Mont. Code Ann. » TITLE 31. CREDIT TRANSACTIONS AND RELATIONSHIPS · CHAPTER 2. DEBTOR AND CREDITOR RELATIONSHIPS · Part 3. Uniform Fraudulent Transfer Act
Montana Code Annotated

Mont. Code Ann. § 31-2-341 (2026)

Termination Of Cause Of Action

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 31
  3. CHAPTER 2
  4. Part 3
  5. 31-2-341 Termination of cause of action

TITLE 31. CREDIT TRANSACTIONS AND RELATIONSHIPS

CHAPTER 2. DEBTOR AND CREDITOR RELATIONSHIPS

Part 3. Uniform Fraudulent Transfer Act

Termination Of Cause Of Action

31-2-341. Termination of cause of action. A cause of action with respect to a fraudulent transfer or obligation under this part is terminated unless an action is brought under:

(1) 31-2-333(1)(a) within 4 years after the transfer was made or the obligation was incurred or, if later, within 2 years after the transfer or obligation was or could reasonably have been discovered by the claimant;

(2) 31-2-333(1)(b) or 31-2-334(1) within 4 years after the transfer was made or the obligation was incurred; or

(3) 31-2-334(2) within 2 years after the transfer was made or the obligation was incurred.

History: En. Sec. 10, Ch. 324, L. 1991; amd. Sec. 1, Ch. 440, L. 2005.

Notes of Decisions
Cited in 5 cases, 1996–2013 · leading case: Gulf Ins. Co. v. Clark, 2001 MT 45 (Mont. 2001).
Sort: Relevance Newest Treatment
Gulf Ins. Co. v. Clark, 2001 MT 45 (Mont. 2001). · cites it 15× “The court reasoned that under the clear mandate of § 31-2-341, MCA, under UFTA, a cause of action with respect to a fraudulént transfer must be brought within two years of the transfer itself, or, alternatively, within one year of the reasonable discovery of the transfer by the…”
Womack v. Eggebrecht (In re Demis), 191 B.R. 851 (Bankr. D. Mont. 1996). · cites it 17× “324 § 11, 5 the relevant statute of limitations for fraudulent conveyance actions under the UFTA became Mont.Code Ann. § 31-2-341 (1991). 6 The UFTA extinguishes claims under sub-parts 333(l)(a) and (b) not pressed “within 2 years after the transfer was made.”
Olympic Coast Inv., Inc. v. Wright (In Re Wright), 364 B.R. 51 (Bankr. D. Mont. 2007). · cites it 2× “The Montana legislature amended Mont. Code Ann. § 31-2-341 , effective April 28, 2005, and amended the 2-year lookback to 4 years and amended the 1-year lookback to 2 years.”
Finn v. All. Bank, 838 N.W.2d 585 (Minn. Ct. App. 2013). “049 (West 2010); Mont.Code Ann. § 31-2-341 (2011) (lengthening the discovery provision to two years); Neb.”
Gulf Ins. v. Clark, 2003 MT 87 (Mont. 2003). · cites it 2× “However, as part of our conclusion that Clark’s transfers “could reasonably have been discovered” earlier by Gulf and Security as required by § 31-2-341, MCA, we noted that Gulf and Security had hired the services of several private investigators to collect information on…”
— Mont. Code Ann. § 31-2-341(1) — 2 cases
Gulf Ins. Co. v. Clark, 2001 MT 45 (Mont. 2001). “The court reasoned that under the clear mandate of § 31-2-341, MCA, under UFTA, a cause of action with respect to a fraudulént transfer must be brought within two years of the transfer itself, or, alternatively, within one year of the reasonable discovery of the transfer by the…”
Womack v. Eggebrecht (In re Demis), 191 B.R. 851 (Bankr. D. Mont. 1996). “324 § 11, 5 the relevant statute of limitations for fraudulent conveyance actions under the UFTA became Mont.Code Ann. § 31-2-341 (1991). 6 The UFTA extinguishes claims under sub-parts 333(l)(a) and (b) not pressed “within 2 years after the transfer was made.”
— Mont. Code Ann. § 31-2-341(2) — 1 case
Womack v. Eggebrecht (In re Demis), 191 B.R. 851 (Bankr. D. Mont. 1996). “324 § 11, 5 the relevant statute of limitations for fraudulent conveyance actions under the UFTA became Mont.Code Ann. § 31-2-341 (1991). 6 The UFTA extinguishes claims under sub-parts 333(l)(a) and (b) not pressed “within 2 years after the transfer was made.”
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