It depends. What is your threat model? The answer could range from one day to six years.
One day: Yesterday, Megadonor Crypto was unquestionably solvent and transferred $100MM to Megadonor Foundation. Unfortunately, there was a massive non-insider hack the next day and Megadonor Crypto immediately became insolvent. The 90-day rule requires that the debtor be insolvent at the time of transfer, although it creates a rebuttable presumption that it was. See 11 USC 547(f).
Up to six years: Megadonor Ponzi was a clone on Bernie Madoff’s operation and transferred $100MM. Because the Ponzi scheme is by definition insolvent and Megadonor Ponzi received no value for the transfer, this is a fraudulent conveyance unless the limited charitable safe harbor applies. Although the federal fraudulent conveyance rule in bankruptcy has a two-year limit, see 11 USC 548, a trustee may also use any analogous power under applicable state law (and some of them go back up to six years). See 11 USC 544.
It depends. What is your threat model? The answer could range from one day to six years.
One day: Yesterday, Megadonor Crypto was unquestionably solvent and transferred $100MM to Megadonor Foundation. Unfortunately, there was a massive non-insider hack the next day and Megadonor Crypto immediately became insolvent. The 90-day rule requires that the debtor be insolvent at the time of transfer, although it creates a rebuttable presumption that it was. See 11 USC 547(f).
Up to six years: Megadonor Ponzi was a clone on Bernie Madoff’s operation and transferred $100MM. Because the Ponzi scheme is by definition insolvent and Megadonor Ponzi received no value for the transfer, this is a fraudulent conveyance unless the limited charitable safe harbor applies. Although the federal fraudulent conveyance rule in bankruptcy has a two-year limit, see 11 USC 548, a trustee may also use any analogous power under applicable state law (and some of them go back up to six years). See 11 USC 544.