Iowa Code 684.7 – Remedies of creditors
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Terms Used In Iowa Code 684.7
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- 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 personal and real property. See Iowa Code 4.1
684.7 Remedies of creditors.
1. In an action for relief against a transfer or obligation under this chapter, a creditor,
subject to the limitations in § 684.8, may obtain any of the following:
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.
c. Subject to applicable principles of equity and in accordance with applicable rules of civil procedure, any of the following:
(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.
(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.
94 Acts, ch 1121, §11; 2016 Acts, ch 1040, §7, 15
Referred to in §684.8
2016 amendment to subsection 1, paragraph b, applies to a transfer made or an obligation incurred, as provided in §684.6, on or after
July 1, 2016; 2016 Acts, ch 1040, §15
1. In an action for relief against a transfer or obligation under this chapter, a creditor,
subject to the limitations in § 684.8, may obtain any of the following:
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.
c. Subject to applicable principles of equity and in accordance with applicable rules of civil procedure, any of the following:
(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.
(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.
94 Acts, ch 1121, §11; 2016 Acts, ch 1040, §7, 15
Referred to in §684.8
2016 amendment to subsection 1, paragraph b, applies to a transfer made or an obligation incurred, as provided in §684.6, on or after
July 1, 2016; 2016 Acts, ch 1040, §15