[§651C-7] Remedies of creditors.

328 words·~1 min read·/hi/651c-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In any action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations provided in section 651C-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 in accordance with the procedure prescribed by chapter 651;

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

(A)An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

(B)Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

(C)Any other relief the circumstances may require.

(b)If a creditor has obtained a judgment on a claim against the debtor, the creditor may, if the court so orders, levy execution on the asset transferred or its proceeds. [L 1985, c 216, pt of §1]

Case Notes

Action in which plaintiff made fraudulent transfer claims under the Hawaii uniform fraudulent transfer act, seeking to avoid the transfer of real property to the extent necessary to satisfy plaintiff's claims and/or to grant plaintiff other relief under subsection (a), was an appropriate subject of a lis pendens under the Hawaii doctrine of lis pendens, codified in §634-51. 457 F. Supp. 2d 1121 (2006).

Petitioners were entitled to a variety of means (§§651C-8 and 651C-10 and this section) to secure a full recovery of their losses from respondent and/or the asset fraudulently transferred to respondent, but only once, not twice; moreover, nothing in this chapter requires petitioners to elect one remedy over another. This chapter does not, however, allow petitioners recovery of both the asset transferred (regardless of its value) and, in addition, a judgment in the full amount of their damages. 130 H. 58 (App.), 305 P.3d 474 (2013).