Rights of Creditors to Be Favored by Courts

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The rights of creditors shall be favored by the courts; and every remedy and facility shall be afforded them to detect, defeat, and annul any effort to defraud them of their just rights.

(Orig. Code 1863, § 1947; Code 1868, § 1935; Code 1873, § 1945; Code 1882, § 1945; Civil Code 1895, § 2687; Civil Code 1910, § 3216; Code 1933, § 28-102.)

RESEARCH REFERENCES

C.J.S.

- 37 C.J.S., Fraudulent Conveyances, §§ 1, 150 et seq.

ALR.

- Larceny or embezzlement as affected by purpose to take or retain property in payment of, or as security for, a claim, 13 A.L.R. 142; 116 A.L.R. 997.

Availability of judgment under which exempt property has been seized as a set-off or counterclaim against claim based on the wrongful seizure, 20 A.L.R. 276.

Attachment or execution creditor as purchaser within rule that first of two purchasers to obtain possession will prevail, 21 A.L.R. 1031.

Right of creditor to interest after bankruptcy, declared insolvency, or appointment of receiver, where assets are more than sufficient to pay the principal of all claims, 39 A.L.R. 457; 44 A.L.R. 1170.

Property covered by power of appointment as subject to claims of donee's creditors, 121 A.L.R. 803.

Right of creditors in respect of property gratuitously conveyed or transferred to a third person for alleged benefit of debtor, 147 A.L.R. 1160.

Purchase of annuity by debtor as fraud on creditors, 154 A.L.R. 727.

Construction and effect of provision in note for "renewal until paid," and the like, 35 A.L.R.2d 1090.

Conveyance or transfer in consideration of legal services, rendered or to be rendered, as fraudulent as against creditors, 45 A.L.R.2d 500.

Exemption of proceeds of national service life insurance from claims of creditors, 54 A.L.R.2d 1335.

Right of creditor to set up statute of limitations against other creditors of his debtor, 71 A.L.R.2d 1049.

Unsolicited mailing, distribution, house call, or telephone call as invasion of privacy, 56 A.L.R.3d 457.

Purchase of annuity by debtor as fraud on creditors, 74 A.L.R.6th 549.

Creditor's right to have bankruptcy discharge of individual debtor revoked, vacated, and set aside, 138 A.L.R. Fed 253.


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