reglab/housing_qa huggingface dataset:
NC Gen Stat § 1-494 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 37 - Injunction.|§ 1-494 - Before what judge returnable.

 1-494. Before what judge returnable.All restraining orders and injunctions granted by any of the judges of the superior court shall be made returnable before the resident judge of the district, a special judge residing in the district, or any superior court judge assigned to hold court in the district where the civil action or special proceeding is pending, within 20 days from date of order. If a judge before whom the matter is returned fails, for any reason, to hear the motion and application, on the date set or within 10 days thereafter, any regular or special judge resident in, or assigned to hold the courts of, some adjoining district may hear and determine the said motion and application, after giving 10 days' notice to the parties interested in the application or motion. This removal continues in force the motion and application or motion. This removal continues in force the motion and application theretofore granted till they can be heard and determined by the judge having jurisdiction.All restraining orders and injunctions granted by any judge of the district court shall be made returnable before the judge granting such order or injunction or before the chief district judge or a district judge authorized to hear in-chambers matters in the district where the civil action is pending, within 20 days from the date of the order. If the judge before whom the matter is returned fails, for any reason, to hear the motion and application on the date set, or within 10 days thereafter, any district judge of the district authorized to hear in-chambers matters may hear and determine the said motion and application, after giving 10 days' notice to the parties interested in the application or motion. (1876, c. 223, s. 2; 1879, c. 63, ss. 2, 3; 1881, c. 51; Code, s. 336; Rev., s. 815; C.S., s. 852; 1963, c. 1143; 1973, c. 66, s. 3.)
NC Gen Stat § 1-495 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 37 - Injunction.|§ 1-495 - Stipulation as to judge to hear.

 1-495. Stipulation as to judge to hear.By a stipulation in writing, signed by all the parties to an application for an injunction order, or their attorneys, to the effect that the matter may be heard before a judge of the appropriate trial division designated in the stipulation, the judge before whom the restraining order is returnable by law, or who is by law the judge to hear the motion for an injunction order, shall, upon receipt of the stipulation forward it and all the papers to the judge designated, whose duty it then is to hear and decide the matter, and return all the papers to the court out of which they issued. (1883, c. 33; Code, s. 337; Rev., s. 816; C.S., s. 853; 1973, c. 66, s. 4.)
NC Gen Stat § 1-498 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 37 - Injunction.|§ 1-498 - Application to extend, modify, or vacate; before whom heard.

 1-498. Application to extend, modify, or vacate; before whom heard.Applications to extend, modify, or vacate temporary restraining orders and preliminary injunctions issued in the superior court division may be heard by the judge having jurisdiction if he is within the district or in an adjoining district, but if out of the district and not in an adjoining district, then before any judge who is at the time in the district, and if there is no judge in the district, before any judge in an adjoining district.Applications to extend, modify, or vacate temporary restraining orders and preliminary injunctions issued in the district court division may be heard by the district judge who made the original order or by the chief district judge or by a district judge of the district authorized to hear in-chambers matters. (C.C.P., s. 195; Code, s. 344; 1905, c. 26; Rev., s. 819; C.S., s. 856; 1967, c. 954, s. 3; 1973, c. 66, s. 5.)
NC Gen Stat § 1-500 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 37 - Injunction.|§ 1-500 - Restraining orders and injunctions in effect pending appeal; indemnifying bond.

 1-500. Restraining orders and injunctions in effect pending appeal; indemnifying bond.Whenever a plaintiff shall appeal from a judgment rendered at chambers, or in session, either vacating a restraining order theretofore granted, or denying a perpetual injunction in any case where such injunction is the principal relief sought by the plaintiff, and where it shall appear that vacating said restraining order or denying said injunction will enable the defendant to consummate the threatened act, sought to be enjoined, before such appeal can be heard, so that the plaintiff will thereby be deprived of the benefits of any judgment of the appellate division, reversing the judgment of the lower court, then in such case the original restraining order granted in the case shall in the discretion of the trial judge be and remain in full force and effect until said appeal shall be finally disposed of: Provided, the plaintiff shall forthwith execute and deposit with the clerk a written undertaking with sufficient surety, approved by the clerk or judge, in an amount to be fixed by the judge to indemnify the party enjoined against all loss, not exceeding an amount to be specified, which he may suffer on account of continuing such restraining order as aforesaid, in the event that the judgment of the lower court is affirmed by the appellate division. (1921, c. 58; C.S., s. 858(a); 1969, c. 44, s. 12; 1971, c. 381, s. 12.)
NC Gen Stat § 1-501 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38 - Receivers.|§ 1-501 - What judge appoints.

 1-501. What judge appoints.Any judge of the superior or district court with authority to grant restraining orders and injunctions has like jurisdiction in appointing receivers, and all motions to show cause are returnable as is provided for injunctions, except only a judge of the Superior Court Division has jurisdiction to appoint receivers of corporations. Any resident judge of the Superior Court Division or any nonresident judge of the Superior Court Division assigned to a district who appoints receivers pursuant to the authority granted hereby while holding court in that district may, in his discretion, retain jurisdiction and supervision of the original action, of the receivers appointed therefor and of any other civil actions pending in the same district involving the receivers, following his rotation out of the district. (C.C.P., s. 215; 1876-7, c. 223; 1879, c. 63; 1881, c. 51; Code, s. 379; Rev., s. 846; C.S., s. 859; 1971, c. 268, s. 31; 1979, c. 525, s. 13.)
NC Gen Stat § 1-502 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38 - Receivers.|§ 1-502 - In what cases appointed.

 1-502. In what cases appointed.A receiver may be appointed in any of the following cases:(1) Before judgment, on the application of either party, when the party establishes an apparent right to property that is the subject of the action and in the possession of an adverse party, and the property or its rents and profits are in danger of being lost or materially injured or impaired; a receiver, however, shall not be appointed in cases where judgment upon failure to answer may be had on application to the court.(2) After judgment, to carry the judgment into effect.(3) After judgment, to dispose of the property according to the judgment, or to preserve it during the pendency of an appeal, or when an execution has been returned unsatisfied, and the judgment debtor refuses to apply the property in satisfaction of the judgment.(4) Repealed by Session Laws 2021-93, s. 2, effective July 22, 2021.(5) In cases where restitution is sought for violations of G.S. 75-1.1.(6) In cases involving partition of real property, pursuant to G.S. 46A-28.  (C.C.P., s. 215; 1876-7, c. 223; 1879, c. 63; 1881, c. 51; Code, s. 379; Rev., s. 847; C.S., s. 860; 1955, c. 1371, s. 3; 1973, c. 614, s. 3; 1981, c. 584, s. 2; 2020-23, ss. 6, 9; 2021-93, s. 2.)
NC Gen Stat § 1-502.1 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38 - Receivers.|§ 1-502.1 - Applicant for receiver to furnish bond to adverse party.

 1-502.1. Applicant for receiver to furnish bond to adverse party.Before a judge may appoint a receiver, the judge shall require the party making application for the appointment to furnish a bond payable to the adverse party in a form and amount approved by the judge. The bond shall secure payment by the applicant of all damages, including reasonable attorney fees, sustained by the adverse party by the appointment and acts of the receiver if the appointment is vacated or otherwise set aside. The judge may require that the amount of bond be increased for this purpose any time after the appointment of a receiver. (1983 (Reg. Sess., 1984), c. 994, s. 1.)
NC Gen Stat § 1-503 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38 - Receivers.|§ 1-503 - Appointment refused on bond being given.

 1-503. Appointment refused on bond being given.In all cases where there is an application for the appointment of a receiver, upon the ground that the property or its rents and profits are in danger of being lost, or materially injured or impaired, or that a corporation defendant is insolvent or in imminent danger of insolvency, and the subject of the action is the recovery of a money demand, the judge before whom the application is made or pending shall have the discretionary power to refuse the appointment of a receiver if the party against whom such relief is asked, whether a person, partnership or corporation, tenders to the court an undertaking payable to the adverse party in an amount double the sum demanded by the plaintiff, with at least two sufficient and duly justified sureties, conditioned for the payment of such amount as may be recovered in the action, and summary judgment may be taken upon the undertaking. In the progress of the action the court may in its discretion require additional sureties on such undertaking. (1885, c. 94; Rev., s. 848; C.S., s. 861.)
NC Gen Stat § 1-504 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38 - Receivers.|§ 1-504 - Receiver's bond.

 1-504. Receiver's bond.A receiver appointed in an action or special proceeding must, before entering upon his duties, execute and file with the clerk of the court in which the action is pending an undertaking payable to the adverse party with at least two sufficient sureties in a penalty fixed by the judge making the appointment, conditioned for the faithful discharge of his duties as receiver. And the judge having jurisdiction thereof may at any time remove the receiver, or direct him to give a new undertaking, with new sureties, and on the like condition. This section does not apply to a case where special provision is made by law for the security to be given by a receiver, or for increasing the same, or for removing a receiver. (Code, s. 383; Rev., s. 849; C.S., s. 862.)
NC Gen Stat § 1-505 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38 - Receivers.|§ 1-505 - Sale of property in hands of receiver.

 1-505. Sale of property in hands of receiver.In a case pending in the Superior Court Division in which a receiver has been appointed, the resident superior court judge or a superior court judge regularly holding the courts of the district shall have power and authority to order a sale of any property, real or personal, in the hands of a receiver duly and regularly appointed. In a case pending in the District Court Division in which a receiver has been appointed, the chief district judge or a district judge designated by the chief district judge to hear motions and enter interlocutory orders shall have the power and authority to order a sale of any property, real or personal, in the hands of a duly appointed receiver. Sales of property authorized by this section shall be upon such terms as appear to be to the best interests of the creditors affected by the receivership. The procedure for such sales shall be as provided in Article 29A of Chapter 1 of the General Statutes. (1931, c. 123, s. 1; 1949, c. 719, s. 2; 1955, c. 399, s. 1; 1971, c. 268, s. 32.)
NC Gen Stat § 1-507 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38 - Receivers.|§ 1-507 - Validation of sales made outside county of action.

 1-507. Validation of sales made outside county of action.All receiver's sales made prior to March 16, 1931, where orders were made and confirmation decreed or where either orders were made or confirmation decreed outside the county in which said actions were pending by a resident judge or the judge assigned to hold the courts of the district are hereby validated, ratified and confirmed. (1931, c. 123, s. 3.)
NC Gen Stat § 1-507.21 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38A - North Carolina Commercial Receivership Act.|§ 1-507.21 - Applicability of Article and of common law.

 1-507.21. Applicability of Article and of common law.(a) Application of Article. - Except as provided in subsection (b) of this section, this Article applies to receiverships pursuant to any provision of the General Statutes, as well as any receiverships instituted under common law and the equitable power of the courts, in each case in which the debtor is an entity or an individual business debtor.(b) Exclusions. - This Article does not apply to any receivership in which (i) the receiver is a State agency or in which the receiver is appointed, controlled, or regulated by a State agency unless otherwise provided by law or (ii) the receiver is appointed for a ward or a ward's estate pursuant to G.S. 35A-1294. No trust other than a business trust, no estate of a deceased individual, missing person, or absentee in military service, and no individual other than an individual business debtor may be a debtor in a receivership under this Article, and this Article shall not apply to receiverships of such persons. Nothing in this Article shall be construed in a manner that permits a receiver to seize an interest of the debtor in property that is not receivership property.(c) Article Supplemental. - Unless explicitly displaced by a particular provision of this Article, the provisions of other statutory law and the principles of common law and equity remain in full force and effect and supplement the provisions of this Article.(d) This Article shall not deny the right of an individual business debtor or an entity for which a limited receiver has been appointed pursuant to this Article to file a case under Title 11 of the United States Code.  (2020-75, s. 1.)
NC Gen Stat § 1-507.22 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38A - North Carolina Commercial Receivership Act.|§ 1-507.22 - Powers of the court.

 1-507.22. Powers of the court.The court that appoints a receiver under this Article has the exclusive authority to direct the receiver and determine all controversies relating to the receivership or receivership property, wherever located, including, without limitation, authority to determine all controversies relating to the collection, preservation, improvement, disposition, and distribution of receivership property, and all matters otherwise arising in or relating to the receivership, the receivership property, the exercise of the receiver's powers, or the performance of the receiver's duties.  (2020-75, s. 1.)
NC Gen Stat § 1-507.23 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38A - North Carolina Commercial Receivership Act.|§ 1-507.23 - Types of receiverships.

 1-507.23. Types of receiverships.A receivership may be either a limited receivership or a general receivership. Any receivership which is based upon the foreclosure or enforcement of a security agreement, judgment lien, mechanic's lien, or other lien pursuant to which the debtor or any holder of a lien would have a statutory right of redemption, shall be a limited receivership. If the order appointing the receiver does not specify whether the receivership is a limited receivership or a general receivership, the receivership shall be a limited receivership unless and until the court by later order designates the receivership as a general receivership, notwithstanding that pursuant to G.S. 1-507.24(i), a receiver may otherwise have control over all the property of the debtor. At any time, the court may order a general receivership to be converted to a limited receivership and a limited receivership to be converted to a general receivership.  (2020-75, s. 1.)
NC Gen Stat § 1-507.26 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38A - North Carolina Commercial Receivership Act.|§ 1-507.26 - Bond.

 1-507.26. Bond.(a) Receiver's Bond. - After appointment, a receiver shall give a bond in the sum, nature, and with the conditions that the court shall order in its discretion. Unless otherwise ordered by the court, the receiver's bond shall be conditioned on the receiver's faithful discharge of its duties in accordance with the orders of the court and the laws of this State. The bond may be a cash bond deposited with the clerk, a bond issued by a surety licensed to issue surety bonds, or a bond issued by a surety which the court otherwise deems sufficient.(b) Receiver Actions Before Bond. - The court may authorize a receiver to act before the receiver posts the bond required by this section.  (2020-75, s. 1.)
NC Gen Stat § 1-507.27 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38A - North Carolina Commercial Receivership Act.|§ 1-507.27 - Defenses and immunities; discovery.

 1-507.27. Defenses and immunities; discovery.(a) A receiver shall be entitled to all defenses and immunities provided by the laws of this State for an act or omission within the scope of the receiver's appointment.(b) A receiver may not be sued personally for an act or omission in administering receivership property without approval of the judge appointed to preside over the receivership pursuant to G.S. 1-507.24(b).(c) A party or party in interest may conduct discovery of the receiver concerning any matter relating to the receiver's administration of the receivership property after obtaining an order authorizing the discovery.  (2020-75, s. 1.)
NC Gen Stat § 1-507.29 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38A - North Carolina Commercial Receivership Act.|§ 1-507.29 - Receiver as lien creditor; real estate recording; subsequent sales of real estate.

 1-507.29. Receiver as lien creditor; real estate recording; subsequent sales of real estate.(a) Receiver as Lien Creditor. - As of the time of appointment, the receiver shall have the powers and priority as if it were a creditor that obtained a judicial lien at the time of appointment on all of the receivership property, subject to satisfying the recording requirements as to real property described in subsection (b) of this section. This power and priority shall be in addition to any vested interest in real property a receiver for property of a judgment debtor may obtain as a result of filing the receivership order in accordance with G.S. 1-364.(b) Real Estate Recording. - If any interest in real estate is included in the receivership property, the receiver shall record a lis pendens as soon as practicable with the register of deeds of the county or counties in which the real property is situated. The priority of the receiver as lien creditor against real property shall be from the time of recording of the lis pendens, except in the case of another lien creditor that, before the recording of the lis pendens, obtains actual knowledge of the receiver's appointment demand, as to whom priority shall be from the time the lien creditor obtains actual knowledge.(c) Subsequent Sales of Real Estate. - The recording of the notice of lis pendens in the office of the register of deeds of the county or counties in which the real property is situated, the order of the court authorizing the receiver to sell the real property, and the deed for the sale of the real property, duly executed by the receiver, shall be conclusive evidence of the authority of the receiver to sell and convey the real property described in the deed.  (2020-75, s. 1.)
NC Gen Stat § 1-507.30 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38A - North Carolina Commercial Receivership Act.|§ 1-507.30 - Duties of debtor.

 1-507.30. Duties of debtor.(a) Duties. - In addition to those duties conferred by statute or order of the court, the debtor has the following duties:(1) To assist and cooperate fully with the receiver in the administration of the receivership and the receivership property and the discharge of the receiver's duties and to comply with all rules and orders of the court.(2) To deliver to the receiver, immediately upon the receiver's appointment and demand, all of the receivership property in the debtor's possession, custody, or control, including all books and records, electronic data, passwords, access codes, statements of accounts, deeds, titles or other evidence of ownership, financial statements, financial and lien information, bank account statements, and all other papers and documents related to the receivership property.(3) To supply to the receiver information as requested relating to the administration of the receivership and the receivership property, including information necessary to complete any reports or other documents that the receiver may be required to file.(4) To remain responsible for the filing of all tax returns, including those returns applicable to periods which include those in which the receivership is in effect, except as otherwise ordered by the court.(b) Debtor Not Individual. - If the debtor is not an individual, this section applies to each officer, director, manager, member, partner, trustee, or other person exercising or having the power to exercise control over the affairs of the debtor immediately before the appointment of the receiver.(c) Enforcement. - If a person knowingly fails to perform a duty imposed by this section, the court may (i) compel the person to comply with that duty, (ii) award the receiver actual damages caused by the person's failure and reasonable attorneys' fees and costs, and (iii) sanction the person for civil contempt.  (2020-75, s. 1; 2021-93, s. 5.)
NC Gen Stat § 1-507.32 (2021)
2021 North Carolina General Statutes|Chapter 1 - Civil Procedure|Article 38A - North Carolina Commercial Receivership Act.|§ 1-507.32 - Schedules of property and claims.

 1-507.32. Schedules of property and claims.(a) The court shall order the debtor or a general receiver to file under oath within 60 days from the time of appointment, or at such earlier or later time as the court shall direct, the following:(1) A schedule of all receivership property and exempt property of the debtor, describing, as of the time of appointment: (i) the location of the property and, if real property, a legal description thereof; (ii) a description of all liens to which the property is subject; and (iii) an estimated value of the property.(2) A schedule of all creditors and taxing authorities and regulatory authorities, their mailing addresses, the amount and nature of their claims, whether the claims are secured by liens of any kind, and whether the claims are disputed, contingent, or unliquidated.(b) Each schedule filed by (i) the debtor shall be filed under oath and under penalty of perjury as true and correct and (ii) the receiver shall be filed under oath and under penalty of perjury as true and correct to the best of the receiver's knowledge.(c) The court may order inventories and appraisals if appropriate to the receivership.  (2020-75, s. 1.)