31-2-339. Remedies of creditors. (1) In an action for relief against a transfer or obligation under this part, a creditor, subject to the limitations in 31-2-340, 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 in accordance with the procedure prescribed by Title 27, chapter 18; or
(c) subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(i) an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(ii) appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or
(iii) 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.
History: En. Sec. 8, Ch. 324, L. 1991.
Structure Montana Code Annotated
Title 31. Credit Transactions and Relationships
Chapter 2. Debtor and Creditor Relationships
Part 3. Uniform Fraudulent Transfer Act
31-2-304. through 31-2-310 reserved
31-2-318. through 31-2-320 reserved
31-2-327. Uniformity of application and construction
31-2-331. and 31-2-332 reserved
31-2-333. Transfers fraudulent as to present and future creditors
31-2-334. Transfers fraudulent as to present creditors
31-2-335. When transfer made or obligation incurred
31-2-336. through 31-2-338 reserved
31-2-339. Remedies of creditors
31-2-340. Defenses, liability, and protection of transferee