US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 North Carolina General Statutes » Chapter 23 - Debtor and Creditor » Article 5 - General Provisions under Articles 2, 3, and 4.

§ 23-39 – Superior or district court tries issue of fraud.

23-39. Superior or district court tries issue of fraud. In every case where an issue of fraud is made up as provided in this Chapter, the case shall be entered in the trial docket of the superior or district court, and stand for trial as other causes; and upon a finding by the jury in […]

§ 23-40 – Insolvent released on giving bond.

23-40. Insolvent released on giving bond. Every debtor entitled under the provisions of this chapter to discharge as an insolvent may, at the time of filing his application for a discharge or at any time afterwards, tender to the sheriff or other officer having his body in charge, a bond, with sufficient surety, in double […]

§ 23-41 – Surety in bond may surrender principal.

23-41. Surety in bond may surrender principal. The surety in any bond conditioned for the appearance of any person under this chapter may surrender the principal, or such principal may surrender himself, in discharge of the bond, to the sheriff or other officer of any court where such principal is bound to appear, in the […]

§ 23-42 – Creditor liable for jail fees.

23-42. Creditor liable for jail fees. When any debtor is actually confined within the walls of a prison, on an order of arrest in default of bail or otherwise, the jailer must furnish him with necessary food during his confinement, if the prisoner requires it, for which the jailer shall have the same fees as […]

§ 23-43 – False swearing; penalty.

23-43. False swearing; penalty. If any insolvent or imprisoned debtor takes any oath prescribed in this chapter falsely and corruptly, that person is guilty of a Class I felony, and he shall never after have any of the benefits of this chapter, but may be sued and imprisoned as though he had never been discharged. […]

§ 23-44 – Powers of trustees hereunder.

23-44. Powers of trustees hereunder. Any trustee appointed under the last four articles of this chapter, as therein contemplated, is hereby declared a trustee of the estate of the debtor, in respect to whose property such trustee is appointed for the benefit of creditors, and is invested from the time of appointment with all the […]

§ 23-45 – Jail bounds.

23-45. Jail bounds. Any imprisoned debtor may take the benefit of the prison bounds by giving security, as required by law, except as follows: (1) A debtor against whom an issue of fraud is found. (2) Any debtor who, for other cause, is adjudged to be imprisoned until he makes a full and fair disclosure […]