§ 23-30.1. Provisional release. - North Carolina Statutes

§ 23‑30.1.  Provisionalrelease.

Every person who has filed apetition under the provisions of G.S. 23‑30 shall be brought before ajudge within 72 hours after filing the petition and shall be provisionallyreleased from imprisonment unless a hearing shall be held and the creditorshall establish that the prisoner has fraudulently concealed assets. If, at thetime 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 bythe Office of Indigent Defense Services. A provisional release under thissection shall not constitute a discharge of the debtor, and the creditor mayoppose the discharge by suggesting fraud even if he has unsuccessfullyattempted to oppose the provisional release on the basis of fraudulentconcealment. The debtor may be provisionally released even though actualservice upon the creditor has not been accomplished if 72 hours has passedsince the debtor delivered the notice to the sheriff for service upon thecreditor. (1977,c. 649, s. 5; 2000‑144, s. 32; 2001‑487, s. 13.)