State Codes and Statutes

Statutes > Missouri > T27 > C428 > 428_039

Remedies of creditors.

428.039. 1. In an action for relief against a transfer orobligation under sections 428.005 to 428.059, a creditor, subjectto the limitations in section 428.044, may obtain:

(1) Avoidance of the transfer or obligation to the extentnecessary to satisfy the creditor's claim;

(2) An attachment or other provisional remedy against theasset transferred or other property of the transferee inaccordance with the procedure prescribed by applicable laws ofthis state;

(3) Subject to applicable principles of equity and inaccordance with applicable rules of civil procedure,

(a) An injunction against further disposition by the debtoror a transferee, or both, of the asset transferred or of otherproperty;

(b) Appointment of a receiver to take charge of the assettransferred or of other property of the transferee; or

(c) Any other relief the circumstances may require.

2. If a creditor has obtained a judgment on a claim againstthe debtor, the creditor, if the court so orders, may levyexecution on the asset transferred or its proceeds.

(L. 1992 S.B. 448)

State Codes and Statutes

Statutes > Missouri > T27 > C428 > 428_039

Remedies of creditors.

428.039. 1. In an action for relief against a transfer orobligation under sections 428.005 to 428.059, a creditor, subjectto the limitations in section 428.044, may obtain:

(1) Avoidance of the transfer or obligation to the extentnecessary to satisfy the creditor's claim;

(2) An attachment or other provisional remedy against theasset transferred or other property of the transferee inaccordance with the procedure prescribed by applicable laws ofthis state;

(3) Subject to applicable principles of equity and inaccordance with applicable rules of civil procedure,

(a) An injunction against further disposition by the debtoror a transferee, or both, of the asset transferred or of otherproperty;

(b) Appointment of a receiver to take charge of the assettransferred or of other property of the transferee; or

(c) Any other relief the circumstances may require.

2. If a creditor has obtained a judgment on a claim againstthe debtor, the creditor, if the court so orders, may levyexecution on the asset transferred or its proceeds.

(L. 1992 S.B. 448)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T27 > C428 > 428_039

Remedies of creditors.

428.039. 1. In an action for relief against a transfer orobligation under sections 428.005 to 428.059, a creditor, subjectto the limitations in section 428.044, may obtain:

(1) Avoidance of the transfer or obligation to the extentnecessary to satisfy the creditor's claim;

(2) An attachment or other provisional remedy against theasset transferred or other property of the transferee inaccordance with the procedure prescribed by applicable laws ofthis state;

(3) Subject to applicable principles of equity and inaccordance with applicable rules of civil procedure,

(a) An injunction against further disposition by the debtoror a transferee, or both, of the asset transferred or of otherproperty;

(b) Appointment of a receiver to take charge of the assettransferred or of other property of the transferee; or

(c) Any other relief the circumstances may require.

2. If a creditor has obtained a judgment on a claim againstthe debtor, the creditor, if the court so orders, may levyexecution on the asset transferred or its proceeds.

(L. 1992 S.B. 448)