. § 38-8-110(1)(a) — 4 cases

Egbune v. Always Enter. (Colo. Ct. App. 2025). “” And because Breckenridge asserted its CUFTA claim within one year of that date, it satisfied the one-year statute of limitations in section 38-8-110(1)(a), C.R.S. 2024. ¶ 16 We agree with the court’s ruling.”

Wilson v. Pauling (D. Colo. 2020). “See Colo. Rev. Stat § 38-8-110(1)(a)–(b). Ms.”

Churchill Med. Sys., Inc. v. Rubacha (D. Colo. 2019). “” Colo. Rev. Stat. § 38-8-110 (1)(c) (“paragraph (1)(c)”).”

— Colo. Rev. Stat. § 38-8-110(1)(c) — 2 cases

Krol v. Unglaub (In Re Unglaub), 332 B.R. 303 (Bankr. N.D. Ill. 2005). “Colo. Rev.Stat. § 38-8-110(1)(c). The Mortgage given to Nancy on the Colorado Property was recorded in April 2003.”

Wilson v. Pauling (D. Colo. 2020). “See Colo. Rev. Stat § 38-8-110(1)(a)–(b). Ms.”

— Colo. Rev. Stat. § 38-8-110(1l)(a) — 1 case

— Colo. Rev. Stat. § 38-8-110(l)(a) — 3 cases

Sands v. New Age Fam. P'ship, Ltd., 897 P.2d 917 (Colo. Ct. App. 1995). “” See § 38-8-110(l)(a). Noting that the previous fraudulent conveyance statute does not apply to any “transfer made or obligation incurred on or after July 1, 1991,” see § 38-10-117(2), C.”

Fitzgibbons v. Thomason (In Re Thomason), 202 B.R. 768 (Bankr.D. Colo. 1996). “Under C.R.S. §§ 38-8-110(l)(a) and (b), an action pursuant to §§ 38-8-105(l)(a) or (l)(b) must be brought within fours years of the transfer.”

Krol v. Unglaub (In Re Unglaub), 332 B.R. 303 (Bankr. N.D. Ill. 2005). “Colo. Rev.Stat. § 38-8-110(1)(c). The Mortgage given to Nancy on the Colorado Property was recorded in April 2003.”

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