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§ 5107. Remedies of creditor

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 12 Pa.C.S.A. Commerce and TradeEffective: February 20, 2018

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 12 Pa.C.S.A. Commerce and Trade (Refs & Annos)
Part IV. Commercial Protection (Refs & Annos)
Chapter 51. Voidable Transactions (Refs & Annos)
Effective: February 20, 2018
12 Pa.C.S.A. § 5107
§ 5107. Remedies of creditor
(a) Available remedies.--In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in sections 5108 (relating to defenses, liability and protection of transferee or obligee) and 5109 (relating to extinguishment of claim for relief), 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.
(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) Execution.--If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, subject to the limitations of sections 5108 and 5109, may levy execution on the asset transferred or its proceeds.

Credits

1993, Dec. 3, P.L. 479, No. 70, § 1, effective in 60 days. Amended 2017, Dec. 22, P.L. 1249, No. 78, § 2, effective in 60 days [Feb. 20, 2018].
12 Pa.C.S.A. § 5107, PA ST 12 Pa.C.S.A. § 5107
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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