N.C. Gen. Stat. » Chapter 39
NC General Statutes

N.C. Gen. Stat. § 39-23.7 (2026)

Remedies of creditor

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

 

Notes of Decisions
Cited in 25 cases (8 in the last 5 years), 2006–2025 · leading case: Crowell v. Crowell, 809 S.E.2d 325 (N.C. Ct. App. 2018).
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Crowell v. Crowell, 809 S.E.2d 325 (N.C. Ct. App. 2018). · cites it 5× “G.S. § 39-23.7(1), (2), (3)c. A conveyance will be deemed fraudulent and thus void in either of the following instances: If the conveyance is voluntary and made with the actual intent upon the part of the grantor to defraud creditors, it is void, although this fraudulent intent…”
Est. of Hurst ex rel. Cherry v. Jones, 750 S.E.2d 14 (N.C. Ct. App. 2013). · cites it 3× “Under subsection (b), the amount of the transfer that can be set aside pursuant to N.C. Gen. Stat. § 39-23.7 (a)(l) is limited to the adjusted value of the asset transferred or the amount of the creditor’s claim, whichever is less.”
Maloney v. All. Dev. Grp., L.L.C., 2006 NCBC 11 (N.C. Bus. Ct. 2006). · cites it 15× “N.C.G.S. § 39-23.7(a). B. EQUITABLE RELIEF UNDER THE UFTA {34} Equitable relief under the UFTA is issued “subject to the applicable principles of equity and in accordance with the applicable rules of civil procedure.”
Miller v. First Bank, 696 S.E.2d 824 (N.C. Ct. App. 2010). · cites it 2× “) Pursuant to N.C. Gen. Stat. § 39-23.7 (a)(l), a creditor who establishes the existence of a fraudulent transfer may obtain “[a]voidance of the transfer or obligation to the extent necessary to satisfy the creditor’s claim[.”
Starnes v. Comm'r, 101 T.C.M. 1283 (Tax Ct. 2011). “The NCUFTA provides that transfers to present and future creditors are fraudulent when: (a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred,…”
Rountree v. Nunnery (In Re Rountree), 448 B.R. 389 (Bankr. E.D. Va. 2011). “N.C. Gen.Stat. § 39-23.7 (2011); see also id.”
Krg New Hill Place, LLC v. Springs Investors, LLC, 2015 NCBC 19 (N.C. Bus. Ct. 2015). · cites it 3× “] § 39-23.7” of the UFTA, including, but not limited to, “relief in the form of an injunction or receivership to protect the [Springs] Property from further disposition” by Defendants.”
Mckee v. James, 2013 NCBC 38 (N.C. Bus. Ct. 2013). “§ 39-23.7. Specifically, the UFTA provides that a transfer is fraudulent as to present and future creditors if the debtor made the transfer: (1) with intent to hinder, delay, or defraud any creditor of the debtor; or (2) without receiving a reasonably equivalent value in…”
Cherry Cmty. Org. v. Sellars, 871 S.E.2d 706 (N.C. 2022). · cites it 3× “Consequently, defendants did not meet their burden of proof to show that they were a good faith purchaser of the subject property and that they paid a reasonably equivalent value for the land. In deciding as a conclusion of law that defendants met this statutory burden of proof,…”
Poulos v. Poulos, 2017 NCBC 49 (N.C. Bus. Ct. 2017). · cites it 9× “Defendants contend that “[i]n any claim for relief under the UVTA, the remedies available to a creditor are provided in NCGS § 39-23.7, subject to the limitations specifically enumerated in NCGS § 39-23.”
Glob. Textile All., Inc. v. Tdi Worldwide, LLC, 2018 NCBC 54 (N.C. Bus. Ct. 2018). · cites it 8× “Plaintiff counters that G.S. § 39-23.7(a)(3) authorizes the Court to enjoin the prospective transfer of assets by providing that a court may issue “[a]n injunction against further disposition by the debtor .”
Willard v. Barger, 2020 NCBC 72 (N.C. Bus. Ct. 2020). · cites it 2× “]G.S. § 39-23.7(a)(2).” (Pls.’ Br. Supp. 10.”
Show all 25 citing cases →
N.C. Gen. Stat. § 39-23.7(1): 1 case
Crowell v. Crowell, 809 S.E.2d 325 (N.C. Ct. App. 2018). “G.S. § 39-23.7(1), (2), (3)c. A conveyance will be deemed fraudulent and thus void in either of the following instances: If the conveyance is voluntary and made with the actual intent upon the part of the grantor to defraud creditors, it is void, although this fraudulent intent…”
N.C. Gen. Stat. § 39-23.7(a): 1 case
Maloney v. All. Dev. Grp., L.L.C., 2006 NCBC 11 (N.C. Bus. Ct. 2006). “N.C.G.S. § 39-23.7(a). B. EQUITABLE RELIEF UNDER THE UFTA {34} Equitable relief under the UFTA is issued “subject to the applicable principles of equity and in accordance with the applicable rules of civil procedure.”
N.C. Gen. Stat. § 39-23.7(a)(1): 3 cases
Cherry Cmty. Org. v. Sellars, 871 S.E.2d 706 (N.C. 2022). “Consequently, defendants did not meet their burden of proof to show that they were a good faith purchaser of the subject property and that they paid a reasonably equivalent value for the land. In deciding as a conclusion of law that defendants met this statutory burden of proof,…”
Cherry Cmty. Org. v. Sellars, 871 S.E.2d 706 (N.C. 2022).
Fleming v. Horner, 2022 NCBC 26 (N.C. Bus. Ct. 2022).
N.C. Gen. Stat. § 39-23.7(a)(2): 1 case
Willard v. Barger, 2020 NCBC 72 (N.C. Bus. Ct. 2020). “]G.S. § 39-23.7(a)(2).” (Pls.’ Br. Supp. 10.”
N.C. Gen. Stat. § 39-23.7(a)(3): 1 case
Glob. Textile All., Inc. v. Tdi Worldwide, LLC, 2018 NCBC 54 (N.C. Bus. Ct. 2018). “Plaintiff counters that G.S. § 39-23.7(a)(3) authorizes the Court to enjoin the prospective transfer of assets by providing that a court may issue “[a]n injunction against further disposition by the debtor .”
N.C. Gen. Stat. § 39-23.7(a)(3)(a): 2 cases
Maloney v. All. Dev. Grp., L.L.C., 2006 NCBC 11 (N.C. Bus. Ct. 2006). “N.C.G.S. § 39-23.7(a). B. EQUITABLE RELIEF UNDER THE UFTA {34} Equitable relief under the UFTA is issued “subject to the applicable principles of equity and in accordance with the applicable rules of civil procedure.”
Glob. Textile All., Inc. v. Tdi Worldwide, LLC, 2018 NCBC 54 (N.C. Bus. Ct. 2018). “Plaintiff counters that G.S. § 39-23.7(a)(3) authorizes the Court to enjoin the prospective transfer of assets by providing that a court may issue “[a]n injunction against further disposition by the debtor .”
N.C. Gen. Stat. § 39-23.7(a)(l): 1 case
Est. of Hurst ex rel. Cherry v. Jones, 750 S.E.2d 14 (N.C. Ct. App. 2013). “Under subsection (b), the amount of the transfer that can be set aside pursuant to N.C. Gen. Stat. § 39-23.7 (a)(l) is limited to the adjusted value of the asset transferred or the amount of the creditor’s claim, whichever is less.”
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