Mississippi Code
Miss. Code Ann. § 15-3-111 (2026)
Creditor remedies
✓ current as of July 2026
- (1) In an action for relief against a transfer or obligation under this article, a creditor, subject to the limitations in Section 15-3-113, may obtain:
- (a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;
- (b) An attachment or other provisional remedy against the asset transferred or other property of the transferee;
- (c) 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.
- (2) 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.
Laws, 2006, ch. 371, § 6, eff. 7/1/2006.
Notes of Decisions
Cited in 3
cases (2 in the last 5 years), 2014–2023 · leading case: Bally Gaming, Inc. v. Caldwell, 12 F. Supp. 3d 907 (S.D. Miss. 2014).
Bally Gaming, Inc. v. Caldwell, 12 F. Supp. 3d 907 (S.D. Miss. 2014). “Miss. Code Ann. § 15-3-111 . Bally admits that “[i]f [it] filed suit against Great Southern, or even Caldwell himself, to recover the funds transferred, then such a suit would be a fraudulent transfer claim belonging to the estate,” but also denies that any such claim is pled or…”
Benny R. Knight, Sr. (Bankr. S.D. Miss. 2023). “See Miss. Code Ann. § 15-3-113 (2) (“to the extent a transfer is voidable in an action by a creditor .”
Silver Dollar Sales, Inc. v. Olson (Bankr. W.D. Tex. 2023). “” Miss. Code Ann. § 15-3-111 (1)(a). Silver Dollar can ask a court to avoid the fraudulent transfer and reclaim the transferred funds all the way up to the creditor’s full claim, even though the fraudulent transfer occurred after the initial debt.”
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