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N.Y. Debtor & Creditor Law § 276

Remedies of creditor

Redline — January 1, 2015 → current.View current text →
Current — January 1, 2021
As of January 1, 2015
§ 276. Conveyance made with intent to defraud. Every conveyance made\nand every obligation incurred with actual intent, as distinguished from\nintent presumed in law, to hinder, delay, or defraud either present or\nfuture creditors, is fraudulent as to both present and future creditors.\n
§ 276. Remedies of creditor. (a) In an action for relief against a\ntransfer or obligation under this article, a creditor, subject to the\nlimitations in section two hundred seventy-seven of this article, may\nobtain:\n (1) avoidance of the transfer or obligation to the extent necessary to\nsatisfy the creditor's claim;\n (2) an attachment or other provisional remedy against the asset\ntransferred or other property of the transferee if available under\napplicable law; and\n (3) subject to applicable principles of equity and in accordance with\napplicable rules of civil procedure:\n (i) an injunction against further disposition by the debtor or a\ntransferee, or both, of the asset transferred or of other property;\n (ii) appointment of a receiver to take charge of the asset transferred\nor of other property of the transferee; or\n (iii) any other relief the circumstances may require.\n (b) If a creditor has obtained a judgment on a claim against the\ndebtor, the creditor, if the court so orders, may levy execution on the\nasset transferred or its proceeds.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.