2011 California Code
Civil Code
DIVISION 4. GENERAL PROVISIONS [3274 - 9566]
CHAPTER 3. Undertaking in Fraudulent Transfer Action
Section 3446


CA Civ Code § 3446 (through 2012 Leg Sess) What's This?

(a) In an action by a creditor for relief against a transfer or obligation under Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4 on the ground that the transfer or obligation is fraudulent as to the creditor, the transferee may give an undertaking as provided in this chapter.

(b) If an undertaking is given as provided in this chapter, the transferee may sell, encumber, transfer, convey, mortgage, pledge, or otherwise dispose of the property or obligation, or a part thereof, and the purchaser, encumbrancer, transferee, mortgagee, grantee, or pledgee of the property or obligation takes, owns, holds, and possesses the property or obligation unaffected by the action and any judgment that is rendered in the action.

(Amended by Stats. 1986, Ch. 383, Sec. 5.)

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