In any action brought by a creditor pursuant to § 55.1-400, 55.1-401, or 55.1-402, where a (i) gift; (ii) deed; (iii) conveyance, assignment, or transfer of or charge upon the estate of a debtor; (iv) action commenced or judgment or execution suffered or obtained; or (v) bond or other writing is declared void, the court shall award counsel for the creditor reasonable attorney fees against the debtor. Upon a finding of fraudulent conveyance pursuant to § 55.1-400, the court may assess sanctions, including such attorney fees, against all parties over which it has jurisdiction who, with the intent to defraud and having knowledge of the judgment, participated in the conveyance. Should there be a resulting judicial sale, any award of attorney fees shall be paid out of the proceeds of the sale, as other costs are paid, provided that the award of attorney fees does not affect a prior lien creditor not represented by the attorney.
2009, c. 593, § 55-82.1; 2012, c. 810; 2019, c. 712.
Structure Code of Virginia
Title 55.1 - Property and Conveyances
Chapter 4 - Fraudulent and Voluntary Conveyances; Writings Necessary to Be Recorded
§ 55.1-400. Void fraudulent acts; bona fide purchasers not affected
§ 55.1-402. Creditor's action to avoid such gifts, conveyances, assignments, transfers, or charges
§ 55.1-403. Creditor's action; attorney fees
§ 55.1-404. Authority of court to set aside
§ 55.1-405. Loans and reservations of a use or property to be recorded
§ 55.1-406. Certain recorded contracts as valid as deeds
§ 55.1-408. Where to be recorded
§ 55.1-409. Recordation of instruments affecting civil aircraft of United States
§ 55.1-410. Priority of writings when admitted to record same day
§ 55.1-411. When writings to be recorded in county, and when in city
§ 55.1-412. Words "creditors" and "purchasers," how construed
§ 55.1-413. Lien of subsequent purchaser for purchase money paid before notice
§ 55.1-414. When purchaser not affected by record of deed or contract