☰ Revisor of Missouri


Chapter 428

< > Effective - 28 Aug 1992    bottom

  428.039.  Remedies of creditors. — 1.  In an action for relief against a transfer or obligation under sections 428.005 to 428.059, a creditor, subject to the limitations in section 428.044, 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 applicable laws of this state;

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

  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.


(L. 1992 S.B. 448)

---- end of effective  28 Aug 1992 ----

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