Me. Rev. Stat. » Title 14

Me. Rev. Stat. tit. 14, § 3578

Remedies of creditors

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1.  Action for relief.  In any action for relief against a transfer or obligation under this Act, a creditor, subject to the limitations provided in section 3579, may obtain:  
A. Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;   [PL 1985, c. 641, §3 (NEW).]
B. An attachment, trustee process or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by law; or   [PL 1985, c. 641, §3 (NEW).]
C. Subject to applicable principles of equity and in accordance with applicable civil rules of procedure:  
(1) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;  
(2) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee;  
(3) Damages in an amount not to exceed double the value of the property transferred or concealed; or  
(4) Any other relief the circumstances may require.   [PL 1991, c. 114 (AMD).]
[PL 1991, c. 114 (AMD).]
2.  Execution.  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.  
[PL 1985, c. 641, §3 (NEW).]
SECTION HISTORY
PL 1985, c. 641, §3 (NEW). PL 1991, c. 114 (AMD).
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Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1992–2023 · leading case: Samsara Memorial Trust v. Kelly, Remmel & Zimmerman Kelly, Remmel & Zimmerman v. Raisin Memorial Trust
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Samsara Memorial Trust v. Kelly, Remmel & Zimmerman Kelly, Remmel & Zimmerman v. Raisin Memorial Trust (2014) me · cites it 9× “14 M.R.S. § 3578 (2013). 11 . The MFT’s remedies provision is set forth in full at supra n.”
Handy Boat Service, Inc. v. Professional Services, Inc. (1998) me · cites it 2× “As amended, the complaint sought contract damages for unpaid rent and expenses and double damages for the fraudulent transfer pursuant to 14 M.R.S.A § 3578(1)(C). [¶5] Concluding that Luther’s guarantee applied to the original lease term and the extension, the court granted a…”
Lindner v. Barry (2003) me · cites it 3× “14 M.R.S.A. § 3578 (2003) provides, in pertinent part: 1.”
Morin v. Dubois (1998) me · cites it 4× “Morin and ten others, [1] victims of Paul's investment scheme, filed a complaint against Dana and Richard Dubois [2] in 1992 requesting that the court set aside and void the transfers to Dana and award damages pursuant to 14 M.”
Federal Deposit Insurance v. Proia (1995) me · cites it 2× “14 M.R.S.A. § 3578 comment (Supp.1994). The rules require that the motion and affidavit be served on the defendant in accordance with Rule 4.”
O'Donnell v. Royal Business Group, Inc. (In Re Oxford Homes, Inc.) (1995) meb · cites it 4× “A successful creditor might obtain relief including avoidance of the transfer or obligation, appointment of a receiver, damages or “an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property_” 14 M.R.S.A. §…”
Turner v. Phoenix Financial, LLC (In Re Imageset, Inc.) (2003) meb “Such transfers are “ avoidable,” 14 M.R.S.A. § 3578(1)(A), for up to six years after the transfer “occurred,” 14 M.”
Turner v. JPB Enterprises, Inc. (In Re Maine Poly, Inc.) (2004) meb “Such transfers are “avoidable,” 14 M.R.S.A. § 3578(1)(A), for up to six years after the transfer “occurred,” 14 M.”
Federal Deposit Insurance v. S. Prawer & Co. (1993) med “The Maine Uniform Fraudulent Transfers Act, 14 M.R.S.A. § 3578, permits a “creditor” to avoid a fraudulent transfer, to attach an asset fraudulently transferred, or to invoke other equitable remedies including injunctions, appointment of receivers or damages.”
Official Post Confirmation Committee of Creditors Holding Unsecured Claims v. Markheim (2005) me “A transfer is voidable if it is fraudulent, 14 M.R.S.A. § 3578(1)(A), and a transfer is fraudulent if it is made “[w]ith actual intent to hinder, delay or defraud any creditor of the debt- or,” 14 M.”
Glenwood Farms, Inc. v. Ivey (2005) med “It is not necessary to decide whether this court could avoid the allegedly fraudulent transfer of real property located in another state under this statute, or otherwise take action that might affect the title to that property, because the Act provides for equitable relief and…”
Worster v. Gauvreau (In Re Gauvreau) (2007) meb “” 14 M.R.S.A. § 3578(1)(C)(3). 7 . State Court Judgment dated May 4, 2005, Plaintiffs' Exhibit 1 C.”
Show all 21 citing cases →
— Me. Rev. Stat. tit. 14, § 3578(1) — 3 cases
Samsara Memorial Trust v. Kelly, Remmel & Zimmerman Kelly, Remmel & Zimmerman v. Raisin Memorial Trust (2014) me “14 M.R.S. § 3578 (2013). 11 . The MFT’s remedies provision is set forth in full at supra n.”
U.S. Bank v. Manning (2018) mesuperct
Poor v. Lindell (2023) mesuperct
— Me. Rev. Stat. tit. 14, § 3578(1)(A) — 7 cases
Samsara Memorial Trust v. Kelly, Remmel & Zimmerman Kelly, Remmel & Zimmerman v. Raisin Memorial Trust (2014) me “14 M.R.S. § 3578 (2013). 11 . The MFT’s remedies provision is set forth in full at supra n.”
Turner v. Phoenix Financial, LLC (In Re Imageset, Inc.) (2003) meb “Such transfers are “ avoidable,” 14 M.R.S.A. § 3578(1)(A), for up to six years after the transfer “occurred,” 14 M.”
Turner v. JPB Enterprises, Inc. (In Re Maine Poly, Inc.) (2004) meb “Such transfers are “avoidable,” 14 M.R.S.A. § 3578(1)(A), for up to six years after the transfer “occurred,” 14 M.”
Official Post Confirmation Committee of Creditors Holding Unsecured Claims v. Markheim (2005) me “A transfer is voidable if it is fraudulent, 14 M.R.S.A. § 3578(1)(A), and a transfer is fraudulent if it is made “[w]ith actual intent to hinder, delay or defraud any creditor of the debt- or,” 14 M.”
O'Donnell v. Royal Business Group, Inc. (In Re Oxford Homes, Inc.) (1995) meb “A successful creditor might obtain relief including avoidance of the transfer or obligation, appointment of a receiver, damages or “an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property_” 14 M.R.S.A. §…”
— Me. Rev. Stat. tit. 14, § 3578(1)(B) — 3 cases
Lindner v. Barry (2003) me “14 M.R.S.A. § 3578 (2003) provides, in pertinent part: 1.”
Federal Deposit Insurance v. Proia (1995) me “14 M.R.S.A. § 3578 comment (Supp.1994). The rules require that the motion and affidavit be served on the defendant in accordance with Rule 4.”
O'Donnell v. Royal Business Group, Inc. (In Re Oxford Homes, Inc.) (1995) meb “A successful creditor might obtain relief including avoidance of the transfer or obligation, appointment of a receiver, damages or “an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property_” 14 M.R.S.A. §…”
— Me. Rev. Stat. tit. 14, § 3578(1)(C) — 3 cases
Handy Boat Service, Inc. v. Professional Services, Inc. (1998) me “As amended, the complaint sought contract damages for unpaid rent and expenses and double damages for the fraudulent transfer pursuant to 14 M.R.S.A § 3578(1)(C). [¶5] Concluding that Luther’s guarantee applied to the original lease term and the extension, the court granted a…”
O'Donnell v. Royal Business Group, Inc. (In Re Oxford Homes, Inc.) (1995) meb “A successful creditor might obtain relief including avoidance of the transfer or obligation, appointment of a receiver, damages or “an injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property_” 14 M.R.S.A. §…”
Glenwood Farms, Inc. v. Ivey (2005) med “It is not necessary to decide whether this court could avoid the allegedly fraudulent transfer of real property located in another state under this statute, or otherwise take action that might affect the title to that property, because the Act provides for equitable relief and…”
— Me. Rev. Stat. tit. 14, § 3578(1)(C)(1) — 1 case
Union Station Ltd. Partnership v. Union Station Mkt., Inc. (2000) mesuperct
— Me. Rev. Stat. tit. 14, § 3578(1)(C)(2013) — 1 case
Samsara Memorial Trust v. Kelly, Remmel & Zimmerman Kelly, Remmel & Zimmerman v. Raisin Memorial Trust (2014) me “14 M.R.S. § 3578 (2013). 11 . The MFT’s remedies provision is set forth in full at supra n.”
— Me. Rev. Stat. tit. 14, § 3578(1)(C)(3) — 5 cases
Samsara Memorial Trust v. Kelly, Remmel & Zimmerman Kelly, Remmel & Zimmerman v. Raisin Memorial Trust (2014) me “14 M.R.S. § 3578 (2013). 11 . The MFT’s remedies provision is set forth in full at supra n.”
Handy Boat Service, Inc. v. Professional Services, Inc. (1998) me “As amended, the complaint sought contract damages for unpaid rent and expenses and double damages for the fraudulent transfer pursuant to 14 M.R.S.A § 3578(1)(C). [¶5] Concluding that Luther’s guarantee applied to the original lease term and the extension, the court granted a…”
Lindner v. Barry (2003) me “14 M.R.S.A. § 3578 (2003) provides, in pertinent part: 1.”
Worster v. Gauvreau (In Re Gauvreau) (2007) meb “” 14 M.R.S.A. § 3578(1)(C)(3). 7 . State Court Judgment dated May 4, 2005, Plaintiffs' Exhibit 1 C.”
U.S. Bank v. Manning (2018) mesuperct
— Me. Rev. Stat. tit. 14, § 3578(2) — 1 case
U.S. Bank v. Manning (2018) mesuperct
— Me. Rev. Stat. tit. 14, § 3578(l)(C) — 1 case
WCP Maine Loan Holdings, LLC v. Norberg (2019) mesuperct
— Me. Rev. Stat. tit. 14, § 3578(l)(C)(3) — 1 case
Devgru Financial LLC v. Lodoka (2023) mesuperct
— Me. Rev. Stat. tit. 14, § 3578(l)(C)(l) — 1 case
Devgru Financial LLC v. Lodoka (2023) mesuperct
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