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DIVISION 4. GENERAL PROVISIONS 3274-9566›PART 2. SPECIAL RELATIONS OF DEBTOR AND CREDITOR 3429-3449›TITLE 2. VOID AND VOIDABLE TRANSFERS AND UNDERTAKINGS 3439-3449›CHAPTER 3. Undertaking in Voidable Transfer Action 3445-3449

§ 3446

California Civil Code · 2020-11 edition · updated 2026-10-04 · California

(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 voidable 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. 2015, Ch. 44, Sec. 17. (SB 161) Effective January 1, 2016.)

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