(a) In an action for relief against a transfer or obligation under sections
52-552a to
52-552l, inclusive, a creditor, subject to the limitations in section
52-552i, 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 chapter 903a; (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.
(P.A. 91-297, S. 8.)
Plain language of section demonstrates that Uniform Fraudulent Transfer Act was enacted specifically to expand range of a creditor's remedies beyond the common-law property and proceeds rule; section does not vest court with unfettered discretion to award damages to creditors who have failed to avail themselves of all the protections afforded under the act. 266 C. 1.
Cited. 46 CA 199. Trial court's order of relief allowing plaintiff to attach defendants' property and levy execution thereon was well within court's authority to grant under section after finding of liability for a fraudulent transfer. 201 CA 774.
Notes of Decisions
Cited in
24
cases (
2 in the last 5 years), 1997–2026 · leading case:
Robinson v. Coughlin, 830 A.2d 1114 (Conn. 2003).
Robinson v. Coughlin, 830 A.2d 1114 (Conn. 2003).
· cites it 19× “According to the plaintiffs, the plain language of General Statutes §§ 52-552h and 52-552Í demonstrates that UFTA was enacted specifically to expand the range of a creditor’s remedies beyond the common-law property and proceeds rule.”
Geriatrics, Inc. v. McGee, 208 A.3d 1197 (Conn. 2019).
· cites it 4× “See General Statutes § 52-552h. Defenses and various other protections are available to a transferee who has taken the assets in good faith and under certain other circumstances.”
Featherston v. Katchko & Son Constr. Servs., Inc., 201 Conn. App. 774 (Conn. App. Ct. 2020).
· cites it 13× “As to the defendants’ violation of CUFTA, the court ordered relief pursuant to General Statutes § 52-552h, including permitting the plaintiff to attach property of the defendants in the amount of the 2012 judgment, plus interest.”
Nastro v. D'onofrio, 263 F. Supp. 2d 446 (D. Conn. 2003).
· cites it 3× “Conn. Gen.Stat. § 52-552h (footnote omitted); 37 Am.”
Daly v. Fusco (In Re All-Type Printing Inc.), 274 B.R. 316 (Bankr. D. Conn. 2002).
· cites it 3× “The Trustee’s avoidance rights with respect to fraudulent transfers and obligations are granted by Section 52-552h, which provides in pertinent part that— *323 (a) [i]n an action for relief against a transfer or obligation under sections 52-552a — 52-5521, inclusive, a creditor.”
O'Neil v. New Eng. Rd., Inc. (In re Neri Bros. Constr. Corp.), 593 B.R. 100 (Bankr. D. Conn. 2018).
· cites it 2× “" Conn.Gen.Stat. § 52-552h. Avoidance pursuant to the Bankruptcy Code and pursuant to the UFTA are based on the common law concepts of actual and constructive fraudulent transfers, requiring that the Trustee prove either, "(1) that the conveyance was made without substantial…”
Litchfield Asset Mgmt. Corp. v. Howell, 799 A.2d 298 (Conn. App. Ct. 2002).
“2d 1361 (1996); see also General Statutes *145 § 52-552h. 7 Nonetheless, “[c]ommon law principles do not authorize a general creditor to pursue the transferee in a fraudulent conveyance action for anything other than the specific property transferred or the proceeds thereof.”
Connecticut Nat'l Bank v. D'Onofrio, 699 A.2d 237 (Conn. App. Ct. 1997).
· cites it 2× “” It is clear from the pleadings, the evidence proffered at trial and the interrogatories, that the plaintiffs sought money judgments against the defendants to recover the money that was fraudulently transferred, and also sought the transfers of the real property to be set aside.”
Stuart v. Stuart, 962 A.2d 842 (Conn. App. Ct. 2009).
“10 General Statutes § 52-5521 (b) provides: “Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under subdivision (1) of subsection (a) of section 52-552h, the creditor may recover judgment for the value of the asset…”
— Conn. Gen. Stat. § 52-552h(a) — 4 cases
Daly v. Fusco (In Re All-Type Printing Inc.), 274 B.R. 316 (Bankr. D. Conn. 2002).
“The Trustee’s avoidance rights with respect to fraudulent transfers and obligations are granted by Section 52-552h, which provides in pertinent part that— *323 (a) [i]n an action for relief against a transfer or obligation under sections 52-552a — 52-5521, inclusive, a creditor.”
— Conn. Gen. Stat. § 52-552h(a)(1) — 1 case
— Conn. Gen. Stat. § 52-552h(a)(2) — 2 cases
Nastro v. D'onofrio, 263 F. Supp. 2d 446 (D. Conn. 2003).
“Conn. Gen.Stat. § 52-552h (footnote omitted); 37 Am.”
— Conn. Gen. Stat. § 52-552h(a)(3) — 1 case
— Conn. Gen. Stat. § 52-552h(a)(l) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.