State Codes and Statutes

Statutes > North-carolina > Chapter_39 > GS_39-23_7

§39‑23.7.  Remedies of creditors.

(a)        In an action forrelief against a transfer or obligation under this Article, a creditor, subjectto the limitations in G.S. 39‑23.8, may obtain:

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

(2)        An attachment orother provisional remedy against the asset transferred or other property of thetransferee in accordance with the procedure prescribed by Article 35 of Chapter1 of the General Statutes;

(3)        Subject to applicableprinciples of equity and in accordance with applicable rules of civilprocedure,

a.         An injunctionagainst further disposition by the debtor or a transferee, or both, of theasset transferred or of other property;

b.         Appointment of areceiver to take charge of the asset transferred or of other property of thetransferee; or

c.         Any other relief thecircumstances may require.

(b)        If a creditor hasobtained a judgment on a claim against the debtor, the creditor, if the courtso orders, may levy execution on the asset transferred or its proceeds. (1997‑291,s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_39 > GS_39-23_7

§39‑23.7.  Remedies of creditors.

(a)        In an action forrelief against a transfer or obligation under this Article, a creditor, subjectto the limitations in G.S. 39‑23.8, may obtain:

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

(2)        An attachment orother provisional remedy against the asset transferred or other property of thetransferee in accordance with the procedure prescribed by Article 35 of Chapter1 of the General Statutes;

(3)        Subject to applicableprinciples of equity and in accordance with applicable rules of civilprocedure,

a.         An injunctionagainst further disposition by the debtor or a transferee, or both, of theasset transferred or of other property;

b.         Appointment of areceiver to take charge of the asset transferred or of other property of thetransferee; or

c.         Any other relief thecircumstances may require.

(b)        If a creditor hasobtained a judgment on a claim against the debtor, the creditor, if the courtso orders, may levy execution on the asset transferred or its proceeds. (1997‑291,s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_39 > GS_39-23_7

§39‑23.7.  Remedies of creditors.

(a)        In an action forrelief against a transfer or obligation under this Article, a creditor, subjectto the limitations in G.S. 39‑23.8, may obtain:

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

(2)        An attachment orother provisional remedy against the asset transferred or other property of thetransferee in accordance with the procedure prescribed by Article 35 of Chapter1 of the General Statutes;

(3)        Subject to applicableprinciples of equity and in accordance with applicable rules of civilprocedure,

a.         An injunctionagainst further disposition by the debtor or a transferee, or both, of theasset transferred or of other property;

b.         Appointment of areceiver to take charge of the asset transferred or of other property of thetransferee; or

c.         Any other relief thecircumstances may require.

(b)        If a creditor hasobtained a judgment on a claim against the debtor, the creditor, if the courtso orders, may levy execution on the asset transferred or its proceeds. (1997‑291,s. 2.)