reglab/statecodes huggingface dataset:
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.33 - Notice.

§ 1-507.33. Notice.
In a general receivership, unless the court orders otherwise, the receiver shall give notice of the receivership to all creditors and other parties in interest actually known to the receiver by first-class mail within 30 days after the time of appointment or in such other manner and within such earlier or later time as the court may order. The notice of the receivership shall include the time of appointment and the names and addresses of the debtor, the receiver, and the receiver's attorney, if any. (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.35 - Records; interim reports; status hearings.

§ 1-507.35. Records; interim reports; status hearings.
(a) Preparation and Retention of Records. – The receiver shall prepare and retain appropriate business records, including records of all cash receipts, disbursements and dispositions of receivership property. After due consideration of issues of confidentiality, the records may be provided by the receiver to parties in interest or shall be provided as ordered by the court.
(b) Interim Reports. – The court may order the receiver to prepare and file interim reports addressing the following:
(1) The activities of the receiver since appointment or the last report.
(2) Any receipts and disbursements, including payments made to professionals retained by the receiver.
(3) Any distributions of money and property of the receivership estate.
(4) Any fees and expenses of the receiver and, if not filed separately, a request for approval of payment of the fees and expenses.
(5) Any other information required by the court.
The order may provide for the delivery of the receiver's interim reports to persons on the master service list and to other persons and may provide a procedure for objection to the interim reports, and may also provide that the failure to object constitutes a waiver of objection to matters addressed in the interim reports.
(c) Status Hearings. – From time to time, upon motion of the receiver or any party in interest, or at such time or times as the court may deem appropriate, the court shall schedule status hearings to review the status of the receivership. Upon the scheduling of a status hearing, the receiver shall give notice thereof to all persons on the most current master service list. (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.36 - Removal of receivers.

§ 1-507.36. Removal of receivers.
(a) Removal of Receiver. – The court may remove the receiver if: (i) the receiver fails to execute and file the bond required by G.S. 1-507.26; (ii) the receiver dies, resigns, refuses, or fails to serve for any reason; or (iii) for other good cause.
(b) Successor Receiver. – Upon removal of the receiver, if the court determines that further administration of the receivership is required, the court shall appoint a successor receiver. Upon executing and filing a bond under G.S. 1-507.26, the successor receiver shall immediately succeed the removed receiver and shall assume the duties of receiver.
(c) Report and Discharge of Removed Receiver. – Within 30 days after removal, the removed receiver shall file with the court and serve a report pursuant to G.S. 1-507.35, for matters up to the date of the removal. Upon approval of the report, the court may enter an order pursuant to G.S. 1-507.37 discharging the removed receiver. (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.38 - Actions by or against receiver; actions relating to receivership property.

§ 1-507.38. Actions by or against receiver; actions relating to receivership property.
(a) Actions By or Against Receiver. – The receiver may sue in the receiver's capacity and, subject to other sections of this Article and all immunities provided at common law, may be sued in that capacity.
(b) Venue. – Unless the court orders otherwise, an action by or against the receiver or relating to the receivership or receivership property shall be commenced in the court in which the receivership is pending.
(c) Joinder. – Subject to G.S. 1-507.42, a limited or general receiver may be joined or substituted as a party in any action or other proceeding that relates to receivership property that was pending at the time of appointment. Subject to G.S. 1-507.42, a general receiver may be joined or substituted as a party in any action or other proceeding that was pending at the time of appointment in which the debtor is a party. Actions or proceedings pending at the time of appointment may be transferred to the court in which the receivership is pending upon the receiver's or any party's motion for change of venue made in the court in which the action or proceeding is pending, provided that such motion is filed no later than 90 days after the time of appointment.
(d) Effect of Judgments. – A judgment entered subsequent to the time of appointment against a receiver or the debtor shall not constitute a lien on receivership property, nor shall any execution issue thereon. A judgment against a limited receiver shall have the same effect as a judgment against the debtor, except that the judgment shall be enforceable against receivership property only to the extent ordered by the court. Nothing in this section shall validate a judgment that is entered in violation of the stay or stays provided for in G.S. 1-507.42. (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.40 - Turnover of receivership property.

§ 1-507.40. Turnover of receivership property.
(a) Demand by Receiver. – Except as expressly provided in this section, and unless otherwise ordered by the court, upon demand by a receiver: (i) subject to subsection (b) of this section, any person shall turn over to the receiver any receivership property that is within the possession, custody, or control of that person and (ii) any person that owes a debt that is receivership property and is matured or payable on demand or on order shall pay the debt to or on the order of the receiver, except to the extent that the debt is subject to setoff or recoupment.
(b) Adequate Protection. – If a creditor has possession, custody, or control of receivership property and the validity, perfection, or priority of the creditor's lien on or interest in the property depends on the creditor's possession, custody, or control, the creditor may retain possession, custody, or control until the court orders adequate protection of the creditor's lien.
(c) Turnover Motion by Receiver. – A receiver may seek to compel turnover of receivership property required by clause (i) of subsection (a) of this section by motion in the receivership. If there exists a bona fide dispute with respect to the existence or nature of the receiver's or the debtor's interest in the receivership property, turnover shall be sought by means of an action under G.S. 1-507.38. Unless a bona fide dispute exists about a receiver's right to possession, custody, or control of receivership property, the court may sanction as civil contempt a person's failure to turn over the property when required by this section.
(d) Payment Only to Receiver. – A person that has notice of the appointment of a receiver and owes a debt that is receivership property shall not satisfy the debt by payment to the debtor. (2020-75, s. 1; 2021-93, s. 6.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.41 - Ancillary receiverships.

§ 1-507.41. Ancillary receiverships.
(a) Ancillary Receiverships in Foreign Jurisdictions. – A receiver appointed by a court of this State may, without first seeking approval of the court, apply in any foreign jurisdiction for appointment as receiver with respect to any receivership property which is located within the foreign jurisdiction.
(b) Ancillary Receiverships in This State. – A foreign receiver may obtain appointment by a court of this State as a receiver in an ancillary receivership with respect to any property subject to the foreign receivership that is located in this State or subject to the jurisdiction of the court for which a receiver could be appointed under this Article if (i) the foreign receiver would be eligible to serve as receiver under G.S. 1-507.25 and (ii) the appointment is in furtherance of the foreign receiver's possession, control, or disposition of property subject to the foreign receivership and in accordance with orders of the foreign jurisdiction.
The courts of this State may enter any order necessary to effectuate orders entered by the foreign jurisdiction's receivership proceeding. Unless the court orders otherwise, a receiver appointed in an ancillary receivership in this State shall have the powers and duties of a limited receiver as set forth in this Article and shall otherwise comply with the provisions of this Article applicable to limited receivers. (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.43 - Utility service.

§ 1-507.43. Utility service.
(a) No Discontinuance of Utility Service. – Except as provided in subsection (b) of this section, a utility providing service to receivership property that has received written notice from the receiver of the appointment of the receiver may not alter, refuse, or discontinue service to the receivership property.
(b) Adequate Assurance of Payment. – A utility providing service to receivership property that has received written notice from the receiver of the appointment of the receiver may alter, refuse, or discontinue service to the receivership property if neither the receiver nor the debtor, within 30 days after the time of appointment, furnishes adequate assurance of payment, in the form of a cash deposit, letter of credit, certificate of deposit, surety bond, prepayment of utility consumption, or other security mutually agreed on between the utility and the receiver or the debtor, for service after such time. On motion by a party in interest and after notice and a hearing, the court may order reasonable modification of the amount or form of the adequate assurance of payment. (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.44 - Receivership financing.

§ 1-507.44. Receivership financing.
(a) Unsecured Financing. – Without necessity of a court order, the receiver may obtain unsecured credit and incur unsecured debt on behalf of the receivership.
(b) Secured Financing. – On motion by the receiver and after notice and a hearing, the court may authorize the receiver to obtain secured credit or incur secured indebtedness, and the court may authorize the receiver to mortgage, pledge, hypothecate, or otherwise encumber receivership property as security for the repayment of such indebtedness.
(c) Expenses of Receivership. – Any financing incurred by the receiver pursuant to this section shall be allowable as expenses of the receivership under G.S. 1-507.51(a)(2). (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.47 - Abandonment of property.

§ 1-507.47. Abandonment of property.
With court approval, the receiver may abandon any receivership property that is burdensome or is not of material value to the receivership. Property that is abandoned is no longer receivership property and not subject to the provisions of this Article. (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.48 - Liens against after-acquired property.

§ 1-507.48. Liens against after-acquired property.
Except as otherwise provided for by laws of this State, property that becomes receivership property after the time of appointment is subject to a lien to the same extent as it would have been in the absence of the receivership. (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.49 - Claims process.

§ 1-507.49. Claims process.
(a) Recommendation of Receiver. – In a general receivership, and in a limited receivership if the circumstances require, the receiver shall submit to the court a recommendation concerning a claims process appropriate to the particular receivership.
(b) Order Establishing Process. – In a general receivership and, if the court orders, in a limited receivership, the court shall establish the claims process to be followed in the receivership addressing whether proofs of claim must be submitted, the form of any proofs of claim, the place where the proofs of claim must be filed, the deadline or deadlines for filing the proofs of claim, and other matters bearing on the claims process.
(c) Alternative Procedures. – The court may authorize proofs of claim to be filed with the receiver rather than the court. The court may authorize the receiver to treat claims as allowed claims based on the amounts established in the books and records of the debtor or the schedule of claims filed pursuant to G.S. 1-507.32, without the necessity of the filing of proofs of claim. (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.50 - Objection to and allowance of claims.

§ 1-507.50. Objection to and allowance of claims.
(a) Objections and Allowance. – The receiver or any party in interest may file an objection to a claim stating the grounds for the objection. The court may order that a copy of the objection be served on the persons on the master service list at least 14 days prior to the hearing. Claims allowed by court order, and claims properly submitted or scheduled and not disallowed by the court, shall be allowed claims and shall be entitled to share in distributions of receivership property in accordance with the priorities provided by this Article or otherwise by law.
(b) Estimation of Claims. – For the purpose of allowance of claims, the court may estimate (i) any contingent or unliquidated claim, the fixing or liquidation of which would unduly delay the administration of the receivership or (ii) any right to payment arising from a right to an equitable remedy. (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.52 - Interest on unsecured claims.

§ 1-507.52. Interest on unsecured claims.
To the extent that funds are available to pay in full the allowed unsecured claims under G.S. 1-507.51(a)(7), the holder of each allowed unsecured claim shall also be entitled to receive interest, calculated from the time of appointment on the amount of its allowed unsecured claim at the legal rate set forth in G.S. 24-1. If there are not sufficient funds in the receivership to pay in full the interest owed to all the holders of allowed unsecured claims, then the interest shall be paid pro rata. (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.53 - Distributions.

§ 1-507.53. Distributions.
(a) Proposed Distributions. – Before any interim or final distribution is made, the receiver shall file a distribution schedule listing the proposed distributions. The distribution schedule may be filed at any time during the receivership or may be included in the final report.
(b) Notice. – The receiver shall give notice of the filing of the distribution schedule to all persons on the master mailing list or that have filed claims. If there is no objection within 30 days after the notice, the court may enter an order authorizing the receiver to make the distributions described in the distribution schedule without the necessity of a hearing.
(c) Other Distributions. – In the order appointing the receiver or in subsequent orders, the court may authorize distributions of receivership property to persons with ownership interests or liens. (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 38A - North Carolina Commercial Receivership Act. › § 1-507.54 - Effect of enforcement by secured party.

§ 1-507.54. Effect of enforcement by secured party.
A request by a secured party for the appointment of a receiver, the appointment of a receiver, or application by a secured party of receivership property to the secured obligation does not do any of the following:
(1) Make the secured party a mortgagee in possession of real property.
(2) Impose any duty on the secured party under G.S. 25-9-207.
(3) Make the secured party an agent or fiduciary of the debtor.
(4) Constitute an election of remedies that precludes a later action to enforce the secured obligation.
(5) Make the secured obligation unenforceable.
(6) Limit any right available to the secured party with respect to the secured obligation. (2020-75, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 39 - Deposit or Delivery of Money or Other Property. › § 1-508 - Ordered paid into court.

§ 1-508. Ordered paid into court.
When it is admitted by the pleading or examination of a party that he has in his possession or under his control any money or other thing capable of delivery, which, being the subject of the litigation, is held by him as trustee for another party, or which belongs or is due to another party, the judge may order it deposited in court, or delivered to such party with or without security, subject to the further direction of the judge. (C.C.P., s. 215; Code, s. 380; Rev., s. 850; C.S., s. 863.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 39 - Deposit or Delivery of Money or Other Property. › § 1-509 - Ordered seized by sheriff.

§ 1-509. Ordered seized by sheriff.
When, in the exercise of his authority, a judge has ordered the deposit, delivery or conveyance of money or other property, and the order is disobeyed, the judge, besides punishing the disobedience as for contempt, may make an order requiring the sheriff to take the money or property, and deposit, deliver, or convey it, in conformity with the direction of the judge. (C.C.P., s. 215; Code, s. 381; Rev., s. 851; C.S., s. 864.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 39 - Deposit or Delivery of Money or Other Property. › § 1-510 - Defendant ordered to satisfy admitted sum.

§ 1-510. Defendant ordered to satisfy admitted sum.
When the answer of the defendant expressly, or by not denying, admits part of the plaintiff's claim to be just, the judge, on motion, may order the defendant to satisfy that part of the claim, and may enforce the order as it enforces a judgment or provisional remedy. (C.C.P., s. 215; Code, s. 382; Rev., s. 852; C.S., s. 865.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-514 - Writs of scifaand quo warranto abolished.

§ 1-514. Writs of sci. fa. and quo warranto abolished.
The writs of scire facias and of quo warranto, and proceedings by information in the nature of quo warranto, are abolished; and the remedies obtainable in those forms may be obtained by civil actions under this Article. To the extent that rules of procedure are not provided for in this Article, the Rules of Civil Procedure shall apply. (R.C., c. 26, ss. 5, 25; C.C.P., s. 362; Code, s. 603; Rev., s. 286; C.S., s. 869; 1967, c. 954, s. 3.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-515 - Action by Attorney General.

§ 1-515. Action by Attorney General.
An action may be brought by the Attorney General in the name of the State, upon his own information or upon the complaint of a private party, against the party offending, in the following cases:
(1) When a person usurps, intrudes into, or unlawfully holds or exercises any public office, civil or military, or any franchise within this State, or any office in a corporation created by the authority of this State; or,
(2) When a public officer, civil or military, has done or suffered an act which, by law, makes a forfeiture of his office.
(3) When any person, natural or corporate, has or claims to have or hold any rights or franchises by reason of a grant or otherwise, in violation of the provisions of G.S. 146-39. (C.C.P., s. 366; Code, s. 607; Rev., s. 827; 1911, cc. 195, 201; C.S., s. 870; 1983, c. 768, s. 1.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-516 - Action by private person with leave.

§ 1-516. Action by private person with leave.
When application is made to the Attorney General by a private relator to bring such an action, he shall grant leave that it may be brought in the name of the State, upon the relation of such applicant, upon the applicant tendering to the Attorney General satisfactory security to indemnify the State against all costs and expenses which may accrue in consequence of the action. (1874-5, c. 76; 1881, c. 330; Code, s. 608; Rev., s. 828; C.S., s. 871.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-517 - Solvent sureties required.

§ 1-517. Solvent sureties required.
The Attorney General, before granting leave to a private relator to bring a suit to try the title to an office, may require two sureties to the bond required by law to be filed to indemnify the State against costs and expenses, and require such sureties to justify, and may require such proof and evidence of the solvency of the sureties as is satisfactory to him. (1901, c. 595, s. 2; Rev., s. 829; C.S., s. 872.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-518 - Leave withdrawn and action dismissed for insufficient bond.

§ 1-518. Leave withdrawn and action dismissed for insufficient bond.
When the Attorney General has granted leave to a private relator to bring an action in the name of the State to try the title to an office, and it afterwards is shown to the satisfaction of the Attorney General that the bond filed by the private relator is insufficient, or that the sureties are insolvent, the Attorney General may recall and revoke such leave, and upon a certificate of the withdrawal and revocation by the Attorney General to the clerk of the court of the county where the action is pending, it is the duty of the presiding judge, upon motion of the defendant, to dismiss the action. (1891, c. 595; Rev., s. 830; C.S., s. 873.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-519 - Arrest and bail of defendant usurping office.

§ 1-519. Arrest and bail of defendant usurping office.
When action is brought against a person for usurping an office, the Attorney General, in addition to the statement of the cause of action, may set forth in the complaint the name of the person rightfully entitled to the office, with a statement of his right thereto; and in such case, upon proof by affidavit that the defendant has received fees or emoluments belonging to and by means of his usurpation of the office, an order shall be granted by a judge of the superior court for the arrest of the defendant, and holding him to bail; and thereupon he shall be arrested and held to bail in the same manner, and with the same effect, and subject to the same rights and liabilities, as in other civil actions where the defendant is subject to arrest. (C.C.P., s. 369; 1883, c. 102; Code, s. 609; Rev., s. 831; C.S., s. 874.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-520 - Several claims tried in one action.

§ 1-520. Several claims tried in one action.
Where several persons claim to be entitled to the same office or franchise, one action may be brought against all of them, in order to try their respective rights to the office or franchise. (C.C.P., s. 374; Code, s. 614; Rev., s. 832; C.S., s. 875.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-521 - Trials expedited.

§ 1-521. Trials expedited.
All actions to try the title or right to any State, county or municipal office shall stand for trial at the next session of court after the summons and complaint have been served for 30 days, regardless of whether issues were joined more than 10 days before the session; and it is the duty of the judge to expedite the trial of these actions and to give them precedence over all others, civil or criminal. It is unlawful to appropriate any public funds to the payment of counsel fees in any such action. (1874-5, c. 173; Code, s. 616; 1901, c. 42; Rev., s. 833; C.S., s. 876; 1947, c. 781; 1971, c. 381, s. 12.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-522 - Time for bringing action.

§ 1-522. Time for bringing action.
All actions brought by a private relator, upon the leave of the Attorney General, to try the title to an office must be brought, and a copy of the complaint served on the defendant, within ninety days after his induction into the office to which the title is to be tried; and when it appears from the papers in the cause, or is otherwise shown to the satisfaction of the court, that the summons and complaint have not been served within ninety days, it is the duty of the judge upon motion of defendant to dismiss the action at any time before the trial, at the cost of the plaintiff. (1901, c. 519; 1903, c. 556; Rev., s. 834; C.S., s. 877.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-523 - Defendant's undertaking before answer.

§ 1-523. Defendant's undertaking before answer.
Before the defendant may answer or demur to the complaint he must execute and file in the superior court clerk's office of the county wherein the suit is pending, an undertaking, with good and sufficient surety, in the sum of two hundred dollars ($200.00), which may be increased from time to time in the discretion of the judge, to be void upon condition that the defendant pays to the plaintiff all such costs and damages, including damages for the loss of such fees and emoluments as may or ought to have come into the hands of the defendant, as the plaintiff may recover. (1895, c. 105; Rev., s. 835; C.S., s. 878.)
2023 North Carolina General Statutes › Chapter 1 - Civil Procedure › Article 41 - Quo Warranto. › § 1-524 - Possession of office not disturbed pending trial.

§ 1-524. Possession of office not disturbed pending trial.
(a) In any civil action pending in any of the courts of this State in which the title to an office is involved, the defendant being in the possession of the office and discharging the duties thereof shall continue therein pending the action, and no judge shall make a restraining order interfering with or enjoining such officer in the premises. The officer shall, notwithstanding any such order, continue to exercise the duties of the office pending the litigation, and receive the emoluments thereof.
(b) This section shall not apply to any person subject to Article 31B of Chapter 7A of the General Statutes. (1899, c. 33; Rev., s. 836; C.S., s. 879; 2007-104, s. 2.)