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Mississippi Code

Miss. Code Ann. § 11-5-75 (2026)

Creditors may attack fraudulent conveyances

✓ current as of July 2026
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The chancery court shall have jurisdiction of causes of action filed under the Uniform Fraudulent Transfer Act. Upon such a complaint, a writ of sequestration or injunction, or both, may be issued upon like terms and conditions as such writs may be issued in other cases, and subject to such proceedings and provisions thereafter as are applicable in other cases of such writs; and the chancellor of the proper district shall have power and authority to grant orders for receivers, in same manner as if the creditor had recovered judgment and had execution returned "no property found." The creditor in such case shall have a lien upon the property described therein from the filing of his complaint, except as against bona fide purchasers before the service of process upon the defendant in the complaint.

Codes, 1880, §§ 1843, 1844, 1845; 1892, § 503; 1906, § 553; Hemingway's 1917, § 1313; 1930, § 407; 1942, § 1327; Laws, 1898, ch. 64; Laws, 2006, ch. 371, § 12, eff. 7/1/2006.

Notes of Decisions
Cited in 4 cases, 1982–2010 · leading case: Coors of North Mississippi, Inc. v. Bank of Longview (In Re Coors of North Mississippi, Inc.), 66 B.R. 845 (Bankr. N.D. Miss. 1986).
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Coors of North Mississippi, Inc. v. Bank of Longview (In Re Coors of North Mississippi, Inc.), 66 B.R. 845 (Bankr. N.D. Miss. 1986). “§ 15-3-3 (1972), have not been violated, and as such, the jurisdictional or mechanical provisions of Miss.Code Ann. § 11-5-75 (1972) are inapplicable.”
In Re Gulfport Pilots Ass'n, Inc., 434 B.R. 380 (Bankr. S.D. Miss. 2010). “Miss.Code Ann. § 11-5-75. 7 . Section 544(b) gives the trustee the power to avoid the debtor's transfers or obligations that are avoidable by an actual unsecured creditor under authority outside the bankruptcy law.”
Morgan v. Sauls, 413 So. 2d 370 (Miss. 1982). “§ 15-3-5 (1972) setting the limits upon such a claim; and Miss. Code Ann. § 11-5-75 (1972) giving chancery courts jurisdiction over cases to set aside fraudulent conveyances.”
Parker v. Livingston (In Re Parker), 330 B.R. 802 (Bankr. N.D. Fla. 2005). “Miss.Code Ann. § 11-5-75 states: The chancery court shall have jurisdiction of bills exhibited by creditors who have not obtained judgments at law, or those having judgments .”
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