Rights of creditor whose claim has matured

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    (a)    If a conveyance or obligation is fraudulent as to a creditor whose claim has matured, the creditor, as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase or one who has derived title immediately or immediately from such a purchaser, may:

        (1)    Have the conveyance set aside or obligation annulled to the extent necessary to satisfy the claim; or

        (2)    Levy on or garnish the property conveyed as if the conveyance were not made.

    (b)    In an action to have a conveyance set aside or an obligation annulled, it is not necessary as a condition to the granting of relief that the creditor first obtain judgment on the claim.

    (c)    A purchaser who without actual fraudulent intent has given less than a fair consideration for the conveyance or obligation may retain the property or obligation as security for repayment.


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