Illinois Compiled Statutes
740 ILCS 160/8 (2026)
(a) In an action for relief against a transfer or obligation under this Act, a creditor, subject to the limitations in Section 9, 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 the Code of Civil Procedure; (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
✓ current as of May 2026
Find cases:
SyfertCases citing this section
IL-ILGAilga.gov
JustiaChapter on Justia
CornellLII Search
CasesGoogle Scholar
(740 ILCS 160/8)
(from Ch. 59, par. 108)
Sec. 8.
(a) In an action for relief against a transfer or obligation
under this Act, a creditor, subject to the limitations in Section 9, 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 the Code of Civil Procedure;
(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.
(Source: P.A. 86-814.)
Notes of Decisions
Cited in 46
cases (3 in the last 5 years), 1994–2025 · leading case: Gierum v. Glick (In re Glick), 568 B.R. 634 (Bankr. N.D. Ill. 2017).
Gierum v. Glick (In re Glick), 568 B.R. 634 (Bankr. N.D. Ill. 2017). “” 740 ILCS 160/8 (2014): An award of damages against an aider-and- *678 abettor is not one of them.”
Apollo Real Est. Inv. Fund, IV, L.P. v. Gelber, 935 N.E.2d 963 (Ill. App. Ct. 2010). “2d 1088, 1092 (1996), citing 740 ILCS 160/8 (West 1994). “Such an action does not concern personal liability; rather, it attempts to avoid the transfer and seeks the actual assets transferred.”
Aps Sports Collectibles, Inc. v. Sports Time, Inc., 299 F.3d 624 (7th Cir. 2002). “In addition, since none of the individual defendants in this case was a party to the APS loan transaction, their status as debtors cannot be established under any of the agreements entered into by APS and AW Sports.”
Rodriguez v. Citibank, F.S.B. (In Re Nowicki), 202 B.R. 729 (Bankr. N.D. Ill. 1996). “FNBBI FNBBI, therefore, holds a valid, perfected lien in the estate’s interest in the proceeds.”
APS Sports Collectibles, Inc. v. Sports Time, Inc., 299 F.3d 624 (7th Cir. 2002). “In addition, since none of the individual defendants in this case was a party to the APS loan transaction, their status as debtors cannot be established under any of the agreements entered into by APS and AW Sports.”
B.E.L.T., Inc. v. Wachovia Corp., 403 F.3d 474 (7th Cir. 2005). “A fraudulent conveyance may be recovered independent of a bankruptcy proceeding, see 740 ILCS 160/8, but plaintiffs’ claim under Illinois’ implementation of the Uniform Fraudulent Transfer Act founders on the statutory text.”
Fid. Nat'l Title Ins. Co. of New York v. Howard Sav. Bank, 436 F.3d 836 (7th Cir. 2006). “740 ILCS 160/8(a); APS Sports Collectibles, Inc.”
Bank of Am. v. WS Mgmt., Inc., 2015 IL App (1st) 132551 (Ill. App. Ct. 2015). “Plaintiff cites section 8 of the Fraudulent Transfer Act, which states that a creditor may obtain "any other relief the circumstances may require" (740 ILCS 160/8(a)(3)(C) (West 2006)), and asserts that Illinois permits trial courts to award punitive damages.”
The Nostalgia Network, Inc. v. Bonnie M. Lockwood, 315 F.3d 717 (7th Cir. 2002). “740 ILCS 160/8; Ind.Code § 32-18-2-17. The district court granted summary judgment for Nostalgia on the ground that Rayle had committed constructive fraud (“fraud in law” as it is termed in the UFTA), and Lockwood appeals.”
Kennedy v. Four Boys Labor Servs., Inc., 664 N.E.2d 1088 (Ill. App. Ct. 1996). “See 740 ILCS 160/8 (West 1994). Such an action does not concern personal liability; rather, it attempts to avoid the transfer and seeks the actual assets transferred.”
In the Matter Of: Lewis C. Leonard Debtor. Appeal Of: Robert Barker & Theodore Lieblich, 125 F.3d 543 (7th Cir. 1997). “740 ILCS 160/8(a). This section, combined with § 9-301(3) of the UCC, 810 ILCS 5/9-301(3) (“A ‘lien creditor’ means a creditor who has acquired a lien on the property involved by attachment, levy or the like”), sets up a straightforward way for a judgment creditor to obtain…”
Harris Bank, N.A. v. Werner (In Re Werner), 386 B.R. 684 (Bankr. N.D. Ill. 2008). “” Werner disputes this contention by focusing on the language of 740 ILCS 160/8: (a) In an action for relief against a transfer or obligation under this Act, a creditor, subject to the limitations in Section 9, may obtain: (1) avoidance of the transfer or obligation to the…”
— 740 ILCS 160/8(3)(B) — 1 case
Shamrock Chicago Corp. v. Wroblewski, 2019 IL App (1st) 182354 (Ill. App. Ct. 2021).
— 740 ILCS 160/8(3)(C) — 1 case
Gierum v. Glick (In re Glick), 568 B.R. 634 (Bankr. N.D. Ill. 2017). “” 740 ILCS 160/8 (2014): An award of damages against an aider-and- *678 abettor is not one of them.”
— 740 ILCS 160/8(a) — 9 cases
Gierum v. Glick (In re Glick), 568 B.R. 634 (Bankr. N.D. Ill. 2017). “” 740 ILCS 160/8 (2014): An award of damages against an aider-and- *678 abettor is not one of them.”
Fid. Nat'l Title Ins. Co. of New York v. Howard Sav. Bank, 436 F.3d 836 (7th Cir. 2006). “740 ILCS 160/8(a); APS Sports Collectibles, Inc.”
In the Matter Of: Lewis C. Leonard Debtor. Appeal Of: Robert Barker & Theodore Lieblich, 125 F.3d 543 (7th Cir. 1997). “740 ILCS 160/8(a). This section, combined with § 9-301(3) of the UCC, 810 ILCS 5/9-301(3) (“A ‘lien creditor’ means a creditor who has acquired a lien on the property involved by attachment, levy or the like”), sets up a straightforward way for a judgment creditor to obtain…”
Matter of Liquidation of Medcare Hmo, Inc., 689 N.E.2d 374 (Ill. App. Ct. 1997).
Rodriguez v. Citibank, F.S.B. (In Re Nowicki), 202 B.R. 729 (Bankr. N.D. Ill. 1996). “FNBBI FNBBI, therefore, holds a valid, perfected lien in the estate’s interest in the proceeds.”
— 740 ILCS 160/8(a)(1) — 4 cases
A.G. Cullen Constr., Inc. v. Burnham Partners, LLC, 2015 IL App (1st) 122538 (Ill. App. Ct. 2015).
A.G. Cullen Constr., Inc. v. Burnham Partners, LLC, 2015 IL App (1st) 122538 (Ill. App. Ct. 2015).
Apollo Real Est. Inv. Fund v. Gelber (Ill. App. Ct. 2010).
Macdonald, II v. Est. of, 469 F.3d 1079 (7th Cir. 2006).
— 740 ILCS 160/8(a)(2) — 1 case
Rodriguez v. Citibank, F.S.B. (In Re Nowicki), 202 B.R. 729 (Bankr. N.D. Ill. 1996). “FNBBI FNBBI, therefore, holds a valid, perfected lien in the estate’s interest in the proceeds.”
— 740 ILCS 160/8(a)(3)(A) — 1 case
O'Malley v. Adams, 2024 IL App (5th) 240094 (Ill. App. Ct. 2024).
— 740 ILCS 160/8(a)(3)(C) — 3 cases
Bank of Am. v. WS Mgmt., Inc., 2015 IL App (1st) 132551 (Ill. App. Ct. 2015). “Plaintiff cites section 8 of the Fraudulent Transfer Act, which states that a creditor may obtain "any other relief the circumstances may require" (740 ILCS 160/8(a)(3)(C) (West 2006)), and asserts that Illinois permits trial courts to award punitive damages.”
Bank of Am. v. WS Mgmt., Inc., 2015 IL App (1st) 132551 (Ill. App. Ct. 2015).
People v. Meyer, 2025 IL App (2d) 240757-U (Ill. App. Ct. 2025).
— 740 ILCS 160/8(a)(c) — 2 cases
Bank of Am. v. WS Mgmt., Inc., 2015 IL App (1st) 132551 (Ill. App. Ct. 2015). “Plaintiff cites section 8 of the Fraudulent Transfer Act, which states that a creditor may obtain "any other relief the circumstances may require" (740 ILCS 160/8(a)(3)(C) (West 2006)), and asserts that Illinois permits trial courts to award punitive damages.”
Bank of Am. v. WS Mgmt., Inc., 2015 IL App (1st) 132551 (Ill. App. Ct. 2015).
— 740 ILCS 160/8(a)(l) — 5 cases
Apollo Real Est. Inv. Fund, IV, L.P. v. Gelber, 935 N.E.2d 963 (Ill. App. Ct. 2010). “2d 1088, 1092 (1996), citing 740 ILCS 160/8 (West 1994). “Such an action does not concern personal liability; rather, it attempts to avoid the transfer and seeks the actual assets transferred.”
Steinberg v. Schneider (In Re Schneider), 417 B.R. 907 (Bankr. N.D. Ill. 2009).
Rodriguez v. Citibank, F.S.B. (In Re Nowicki), 202 B.R. 729 (Bankr. N.D. Ill. 1996). “FNBBI FNBBI, therefore, holds a valid, perfected lien in the estate’s interest in the proceeds.”
Harris Bank, N.A. v. Werner (In Re Werner), 386 B.R. 684 (Bankr. N.D. Ill. 2008). “” Werner disputes this contention by focusing on the language of 740 ILCS 160/8: (a) In an action for relief against a transfer or obligation under this Act, a creditor, subject to the limitations in Section 9, may obtain: (1) avoidance of the transfer or obligation to the…”
MacDonald Ex Rel. Walter Middleton & Co. Ret. Plan & Walter Middleton & Co. Frozen Ret. Plan v. Est. of Gayton, 469 F.3d 1079 (7th Cir. 2006).
— 740 ILCS 160/8(b) — 2 cases
Apollo Real Est. Inv. Fund, IV, L.P. v. Gelber, 935 N.E.2d 963 (Ill. App. Ct. 2010). “2d 1088, 1092 (1996), citing 740 ILCS 160/8 (West 1994). “Such an action does not concern personal liability; rather, it attempts to avoid the transfer and seeks the actual assets transferred.”
Apollo Real Est. Inv. Fund v. Gelber (Ill. App. Ct. 2010).
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.
|