36-808. Remedies of creditor.

225 words·~1 min read·/ne/chapter-36/36-808

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

(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.

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).