Uniform Voidable Transactions Act
North Carolina · 39 · §§ 39-23.1 to 39-23.9B · 15 sections
Overview
The act governs the relationship between debtors and their creditors and the circumstances in which a transfer of property or an obligation incurred by a debtor can be undone because it unfairly interferes with a creditor's ability to collect. It supplies the operative definitions and tests — what counts as value, when a debtor is insolvent, when a transfer is treated as made, and when actual intent to defraud or the absence of reasonably equivalent value renders a transfer voidable — and it specifies the relief available to a creditor, the conditions under which a judgment may be entered against a transferee, the deadline for bringing an action, and where suit may be filed. It also regulates assignments a debtor makes for the benefit of creditors, requiring that the deed of assignment be executed, filed, and recorded together with sworn statements and a list of the assignor's property and creditors, that the assignee post bond and then administer and distribute the estate, and it sets out who may sue to set an assignment aside, what must be proved, and how creditors are notified and paid.
Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.
In the courts
Sections of this act have been cited in 77 court decisions.
Most-cited authority: 383 FSUPP2D 587 - Bondi v. Bank of America Corp.
Sections covered
- N.C. Gen. Stat. § 39-23.1Definitions19 cites
- N.C. Gen. Stat. § 39-23.10Supplementary provisions2 cites
- N.C. Gen. Stat. § 39-23.11Uniformity of application and construction1 cite
- N.C. Gen. Stat. § 39-23.11ARelation to Electronic Signatures in Global and National Commerce Act
- N.C. Gen. Stat. § 39-23.12Short title1 cite
- N.C. Gen. Stat. § 39-23.2Insolvency
- N.C. Gen. Stat. § 39-23.3Value1 cite
- N.C. Gen. Stat. § 39-23.4Transfer or obligation voidable as to present or future creditor22 cites
- N.C. Gen. Stat. § 39-23.5Transfer or obligation voidable as to present creditor11 cites
- N.C. Gen. Stat. § 39-23.6When transfer is made or obligation is incurred2 cites
- N.C. Gen. Stat. § 39-23.7Remedies of creditor5 cites
- N.C. Gen. Stat. § 39-23.8Defenses, liability, and protection of transferee or obligee4 cites
- N.C. Gen. Stat. § 39-23.9Extinguishment of claim for relief9 cites
- N.C. Gen. Stat. § 39-23.9AGoverning law
- N.C. Gen. Stat. § 39-23.9BApplication to series organization
Enacted in other states
Alabama, Arkansas, California, Georgia, Iowa, Idaho, Indiana, Kentucky, Minnesota, New Jersey, New Mexico, Oregon, Pennsylvania, Rhode Island, Vermont
All North Carolina named statutes →
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