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N.C. Gen. Stat. § 39-23.5

Transfer or obligation voidable as to present creditor

Known as the Uniform Voidable Transactions Act

The act spans §§ 39-23.1 to 39-23.9B (15 sections).

Applied in 11 court decisions — leading case 200 N.C. App. 644 - Fischer Investment Capital, Inc. v. Catawba Development Corp. (2009)

Most recently applied in Richard Cook v. United States (March 2022)

1997-291, s. 2; 2015-23, s. 1.

How often courts cite this section

200620102020202220
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.

(b) A transfer made by a debtor is voidable as to a creditor whose claim arose before the transfer was made if the transfer was made to an insider for an antecedent debt, the debtor was insolvent at that time, and the insider had reasonable cause to believe that the debtor was insolvent.

(c) Subject to G.S. 39-23.2(b), a creditor making a claim for relief under subsection (a) or subsection (b) of this section has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.