ILCS » Chapter 740 · Act 160
Illinois Compiled Statutes

740 ILCS 160/10 (2026)

A cause of action with respect to a fraudulent transfer or obligation under this Act is extinguished unless action is brought:     (a) under paragraph (1) of subsection (a) of Section 5, within 4 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 paragraph (2) of subsection (a) of Section 5 or subsection (a) of Section 6, within 4 years after the transfer was made or the obligation was incurred; or     (c) under subsection (b) of Section 6, within one year after the transfer was made or the obligation was incurred

✓ current as of May 2026
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(740 ILCS 160/10) (from Ch. 59, par. 110)
    Sec. 10. A cause of action with respect to a fraudulent transfer or obligation under this Act is extinguished unless action is brought:
    (a) under paragraph (1) of subsection (a) of Section 5, within 4 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 paragraph (2) of subsection (a) of Section 5 or subsection (a) of Section 6, within 4 years after the transfer was made or the obligation was incurred; or
    (c) under subsection (b) of Section 6, within one year after the transfer was made or the obligation was incurred.
(Source: P.A. 86-814.)

    
Notes of Decisions
Cited in 29 cases (6 in the last 5 years), 1994–2024 · leading case: Workforce Solutions v. Urban Servs. of Am., Inc., 2012 IL App (1st) 111410 (Ill. App. Ct. 2012).
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Workforce Solutions v. Urban Servs. of Am., Inc., 2012 IL App (1st) 111410 (Ill. App. Ct. 2012). · cites it 4× “740 ILCS 160/10 (West 2008). Additionally, the court found that Workforce failed to produce evidence that TSG held any assets that could be applied to satisfy the judgment.”
McGinley Partners, LLC v. Royalty Props., LLC, 2021 IL App (1st) 200390 (Ill. App. Ct. 2021). · cites it 3× “A cause of action with respect to a fraudulent transfer under the Act must be brought “within 4 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…”
Levy v. Markal Sales Corp., 724 N.E.2d 1008 (Ill. App. Ct. 2000). · cites it 3× “308) certified the following question of law for an interlocutory appeal: “Whether the four-year statute of limitations period provided by section 10(a) of Illinois’ Uniform Fraudulent Transfer Act, 740 ILCS 160/10(a), runs from the date of the alleged fraudulent transfer or…”
Salisbury v. Majesky, 817 N.E.2d 1219 (Ill. App. Ct. 2004). · cites it 3× “Section 10 provides, in relevant part: “A cause of action with respect to a fraudulent transfer *** under this Act is extinguished unless action is brought: (a) *** within 4 years after the transfer was made *** or, if later, within one year after the transfer *** was or could…”
Helms v. Roti (In Re Roti), 271 B.R. 281 (Bankr. N.D. Ill. 2002). “740 ILCS 160/10(a). 3 . 740 ILCS 160/4(b) sets forth a definition for "reasonably equivalent value” that does not apply to this matter.”
Grochocinski v. Zeigler (In Re Zeigler), 320 B.R. 362 (Bankr. N.D. Ill. 2005). “740 ILCS 160/10(a). 3 . 740 ILCS 160/4(b) sets forth a definition for “reasonably equivalent value" that does not apply to this matter.”
GEA Grp. AG v. Flex-N-Gate Corp., 740 F.3d 411 (7th Cir. 2014). “The statute of limitations in both the Uniform Fraudulent Transfer Act and Illinois’s version of the Act is only four years, see 740 ILCS 160/10, and begins to run on the date of the transfer (or within a year after the plaintiff discovered the transfer if he had not and could…”
Maxwell v. Barounis (In Re Swiontek), 376 B.R. 851 (Bankr. N.D. Ill. 2007). · cites it 2× “” 740 ILCS 160/10(a). Actions based on § 5(a)(2) must be filed "within 4 years after the transfer was made or the obligation was incurred” for causes of actions based on § 5(a)(2).”
Krol v. Wilcek (In Re H. King & Assocs.), 295 B.R. 246 (Bankr. N.D. Ill. 2003). “740 ILCS 160/10(a). 3 . 740 ILCS 160/4(b) sets forth a definition for "reasonably equivalent value” that does not apply to this matter.”
Martino v. Edison Worldwide Capital (In Re Randy), 189 B.R. 425 (Bankr. N.D. Ill. 1995). “740 ILCS 160/10(a). Therefore, the Trustee must rely on Illinois law if he is to recover commission payments that were made earlier than one year before the bankruptcy petition was filed.”
Reinbold v. Kohansieh (In re Sandburg Mall Realty Mgmt. LLC), 563 B.R. 875 (Bankr. C.D. Ill. 2017). “740 ILCS 160/10(a). Under this alternative, a limited form of discovery rule, the one-year limitations period starts to run when the creditor first becomes aware of the transfer or could reasonably have discovered it.”
Brant v. Gerardo (In Re Gerardo Leasing, Inc.), 173 B.R. 379 (Bankr. N.D. Ill. 1994). “740 ILCS 160/10 (1993). Moreover, the Trustee argues that all of payments at issue could merely be repleaded or altered under that Illinois law so that their defeat on § 546(a) grounds would be “futile.”
Show all 29 citing cases →
— 740 ILCS 160/10(a) — 20 cases
Levy v. Markal Sales Corp., 724 N.E.2d 1008 (Ill. App. Ct. 2000). “308) certified the following question of law for an interlocutory appeal: “Whether the four-year statute of limitations period provided by section 10(a) of Illinois’ Uniform Fraudulent Transfer Act, 740 ILCS 160/10(a), runs from the date of the alleged fraudulent transfer or…”
McGinley Partners, LLC v. Royalty Props., LLC, 2021 IL App (1st) 200390 (Ill. App. Ct. 2021). “A cause of action with respect to a fraudulent transfer under the Act must be brought “within 4 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…”
Salisbury v. Majesky, 817 N.E.2d 1219 (Ill. App. Ct. 2004). “Section 10 provides, in relevant part: “A cause of action with respect to a fraudulent transfer *** under this Act is extinguished unless action is brought: (a) *** within 4 years after the transfer was made *** or, if later, within one year after the transfer *** was or could…”
Helms v. Roti (In Re Roti), 271 B.R. 281 (Bankr. N.D. Ill. 2002). “740 ILCS 160/10(a). 3 . 740 ILCS 160/4(b) sets forth a definition for "reasonably equivalent value” that does not apply to this matter.”
Grochocinski v. Zeigler (In Re Zeigler), 320 B.R. 362 (Bankr. N.D. Ill. 2005). “740 ILCS 160/10(a). 3 . 740 ILCS 160/4(b) sets forth a definition for “reasonably equivalent value" that does not apply to this matter.”
— 740 ILCS 160/10(a)(l) — 1 case
Harris Bank, N.A. v. Werner (In Re Werner), 386 B.R. 684 (Bankr. N.D. Ill. 2008).
— 740 ILCS 160/10(b) — 5 cases
McGinley Partners, LLC v. Royalty Props., LLC, 2021 IL App (1st) 200390 (Ill. App. Ct. 2021). “A cause of action with respect to a fraudulent transfer under the Act must be brought “within 4 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…”
Maxwell v. Barounis (In Re Swiontek), 376 B.R. 851 (Bankr. N.D. Ill. 2007). “” 740 ILCS 160/10(a). Actions based on § 5(a)(2) must be filed "within 4 years after the transfer was made or the obligation was incurred” for causes of actions based on § 5(a)(2).”
McGinley Partners, LLC v. Royalty Props., LLC, 2021 IL App (1st) 200390 (Ill. App. Ct. 2021).
Sheldon Stone v. Citizens Equity First Credit Union (7th Cir. 2024).
Damian v. Pepperdine Univ. (N.D. Ill. 2022).
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