South Dakota § 54-8A-7 Remedies of creditors.

South Dakota Statutes

§ 54-8A-7 — Remedies of creditors.

South Dakota·Title 54 DEBTOR AND CREDITOR·Ch. 54-8A UNIFORM FRAUDULENT TRANSFER ACT

(a)In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in § 54-8A-8 , 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;

(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 cred

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(a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in § 54-8A-8 , 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; (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.

South Dakota § 54-8A-7 (Remedies of creditors.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.