Massachusetts General Laws

Mass. Gen. Laws ch. 109A, § 8 (2026)

Creditor's remedies

✓ current as of July 2026

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Section 8. (a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in section nine, 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 applicable procedure set forth in chapter two hundred and fourteen for actions to reach and apply chapter two hundred and twenty-three for attachments, and chapter two hundred and forty-six for trustee process and in accordance with applicable rules of civil procedure;

(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.

Notes of Decisions

Cited in 19 cases (2 in the last 5 years), 1997–2025 · leading case: Bakwin v. Mardirosian, 6 N.E.3d 1078 (Mass. 2014).

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Bakwin v. Mardirosian, 6 N.E.3d 1078 (Mass. 2014). · cites it 9× “G. L. c. 109A, § 8 (a). Additionally, to the extent a transfer is voidable under § 8 (a) (1) of the statute, a creditor may recover a money judgment against the recipient of the fraudulently transferred asset, subject to adjustment of the value “as the equities may require.”

Foisie v. Worcester Polytechnic Inst., 967 F.3d 27 (1st Cir. 2020). · cites it 2× “§ 52 -552h; Mass. Gen. Laws ch. 109A, § 8; Robinson v.”

Kraft Power Corp. v. Merrill, 981 N.E.2d 671 (Mass. 2013). · cites it 2× “In the case of a fraudulent transfer, the UFTA provides for several possible remedies, including, inter alia, avoidance of the transfer, an attachment, an injunction, and “any other relief the circumstances may require.”

Lassman v. Sergio (In re Sergio), 552 B.R. 9 (Bankr. D. Mass. 2016). · cites it 2× “For remedies as to transfers deemed fraudulent, one must turn to Mass. Gen. Laws ch. 109A, § 8. In relevant part, it states, “(a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in section nine, may obtain: (1)…”

Mullane v. Chambers, 333 F.3d 322 (1st Cir. 2003). “If the district court finds that Chambers and Farese had actual notice of the transfer, there remains the issue of whether the transfer was fraudulent as defined by section 5 of the Uniform Fraudulent Transfer Act, Mass. Gen. Laws. ch. 109A, § 5, which would allow Chambers and…”

Schussel v. Werfel, 758 F.3d 82 (1st Cir. 2014). · cites it 2× “2d 343 (1950); Mass. Gen. Laws ch. 109A, § 8(a)(1), § 9(b), (c) (2014) (allowing avoidance “to the extent necessary to satisfy the creditor’s claim,” but limiting the judgment to the lesser of a) the amount of the claim, and b) the value of the assets “adjusted” “as the equities…”

Cruickshank v. Dixon (In re Blast Fitness Grp., LLC), 603 B.R. 219 (Bankr. D. Mass. 2019). · cites it 2× “Dixon in this adversary proceeding, and then seek to reach his personal assets to satisfy a judgment, he has not alleged sufficient facts in the complaint to avoid transfers of the Dixons' personal assets, especially in light of the dismissal of the claim for substantive…”

United States v. All Assets Held at Bank Julius Baer & Co., 772 F. Supp. 2d 191 (D.D.C. 2011). “See Mass. Gen. Laws ch. 109A, § 8. It does not provide that the creditor obtains any equitable interest in the transferred property at the time the transfer takes place.”

Butler v. Wojtkun (In re Wojtkun), 534 B.R. 435 (Bankr. D. Mass. 2015). · cites it 2× “Mass. Gen. Laws ch. 109A, § 8(a)(1) gives a creditor the power to avoid such a transfer to the extent necessary to satisfy its claim.”

Cruickshank v. Dixon (In re Blast Fitness Grp., LLC), 602 B.R. 208 (Bankr. D. Mass. 2019). “Mass. Gen. Laws ch. 109A, § 8(a). MUFTA § 9, in turn, provides, in part, that "to the extent a transfer is voidable in an action by a creditor under [ § 8(a)(1) ], the creditor may recover judgment for the value of the asset transferred .”

Alford v. Thibault, 990 N.E.2d 93 (Mass. App. Ct. 2013). “145, 153 (2013), quoting from G. L. c. 109A, § 8. As for the first element of a fraudulent conveyance claim, G.”

Rivera v. Club Caravan, Inc., 928 N.E.2d 348 (Mass. App. Ct. 2010). “See G. L. c. 109A, § 8 (providing judges broad authority to remedy fraudulent conveyances).”

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— Mass. Gen. Laws ch. 109A, § 8(a) — 2 cases

Cruickshank v. Dixon (In re Blast Fitness Grp., LLC), 602 B.R. 208 (Bankr. D. Mass. 2019). “Mass. Gen. Laws ch. 109A, § 8(a). MUFTA § 9, in turn, provides, in part, that "to the extent a transfer is voidable in an action by a creditor under [ § 8(a)(1) ], the creditor may recover judgment for the value of the asset transferred .”

Cruickshank v. Dixon (In re Blast Fitness Grp., LLC), 603 B.R. 219 (Bankr. D. Mass. 2019). “Dixon in this adversary proceeding, and then seek to reach his personal assets to satisfy a judgment, he has not alleged sufficient facts in the complaint to avoid transfers of the Dixons' personal assets, especially in light of the dismissal of the claim for substantive…”

— Mass. Gen. Laws ch. 109A, § 8(a)(1) — 4 cases

Butler v. Wojtkun (In re Wojtkun), 534 B.R. 435 (Bankr. D. Mass. 2015). “Mass. Gen. Laws ch. 109A, § 8(a)(1) gives a creditor the power to avoid such a transfer to the extent necessary to satisfy its claim.”

Schussel v. Werfel, 758 F.3d 82 (1st Cir. 2014). “2d 343 (1950); Mass. Gen. Laws ch. 109A, § 8(a)(1), § 9(b), (c) (2014) (allowing avoidance “to the extent necessary to satisfy the creditor’s claim,” but limiting the judgment to the lesser of a) the amount of the claim, and b) the value of the assets “adjusted” “as the equities…”

In re Dickey, 517 B.R. 5 (Bankr. D. Mass. 2014).

In Re Soares, 380 B.R. 109 (Bankr. D. Mass. 2007).

— Mass. Gen. Laws ch. 109A, § 8(a)(3)(iii) — 1 case

Schussel v. Werfel, 758 F.3d 82 (1st Cir. 2014). “2d 343 (1950); Mass. Gen. Laws ch. 109A, § 8(a)(1), § 9(b), (c) (2014) (allowing avoidance “to the extent necessary to satisfy the creditor’s claim,” but limiting the judgment to the lesser of a) the amount of the claim, and b) the value of the assets “adjusted” “as the equities…”

— Mass. Gen. Laws ch. 109A, § 8(b) — 1 case

Blackstone Inv. Partners v. Santo Arcuri (1st Cir. BAP 2021).

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