                                 CODE OF VIRGINIA

CREDITOR&#8217;S ACTION TO AVOID SUCH GIFTS, CONVEYANCES, ASSIGNMENTS,
TRANSFERS, OR CHARGES (§ 55.1-402)

Before obtaining a judgment for his claim, a creditor may, whether such claim is
due and payable or not, institute any action that he may institute after
obtaining such judgment to avoid a gift, conveyance, assignment, or transfer of,
or charge upon, the estate of his debtor declared void by either § 55.1-400 or
55.1-401. Such creditor may, in such action, have all the relief with respect to
such estate to which he would be entitled after obtaining a judgment for the
claim for which he may be entitled to recover. A creditor availing himself of
this section shall have a lien from the time of bringing his action on all the
estate, real and personal, and a petitioning creditor shall also be entitled to
a lien from the time of filing his petition in the court in which the action is
brought. If the proceeds of sale are insufficient to satisfy the claims of all
the creditors whose liens were acquired at the same time, they shall be applied
proportionately to such claims, and the court may issue an order against the
debtor for any deficiency remaining on the claim of any creditor after applying
his share of the proceeds of sale, or, if any creditor is not entitled to share
in such proceeds, may issue an order against the debtor for the full amount of
the creditor&#8217;s claim. This section is subject to the provisions of §§
8.01-268 and 8.01-269.

HISTORY: Code 1919, § 5186; Code 1950, § 55-82; 1926, p. 874; 2009, c. 593;
2019, c. 712.