2015 South Dakota Codified Laws
Title 55 - FIDUCIARIES AND TRUSTS
Chapter 16 - Qualified Dispositions In Trust
§ 55-16-9 Creditors' actions limited to transfers with intent to defraud.
55-16-9. Creditors' actions limited to transfers with intent to defraud.
Notwithstanding any other provision of law, including chapter 54-8A, no action of any kind, including an action to enforce a judgment entered by a court or other body having adjudicative authority, may be brought at law or in equity for an attachment or other provisional remedy against property that is the subject of a qualified disposition or for avoidance of a qualified disposition unless the settlor's transfer of property was made with the intent to defraud that specific creditor. In the event of any conflict between any provision of this chapter and any provision of chapter 54-8A or any other provision of law similar to any provision of chapter 54-8A, the provisions of this chapter control and prevail.
Source: SL 2005, ch 261, § 9; SL 2008, ch 257, § 16; SL 2014, ch 226, § 21.
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