428.039. Remedies of creditors. — 1. In an action for relief against a transfer or obligation under sections 428.005 to 428.059, a creditor, subject to the limitations in section 428.044, 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 applicable laws of this state;
(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.
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.
Notes of Decisions
Volk Constr. Co. v. Wilmescherr Drusch Roofing Co., 58 S.W.3d 897 (Mo. Ct. App. 2001).
· cites it 8× “Section 428.039 of the UFTA sets forth the following remedies in a creditor’s action for relief against a fraudulent transfer: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; (2) An attachment or other provisional remedy…”
May v. Williams, 531 S.W.3d 576 (Mo. Ct. App. 2017).
· cites it 5× “*586 Moreover, section 428.039, RSMo 2016, provides the remedies that a creditor may seek under the Missouri Uniform Fraudulent Transfer Act.”
Taylor v. Clark, 140 S.W.3d 242 (Mo. Ct. App. 2004).
· cites it 4× “044, RSMo 2000, “to the extent a transfer is voidable in an action by a creditor under subdivision (1) of subsection 1 of section 428.039, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection 3 of this section or the amount…”
Drummond Co. v. St. Louis Coke & Foundry Supply Co., 181 S.W.3d 99 (Mo. Ct. App. 2005).
· cites it 4× “” The remedies for creditors in cases involving fraudulent transfers are listed in section 428.039, and essentially look to avoiding the transfer in part or in whole, or to attaching the transferred asset or the proceeds therefrom.”
8000 Maryland, LLC v. Huntleigh Fin. Servs. Inc., 292 S.W.3d 439 (Mo. Ct. App. 2009).
· cites it 2× “Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under subdivision (1) of subsection 1 of section 428.039, the creditor may recover judgment for the value of the asset transferred, as adjusted under subsection 3 of…”
Enter. Fin. Grp. Inc v. Richard Podhorn, 930 F.3d 946 (8th Cir. 2019).
“See Mo. Rev. Stat. §§ 428.039 , .044. Several defendants moved to dismiss this action for lack of an Article III case or controversy.”
Fleming Companies, Inc. v. Rich, 978 F. Supp. 1281 (E.D. Mo. 1997).
· cites it 3× “§ 428.039 R.S.Mo. Nowhere in the MoUFTA are these remedies deemed exclusive of any other remedies, especially as regards post-judgment remedies.”
Jet Midwest Int'l Co. v. F. Paul Ohadi, 93 F.4th 408 (8th Cir. 2024).
“Mo. Rev. Stat. § 428.039 . As the Missouri Court of Appeals has recognized, “there is no express statutory authorization .”
Emily Riegel v. David G. Jungerman (Mo. Ct. App. 2019).
· cites it 3× “Section 428.039 specifies the remedies available in actions asserting claims under the Fraudulent Transfer Act: 1.”
SL EC, LLC v. Ashley Energy LLC (E.D. Mo. 2020).
· cites it 2× “Count III(b), IV, and V – Fraudulent Conveyance, Discovery of Assets/Establishment of Constructive Trust, and Piercing of Corporate Veil9 Plaintiffs claim that the cash transfers from Ashley Energy to Miller and Miller Wells were fraudulent conveyances and therefore voidable…”
— Mo. Rev. Stat. § 428.039(3)(c) — 1 case
Volk Constr. Co. v. Wilmescherr Drusch Roofing Co., 58 S.W.3d 897 (Mo. Ct. App. 2001).
“Section 428.039 of the UFTA sets forth the following remedies in a creditor’s action for relief against a fraudulent transfer: (1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; (2) An attachment or other provisional remedy…”
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