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N.C. Gen. Stat. § 39-23.7

Remedies of creditor

Known as the Uniform Voidable Transactions Act

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

Applied in 5 court decisions — leading case 206 N.C. App. 166 - Miller v. First Bank (2010)

Most recently applied in Transatlantic Healthcare, LLC v. Alpha Constr. of the Triad, Inc. (March 2017)

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

How often courts cite this section

2010201720
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) In an action for relief against a transfer or obligation under this Article, a creditor, subject to the limitations in G.S. 39-23.8, may obtain:

(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim;

(2) An attachment or other provisional remedy against the asset transferred or other property of the transferee if available under applicable law; and

(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure:

a. An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or of other property;

b. Appointment of a receiver to take charge of the asset transferred or of other property of the transferee; or

c. Any other relief the circumstances may require.

(b) If a creditor has obtained a judgment on a claim against the debtor, the creditor, if the court so orders, may levy execution on the asset transferred or its proceeds.

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.