West Virginia § 40-1A-7 Remedies of creditors

West Virginia Statutes

§ 40-1A-7 — Remedies of creditors

West Virginia § 40-1A-7

Ch. 40ACTS VOID AS TO CREDITORS AND PURCHASERS

Art. 1AUNIFORM FRAUDULENT TRANSFERS ACT

This text of West Virginia § 40-1A-7 (Remedies of creditors) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 40-1A-7 (2026).

Text

(a)In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in section eight of this article, 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)I

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(a) In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in section eight of this article, 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.