Remedies of creditors

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§3578. Remedies of creditors

1.  Action for relief.  In any action for relief against a transfer or obligation under this Act, a creditor, subject to the limitations provided in section 3579, may obtain:  

A. Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;   [PL 1985, c. 641, §3 (NEW).]

B. An attachment, trustee process or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by law; or   [PL 1985, c. 641, §3 (NEW).]

C. Subject to applicable principles of equity and in accordance with applicable civil rules of procedure:  

(1) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;  

(2) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee;  

(3) Damages in an amount not to exceed double the value of the property transferred or concealed; or  

(4) Any other relief the circumstances may require.   [PL 1991, c. 114 (AMD).]

[PL 1991, c. 114 (AMD).]

2.  Execution.  If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.  

[PL 1985, c. 641, §3 (NEW).]

SECTION HISTORY

PL 1985, c. 641, §3 (NEW). PL 1991, c. 114 (AMD).


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