§ 3439.07. — 3439.07. (Amended by Stats. 2015, Ch. 44, Sec. 9.)

California § 3439.07.

• Jurisdiction: California
• Code CIV: Civil Code - CIV
• Div. 4.: DIVISION 4. GENERAL PROVISIONS
• Title: 2.
• Part 2.: TITLE 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS
• Ch. 1.: CHAPTER 1. Uniform Voidable Transactions Act

Text

(a)
In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 3439.08, 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 the procedures described in Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure, or as may otherwise be available under applicable law.
(3)
Subject to applicable principles of equity and in accordance with applicable rules of civil procedure, the following:
(A)
An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or other property of the transferee.
(B)
Appointment of a receiver to take charge of the asset transferred or other property of the transferee.
(C)
Any other relief the circumstances may require.
(b)
If a creditor has commenced an action on a claim against the debtor, the creditor may attach the asset transferred or other property of the transferee if the remedy of attachment is available in the action under applicable law and the property is subject to attachment in the hands of the transferee under applicable law.
(c)
If a creditor has obtained a judgment on a claim against the debtor, the creditor may levy execution on the asset transferred or its proceeds.
(d)
A creditor who is an assignee of a general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, may exercise any and all of the rights and remedies specified in this section if they are available to any one or more creditors of the assignor who are beneficiaries of the assignment, and, in that event (1) only to the extent the rights or remedies are so
available and (2) only for the benefit of those creditors whose rights are asserted by the assignee.

Legislative History

Amended by Stats. 2015, Ch. 44, Sec. 9. (SB 161) Effective January 1, 2016.