(a)        In an action for relief against a transfer or obligation under this Article, a creditor, subject to the limitations in N.C. Gen. Stat. § 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. ?(1997-291, s. 2; 2015-23, s. 1.)

Terms Used In North Carolina General Statutes 39-23.7

  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • property: shall include all property, both real and personal. See North Carolina General Statutes 12-3