Nebraska Revised Statutes
Chapter 36 - Fraud and Voidable Transactions
36-808 - Remedies of creditor.

36-808. Remedies of creditor.
(a) In an action for relief against a transfer or obligation under the Uniform Voidable Transactions Act, a creditor, subject to the limitations in section 36-809, 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 if available under applicable law; and
(3) 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.
(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.
Source

Annotations

1. Prior law (Uniform Fraudulent Transfer Act, sections 36-701 to 36-712)


Pursuant to subdivision (a)(1) of section 36-708, the Uniform Fraudulent Transfer Act requires some nexus between the claim upon which an individual's creditor status depends and the purpose for which that individual seeks to set aside a fraudulent transfer. Reed v. Reed, 275 Neb. 418, 747 N.W.2d 18 (2008).

Structure Nebraska Revised Statutes

Nebraska Revised Statutes

Chapter 36 - Fraud and Voidable Transactions

36-103 - Interest in land; how created.

36-104 - Interest in land; how created; devises; trusts by operation of law.

36-105 - Contracts for lease or sale of lands; when void.

36-106 - Contracts for lease or sale of lands; specific performance.

36-107 - Sale of lands; owner's contract with agent or broker; when void.

36-202 - Agreements; writing required, when.

36-203 - Auctioneer's memorandum, how construed.

36-211 - Motion picture films; contracts for rental; deposits a trust fund; safekeeping.

36-212 - Motion picture films; contracts for rental; deposits; waiver of rights void.

36-213 - Assignment of wages by head of family; similar transactions; limitations; when void.

36-213.01 - Assignment of wages by head of family; violation; penalty.

36-402 - Lands; estate and interest in lands, defined.

36-404 - Grant or assignment of existing trust; when void.

36-408 - Consideration; how proved.

36-409 - Agent; authority to subscribe.

36-801 - Short title.

36-802 - Definitions.

36-803 - Insolvency.

36-804 - Value.

36-805 - Transfer or obligation voidable as to present or future creditor.

36-806 - Transfer or obligation voidable as to present creditor.

36-807 - When transfer is made or obligation is incurred.

36-808 - Remedies of creditor.

36-809 - Defenses, liability, and protection of transferee or obligee.

36-810 - Extinguishment of claim for relief.

36-811 - Governing law.

36-812 - Application to series organization.

36-813 - Supplementary provisions.

36-814 - Uniformity of application and construction.

36-815 - Relation to Electronic Signatures in Global and National Commerce Act.