State Codes and Statutes

Statutes > New-mexico > Chapter-56 > Article-10 > Section-56-10-21

56-10-21. Remedies of creditors.

A.     In an action for relief against a transfer or obligation under the Uniform Fraudulent Transfer Act [56-10-14 to 56-10-25 NMSA 1978] a creditor, subject to the limitations in Section 9 [56-10-22 NMSA 1978] of that act, may obtain:   

(1)     avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;   

(2)     an attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with procedures prescribed by law; or   

(3)     subject to applicable principles of equity and in accordance with applicable rules of civil procedure:   

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

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

(c)     any other relief the circumstances may require.   

B.     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.   

State Codes and Statutes

Statutes > New-mexico > Chapter-56 > Article-10 > Section-56-10-21

56-10-21. Remedies of creditors.

A.     In an action for relief against a transfer or obligation under the Uniform Fraudulent Transfer Act [56-10-14 to 56-10-25 NMSA 1978] a creditor, subject to the limitations in Section 9 [56-10-22 NMSA 1978] of that act, may obtain:   

(1)     avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;   

(2)     an attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with procedures prescribed by law; or   

(3)     subject to applicable principles of equity and in accordance with applicable rules of civil procedure:   

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

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

(c)     any other relief the circumstances may require.   

B.     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.   


State Codes and Statutes

State Codes and Statutes

Statutes > New-mexico > Chapter-56 > Article-10 > Section-56-10-21

56-10-21. Remedies of creditors.

A.     In an action for relief against a transfer or obligation under the Uniform Fraudulent Transfer Act [56-10-14 to 56-10-25 NMSA 1978] a creditor, subject to the limitations in Section 9 [56-10-22 NMSA 1978] of that act, may obtain:   

(1)     avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;   

(2)     an attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with procedures prescribed by law; or   

(3)     subject to applicable principles of equity and in accordance with applicable rules of civil procedure:   

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

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

(c)     any other relief the circumstances may require.   

B.     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.