Regulatory Framework For Business Transactions (RFBT) CEGG Practice Exam

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The following are the remedies of the creditor to pursue against the debtor, except
Correct Answer:
Compel the debtor to perform the service in obligations to do
Explanation:
The main idea is that creditors have tools that reach the debtor’s assets or rights, or that undo steps aimed at shielding those assets. Attacking property owned and in the debtor’s possession is a direct enforcement method: you attach or seize assets to satisfy the debt. Accion subrogatoria lets the creditor step into the debtor’s rights against third parties who owe the debtor money or performance, enabling recovery from those sources to satisfy the claim. Accion pauliana is used to counteract transfers or acts by the debtor intended to defraud or prejudice creditors, allowing the creditor to set aside such dispositions so assets remain available for payment. Compelling the debtor to perform a service, while a form of enforcement in contract law, is not treated here as a creditor remedy aimed at recovering the debt through the debtor’s assets or through third-party obligations. In this context, the standard creditor remedies focus on asset recovery, rights against third parties, or undoing transfer of assets, rather than personal performance of services by the debtor. Therefore, this option does not fit with the others.

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