23-30.1. Provisional release.
Every person who has filed a petition under the provisions of G.S. 23-30 shall be brought before a judge within 72 hours after filing the petition and shall be provisionally released from imprisonment unless a hearing shall be held and the creditor shall establish that the prisoner has fraudulently concealed assets. If, at the time he is brought before a judge, the prisoner makes a showing of indigency, counsel shall be appointed for the prisoner in accordance with rules adopted by the Office of Indigent Defense Services. A provisional release under this section shall not constitute a discharge of the debtor, and the creditor may oppose the discharge by suggesting fraud even if he has unsuccessfully attempted to oppose the provisional release on the basis of fraudulent concealment. The debtor may be provisionally released even though actual service upon the creditor has not been accomplished if 72 hours has passed since the debtor delivered the notice to the sheriff for service upon the creditor. (1977, c. 649, s. 5; 2000-144, s. 32; 2001-487, s. 13.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 23 - Debtor and Creditor
Article 4 - Discharge of Insolvent Debtors.
§ 23-23 - Insolvent debtor's oath.
§ 23-24 - Persons imprisoned for nonpayment of costs in criminal cases.
§ 23-25 - Petition; before whom; notice; service.
§ 23-26 - Warrant issued for prisoner.
§ 23-27 - Proceeding on application.
§ 23-28 - Suggestion of fraud.
§ 23-29 - Persons taken in arrest and bail proceedings, or in execution.
§ 23-30 - When petition may be filed.
§ 23-30.1 - Provisional release.
§ 23-31 - Petition; contents; verification.
§ 23-32 - Notice; length of notice and to whom given.
§ 23-33 - Who may suggest fraud.
§ 23-34 - Where no suggestion of fraud, discharge granted.
§ 23-35 - Continuance granted for cause.
§ 23-36 - Where fraud in issue, discharge only after trial.