§ 5107. Remedies of creditor.
(a) Available remedies.--In an action for relief against a transfer or obligation under this chapter, a creditor,
subject to the limitations in sections 5108 (relating to defenses, liability and protection
of transferee or obligee) and 5109 (relating to extinguishment of claim for relief),
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 if available under applicable law.
(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) Execution.--If a creditor has obtained a judgment on a claim against the debtor, the creditor,
if the court so orders, subject to the limitations of sections 5108 and 5109, may
levy execution on the asset transferred or its proceeds.
(Dec. 22, 2017, P.L.1249, No.78, eff. 60 days)
2017 Amendment. See section 7 of Act 78 in the appendix to this title for special provisions relating
to applicability.
Saved from Suspension. Pennsylvania Rule of Civil Procedure No. 3159(b)(1), adopted April 20, 1998, provided
that section 5107 shall not be deemed suspended or affected by Rules 3101 through
3149 relating to enforcement of money judgments for the payment of money.
Cross References. Section 5107 is referred to in section 5108 of this title; section 368 of Title 15
(Corporations and Unincorporated Associations).
Notes of Decisions
Deborah Klein v. Douglas Weidner, 729 F.3d 280 (3rd Cir. 2013).
· cites it 3× “12 Pa. Cons.Stat. Ann. § 5107 governs the “Remedies of creditors” under the PUFTA: (a) Available remedies.”
Titus v. Shearer, 498 B.R. 508 (W.D. Pa. 2013).
· cites it 3× “On the other hand, the Tituses were aware that these transfers were at issue, yet they continued to have Mr. Titus’s wages directly deposited into the entireties account.”
Shearer v. Titus (In Re Titus), 916 F.3d 293 (3rd Cir. 2019).
“" 12 Pa. Cons. Stat. § 5107 (a)(1). 3 We reach three conclusions on the threshold question of the Tituses' fraudulent-transfer liability.”
Hecht v. Malvern Preparatory Sch., 716 F. Supp. 2d 395 (E.D. Pa. 2010).
· cites it 2× “) See 12 Pa.C.S. § 5107(a)(1) (“In an action for relief against a transfer or obligation under this chapter, a creditor .”
Leedom v. Spano, 647 A.2d 221 (Pa. Super. Ct. 1994).
“2d 265 (1974); 12 Pa.C.S. § 5107. Appellants are not liable on the surety agreement to either appellees or Homeowners.”
K-B Bldg., Co. v. Sheesley Constr., Inc., 833 A.2d 1132 (Pa. Super. Ct. 2003).
“12 Pa.C.S. § 5107(a). ¶ 12 The statute-of-limitations provision of the UFTA, section 5109, entitled “Extin-guishment of cause of action,” provides in relevant part as follows: A cause of action with respect to a fraudulent transfer or obligation under this chapter is…”
In Re Blatstein, 244 B.R. 290 (Bankr. E.D. Pa. 2000).
· cites it 2× “In support of this position, the Trustee cited 12 Pa.C.S. § 5107(a), under which PUFTA grants a court equitable power to enjoin the further transfers, dispositions, or encumbrances of fraudulently-conveyed assets.”
718 Arch Street Assocs., Ltd. v. Blatstein, 244 B.R. 290 (Bankr. E.D. Pa. 2000).
· cites it 2× “In support of this position, the Trustee cited 12 Pa.C.S. § 5107(a), under which PUFTA grants a court equitable power to enjoin the further transfers, dispositions, or encumbrances of fraudulently-conveyed assets.”
— 12 Pa. Cons. Stat. § 5107(a) — 6 cases
K-B Bldg., Co. v. Sheesley Constr., Inc., 833 A.2d 1132 (Pa. Super. Ct. 2003).
“12 Pa.C.S. § 5107(a). ¶ 12 The statute-of-limitations provision of the UFTA, section 5109, entitled “Extin-guishment of cause of action,” provides in relevant part as follows: A cause of action with respect to a fraudulent transfer or obligation under this chapter is…”
In Re Blatstein, 244 B.R. 290 (Bankr. E.D. Pa. 2000).
“In support of this position, the Trustee cited 12 Pa.C.S. § 5107(a), under which PUFTA grants a court equitable power to enjoin the further transfers, dispositions, or encumbrances of fraudulently-conveyed assets.”
718 Arch Street Assocs., Ltd. v. Blatstein, 244 B.R. 290 (Bankr. E.D. Pa. 2000).
“In support of this position, the Trustee cited 12 Pa.C.S. § 5107(a), under which PUFTA grants a court equitable power to enjoin the further transfers, dispositions, or encumbrances of fraudulently-conveyed assets.”
— 12 Pa. Cons. Stat. § 5107(a)(1) — 3 cases
Hecht v. Malvern Preparatory Sch., 716 F. Supp. 2d 395 (E.D. Pa. 2010).
“) See 12 Pa.C.S. § 5107(a)(1) (“In an action for relief against a transfer or obligation under this chapter, a creditor .”
In Re Blatstein, 244 B.R. 290 (Bankr. E.D. Pa. 2000).
“In support of this position, the Trustee cited 12 Pa.C.S. § 5107(a), under which PUFTA grants a court equitable power to enjoin the further transfers, dispositions, or encumbrances of fraudulently-conveyed assets.”
718 Arch Street Assocs., Ltd. v. Blatstein, 244 B.R. 290 (Bankr. E.D. Pa. 2000).
“In support of this position, the Trustee cited 12 Pa.C.S. § 5107(a), under which PUFTA grants a court equitable power to enjoin the further transfers, dispositions, or encumbrances of fraudulently-conveyed assets.”
— 12 Pa. Cons. Stat. § 5107(a)(3) — 1 case
Titus v. Shearer, 498 B.R. 508 (W.D. Pa. 2013).
“On the other hand, the Tituses were aware that these transfers were at issue, yet they continued to have Mr. Titus’s wages directly deposited into the entireties account.”
— 12 Pa. Cons. Stat. § 5107(a)(3)(i) — 1 case
Titus v. Shearer, 498 B.R. 508 (W.D. Pa. 2013).
“On the other hand, the Tituses were aware that these transfers were at issue, yet they continued to have Mr. Titus’s wages directly deposited into the entireties account.”
— 12 Pa. Cons. Stat. § 5107(a)(3)(iii) — 2 cases
— 12 Pa. Cons. Stat. § 5107(b) — 1 case
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