Montana § 31-2-339 Remedies Of Creditors

Montana Statutes

§ 31-2-339 — Remedies Of Creditors

Montana·Title 31 CREDIT TRANSACTIONS AND RELATIONSHIPS·Ch. 2 DEBTOR AND CREDITOR RELATIONSHIPS·Part 3 Uniform Fraudulent Transfer Act

31-2-339 . Remedies of creditors.

(1)In an action for relief against a transfer or obligation under this part, a creditor, subject to the limitations in 31-2-340 , may obtain:

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

(b)an attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by Title 27, chapter 18; or

(c)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

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31-2-339 . Remedies of creditors. (1) In an action for relief against a transfer or obligation under this part, a creditor, subject to the limitations in 31-2-340 , may obtain:
(a) avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;
(b) an attachment or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by Title 27, chapter 18; or
(c) 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.
(2) 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.

Montana § 31-2-339 (Remedies Of Creditors) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.