1. Action for relief. In any action for relief against a transfer or obligation under this Act, a creditor, subject to the limitations provided in section 3579, may obtain:
A. Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim; [PL 1985, c. 641, §3 (NEW).]
B. An attachment, trustee process or other provisional remedy against the asset transferred or other property of the transferee in accordance with the procedure prescribed by law; or [PL 1985, c. 641, §3 (NEW).]
C. Subject to applicable principles of equity and in accordance with applicable civil rules of procedure:

(1) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;
(2) Appointment of a receiver to take charge of the asset transferred or of other property of the transferee;
(3) Damages in an amount not to exceed double the value of the property transferred or concealed; or
(4) Any other relief the circumstances may require. [PL 1991, c. 114 (AMD).]

[PL 1991, c. 114 (AMD).]

Terms Used In Maine Revised Statutes Title 14 Sec. 3578

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Trustee: A person or institution holding and administering property in trust.
2. Execution. 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.

[PL 1985, c. 641, §3 (NEW).]

SECTION HISTORY

PL 1985, c. 641, §3 (NEW). PL 1991, c. 114 (AMD).