Vermont Statutes Title 9 Sec. 2291
Terms Used In Vermont Statutes Title 9 Sec. 2291
- Asset: means property of a debtor, but the term does not include:
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Creditor: means a person who has a claim. See
- Debtor: means a person who is liable on a claim. See
- 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: means anything that may be the subject of ownership. See
- Transfer: means every mode, direct or indirect, absolute or conditional, voluntary or involuntary, of disposing of or parting with an asset or an interest in an asset, and includes payment of money, release, lease, and creation of a lien or other encumbrance. See
§ 2291. Remedies of creditor
(a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in section 2292 of this title, 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 the Vermont Rules of Civil Procedure;
(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.
(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. (Added 1995, No. 179 (Adj. Sess.), § 14; amended 2017, No. 20, § 1.)