Del. C. » Title 6 — SUBTITLE II · Commerce and Trade
Delaware Code

6 Del. C. § 1307 (2026)

Remedies of creditors

✓ current as of May 2026
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(a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in § 1308 of this title, 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 applicable law;

(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.

(c) Notwithstanding any other provision of law or equity, a creditor shall have no right to relief against any trustee, attorney or other advisor who has not acted in bad faith on account of any transfer. For purposes of this subsection, it shall be presumed that the trustee, attorney or other advisor did not act in bad faith merely by counseling or effecting a transfer.

70 Del. Laws, c. 434, §  1;  72 Del. Laws, c. 226, §  1; 
Notes of Decisions
Cited in 28 cases (13 in the last 5 years), 1969–2026 · leading case: Crystallex Int'l Corp. v. Petróleos De Venezuela, S.A., 879 F.3d 79 (3rd Cir. 2018).
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Crystallex Int'l Corp. v. Petróleos De Venezuela, S.A., 879 F.3d 79 (3rd Cir. 2018). · cites it 6× “See also 6 Del. C. § 1307(a)(3)(c) (courts may invoke equitable principles to craft “[a]ny [] relief the circumstances may require”).”
ASARCO LLC v. Americas Mining Corp., 396 B.R. 278 (S.D. Tex. 2008). “6 Del. C. § 1307 (1953) (“Every conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed in law, to hinder, delay, or defraud either present or future creditors, is fraudulent as to both present and future creditors.”
Wooley v. Lucksinger, 14 So. 3d 311 (La. Ct. App. 2009). “& Com.Code Ann. § 24.001 et seq.; 6 Del.”
Crystallex Int'l Corp. v. Petróleos de Venezuela, S.A., 213 F. Supp. 3d 683 (D. Del. 2016). “See 6 Del. C. § 1307(a) (providing for “relief against a transfer,” including injunction against “further disposition by the debtor or a transferee, or both, of the asset transferred or of other property”).”
Celotex Corp. v. Hillsborough Holdings Corp. (In Re Hillsborough Holdings Corp.), 176 B.R. 223 (M.D. Fla. 1994). “105(l)(a); 6 Del.C. § 1307. Several aspects of a transfer may be indicative of its fraudulent nature, including, 1) the transfer was made to an insider, 2) the transfer was concealed, 3) before the transfer was made, the debtor had been sued or threatened with suit, 4) the…”
United States v. West, 299 F. Supp. 661 (D. Del. 1969). · cites it 2× “The actual intent of the parties to the conveyance is of no consequence since this section establishes “an external test of constructive or legal fraud * *”, McLaughlin, Application of the Uniform Fraudulent Conveyance Act, 46 Harv.”
Jeffreys v. Exten, 784 F. Supp. 146 (D. Del. 1992). “” 6 Del.C. § 1307. In addition, “every conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed in law, to hinder, delay, or defraud either present or future creditors, is fraudulent as to both present and future creditors.”
China Resource Prods. (U.S.A.) Ltd. v. Fayda Int'l, Inc., 788 F. Supp. 815 (D. Del. 1992). “Under 6 Del.Code § 1307 (“Section 1307”) 1 the plaintiff may attempt to establish a fraudulent conveyance by proving an actual intent to defraud.”
Weinman v. Fid. Capital Appreciation Fund (In Re Integra Realty Resources, Inc.), 198 B.R. 352 (Bankr.D. Colo. 1996). “6 Del.C. § 1307 provides: Every conveyance made and every obligation incurred with actual intent, as distinguished from intent presumed in law, to hinder, delay or defraud either present or future creditors, is fraudulent as to both present and future creditors.”
Foltz v. U.S. News & World Report, Inc., 640 F. Supp. 1184 (D.D.C. 1986). “Of course, if it were the supplemental defendants’ intent to “hinder, delay, or defraud” plaintiffs, they may be subject to liability under 6 Del.Code § 1307. Yet the Court cannot say, looking at the record developed at this point, that any such intent animated defendants.”
Susan Fringer v. Kersey Homes, Inc. (Del. Ch. 2018). · cites it 3× “, 2014 WL 5192179 , at *15 (quoting 6 Del. C. § 1307(a)(1)). 123 6 Del. C. § 1307(a)(2).”
Mergenthaler v. Triumph Mortg. Corp (Del. Super. Ct. 2025). · cites it 3× “1 or, in the Alternative, Motion for the Court to Order Remedies Under 6 Del. C. § 1307 for a Fraudulent Transfer by the Defendant Under 6 Del.”
Show all 28 citing cases →
— 6 Del. C. § 1307(a) — 6 cases
Crystallex Int'l Corp. v. Petróleos de Venezuela, S.A., 213 F. Supp. 3d 683 (D. Del. 2016). “See 6 Del. C. § 1307(a) (providing for “relief against a transfer,” including injunction against “further disposition by the debtor or a transferee, or both, of the asset transferred or of other property”).”
Sycamore Partners Mgmt., L.P. v. Endurance Am. Ins. Co. (Del. Super. Ct. 2021).
Purvi Gandhi-Kapoor v. Hone Capital LLC (Del. Ch. 2023).
Palkon v. Maffei (Del. Ch. 2024).
Cellular Tel. Co. Litig. cases (Del. Ch. 2024).
— 6 Del. C. § 1307(a)(1) — 5 cases
Wooley v. Lucksinger, 14 So. 3d 311 (La. Ct. App. 2009). “& Com.Code Ann. § 24.001 et seq.; 6 Del.”
Susan Fringer v. Kersey Homes, Inc. (Del. Ch. 2018). “, 2014 WL 5192179 , at *15 (quoting 6 Del. C. § 1307(a)(1)). 123 6 Del. C. § 1307(a)(2).”
Richard F. Burkhart v. Genworth Fin., Inc. (Del. Ch. 2020).
Miller v. Mott (Bankr. D. Del. 2023).
Lake Treasure Holdings, Ltd. (Del. Ch. 2014).
— 6 Del. C. § 1307(a)(2) — 2 cases
Warren David Yu v. GSM Nation, LLC (Del. Ch. 2017).
Susan Fringer v. Kersey Homes, Inc. (Del. Ch. 2018). “, 2014 WL 5192179 , at *15 (quoting 6 Del. C. § 1307(a)(1)). 123 6 Del. C. § 1307(a)(2).”
— 6 Del. C. § 1307(a)(3) — 1 case
Susan Fringer v. Kersey Homes, Inc. (Del. Ch. 2018). “, 2014 WL 5192179 , at *15 (quoting 6 Del. C. § 1307(a)(1)). 123 6 Del. C. § 1307(a)(2).”
— 6 Del. C. § 1307(a)(3)(c) — 1 case
Crystallex Int'l Corp. v. Petróleos De Venezuela, S.A., 879 F.3d 79 (3rd Cir. 2018). “See also 6 Del. C. § 1307(a)(3)(c) (courts may invoke equitable principles to craft “[a]ny [] relief the circumstances may require”).”
— 6 Del. C. § 1307(a)(3)(e) — 1 case
Crystallex Int'l Corp. v. Petróleos De Venezuela, S.A., 879 F.3d 79 (3rd Cir. 2018). “See also 6 Del. C. § 1307(a)(3)(c) (courts may invoke equitable principles to craft “[a]ny [] relief the circumstances may require”).”
— 6 Del. C. § 1307(c) — 1 case
Crystallex Int'l Corp. v. Petróleos De Venezuela, S.A., 879 F.3d 79 (3rd Cir. 2018). “See also 6 Del. C. § 1307(a)(3)(c) (courts may invoke equitable principles to craft “[a]ny [] relief the circumstances may require”).”
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