Schnidt v. HSC, Inc.

Opinion of the Court by

ACOBA, J.

We hold that, in accordance with the text of Hawai'i Revised Statutes (HRS) § 651C-9(1) (1993) 1 pertaining to the Uniform Fraudulent Transfers Act (UFTA 2 ), that the one year limitations period that begins on the date a transfer “was or could reasonably have been discovered by the claimant” commences when a plaintiff discovers or could reasonably have discovered a transfer’s fraudulent nature. The Intermediate Court of Appeals (ICA), however, held that the limitations period begins when the transfer, rather than its fraudulent nature, is discovered, and…