Idaho Code 55-916 – Remedies of Creditor
Current as of: 2023 | Check for updates
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(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.
Terms Used In Idaho Code 55-916
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Property: includes both real and personal property. See Idaho Code 73-114