Alabama § 8-9B-8 Remedies of Creditor

Alabama Statutes

§ 8-9B-8 — Remedies of Creditor

Alabama·Title 8 Commercial Law and Consumer Protection·Ch. 9B Alabama Uniform Voidable Transactions Act

(a)In an action for relief against a transfer under this chapter, a creditor, subject to the limitations in Section 8-9B-9, may obtain:

(1)avoidance of the transfer 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 if available under applicable law; and

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

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

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

(iii)any other relief the circumstances may require.

(b)If a creditor

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(a) In an action for relief against a transfer under this chapter, a creditor, subject to the limitations in Section 8-9B-9, may obtain:
(1) avoidance of the transfer 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 if available under applicable law; and
(3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(iii) 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.

Alabama § 8-9B-8 (Remedies of Creditor) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.