TITLE 55

PROPERTY IN GENERAL

CHAPTER 9

UNLAWFUL TRANSFERS

55-916.  Remedies of creditor. (1) In an action for relief against a transfer or obligation under this act, a creditor, subject to the limitations in section 55-917, Idaho Code, 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 if available under applicable law; and

(c)  Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:

1.  an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

2.  appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

3.  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.

History:

[55-916, added 1987, ch. 202, sec. 2, p. 427; am. 2015, ch. 342, sec. 6, p. 1293.]