Nebraska § 36-808 Remedies of creditor

Nebraska Statutes

§ 36-808 — Remedies of creditor

Nebraska § 36-808

Ch. 36Fraud and Voidable Transactions

This text of Nebraska § 36-808 (Remedies of creditor) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 36-808 (2026).

Text

(a)In an action for relief against a transfer or obligation under the Uniform Voidable Transactions Act, a creditor, subject to the limitations in section 36-809 , 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 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

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(a) In an action for relief against a transfer or obligation under the Uniform Voidable Transactions Act, a creditor, subject to the limitations in section 36-809 , 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 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.

Legislative History

Source: Laws 2019, LB70, § 8. Annotations: 1. Prior law (Uniform Fraudulent Transfer Act, sections 36-701 to 36-712) Pursuant to subdivision (a)(1) of section 36-708, the Uniform Fraudulent Transfer Act requires some nexus between the claim upon which an individual's creditor status depends and the purpose for which that individual seeks to set aside a fraudulent transfer. Reed v. Reed, 275 Neb. 418, 747 N.W.2d 18 (2008).