(a) In an action for relief against a transfer or obligation under this chapter, a creditor,
subject to the limitations in § 6-16-8, 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 available under applicable law; and
(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
8
cases, 1993–2008 · leading case:
Duffy v. Dwyer, 847 A.2d 266 (R.I. 2004).
Duffy v. Dwyer, 847 A.2d 266 (R.I. 2004).
· cites it 3× “” When a creditor has been harmed by a fraudulent transfer, he or she may obtain “[ajvoidance of the transfer * * * to the extent necessary to satisfy the creditor’s claim,” § 6-16-7(a)(1), and seek “[a]n injunction against further disposition by the debtor or a transferee, or…”
Rohm & Haas Co. v. Capuano, 301 F. Supp. 2d 156 (D.R.I. 2004).
· cites it 4× “See R.I. Gen. Laws §§ 6-16-7, 6-16-8. Therefore, the Defendants’ Motion to Dismiss Rohm and Haas’ Complaint as to Greenfields is denied.”
Nisenzon v. Sadowski, 689 A.2d 1037 (R.I. 1997).
· cites it 2× “Sections 6-16-7(a)(l) and 6-16-7(a)(3) provide that, subject to specified limitations, a creditor may obtain avoidance of the transfer to the extent necessary to satisfy the creditor’s claim or, subject to principles of equity, may be awarded any other relief that the…”
Martin v. Lincoln Bar, Inc., 622 A.2d 464 (R.I. 1993).
· cites it 3× “Our reading of § 6-16-7, the remedies provision of the UFTA, does not support plaintiff’s interpretation of the statute.”
Richardson v. Preston (Antex, Inc.), 397 B.R. 168 (1st Cir. BAP 2008).
“Thus, the payments were voidable as fraudulent transfers under applicable state law (see R.I. Gen. Laws § 6-16-7(a)(l)) and the Trustee was entitled to avoid them pursuant to § 544(b).”
Zahn v. Yucaipa Capital Fund (In Re Almac's, Inc.), 202 B.R. 648 (D.R.I. 1996).
“…6-16-5(a) and should be avoided pursuant to §§ 544(b) and 550(a) of the Bankruptcy Code and Rhode Island General Laws §§ 6-16-7 and 6-16-8(b).„ In addition, in Count V of the complaint, the Trustee brings a breach of fiduciary duty action under Delaware General Corporation Law…”
Lemoi v. Lemoi, 713 A.2d 242 (R.I. 1998).
· cites it 3× “The plaintiff then moved for issuance of an execution pursuant to G.L. 1956 § 6-16-7(b) of the UFTA. Pursuant to this motion the parties stipulated to the following facts prior to hearing: “1.”
R.I. Gen. Laws § 6-16-7(a)(1): 1 case
Duffy v. Dwyer, 847 A.2d 266 (R.I. 2004).
“” When a creditor has been harmed by a fraudulent transfer, he or she may obtain “[ajvoidance of the transfer * * * to the extent necessary to satisfy the creditor’s claim,” § 6-16-7(a)(1), and seek “[a]n injunction against further disposition by the debtor or a transferee, or…”
R.I. Gen. Laws § 6-16-7(a)(3)(C): 1 case
Martin v. Lincoln Bar, Inc., 622 A.2d 464 (R.I. 1993).
“Our reading of § 6-16-7, the remedies provision of the UFTA, does not support plaintiff’s interpretation of the statute.”
R.I. Gen. Laws § 6-16-7(a)(3)(i): 1 case
Duffy v. Dwyer, 847 A.2d 266 (R.I. 2004).
“” When a creditor has been harmed by a fraudulent transfer, he or she may obtain “[ajvoidance of the transfer * * * to the extent necessary to satisfy the creditor’s claim,” § 6-16-7(a)(1), and seek “[a]n injunction against further disposition by the debtor or a transferee, or…”
R.I. Gen. Laws § 6-16-7(a)(3)(iii): 1 case
R.I. Gen. Laws § 6-16-7(a)(l): 2 cases
Nisenzon v. Sadowski, 689 A.2d 1037 (R.I. 1997).
“Sections 6-16-7(a)(l) and 6-16-7(a)(3) provide that, subject to specified limitations, a creditor may obtain avoidance of the transfer to the extent necessary to satisfy the creditor’s claim or, subject to principles of equity, may be awarded any other relief that the…”
Richardson v. Preston (Antex, Inc.), 397 B.R. 168 (1st Cir. BAP 2008).
“Thus, the payments were voidable as fraudulent transfers under applicable state law (see R.I. Gen. Laws § 6-16-7(a)(l)) and the Trustee was entitled to avoid them pursuant to § 544(b).”
R.I. Gen. Laws § 6-16-7(b): 1 case
Lemoi v. Lemoi, 713 A.2d 242 (R.I. 1998).
“The plaintiff then moved for issuance of an execution pursuant to G.L. 1956 § 6-16-7(b) of the UFTA. Pursuant to this motion the parties stipulated to the following facts prior to hearing: “1.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.