An arbitral award, whilst constituting an enforceable title, does not represent the source of the withdrawing member's right to payment for the liquidation of their membership interest, such source being found directly in statute; it follows that the priority of the debt over the disposition challenged by actio pauliana must be assessed with reference to the time when the right of withdrawal was exercised and not to the time when the award ascertaining its amount was rendered.
For the purposes of bringing an actio pauliana pursuant to Article 2901 of the Civil Code, the debt arising from the liquidation of the withdrawing member's interest, even if subject to challenge of the arbitral award determining its value, constitutes a debt capable of conferring standing to bring the action, given that even a contingent or disputed debt is sufficient to give rise to the status of creditor enabling the bringing of an actio pauliana against a disposition effected by the debtor.
The suspension of the enforceability of an arbitral award ordered in setting-aside proceedings does not preclude the bringing of an actio pauliana by a creditor whose debt has been ascertained in that award, since the requirement of creditor status under Article 2901 of the Civil Code is satisfied even where the debt is disputed, there being no requirement that it be certain, liquidated and due.