§ 58-30-155. Claims of holders of void or voidable rights. - North Carolina Statutes

§58‑30‑155.  Claims of holders of void or voidable rights.

(a)        No claims of acreditor who has received or acquired a preference, lien, conveyance, transfer,assignment, or encumbrance voidable under this Article shall be allowed unlesshe surrenders the preference, lien, conveyance, transfer, assignment orencumbrance.  If the avoidance is effected by a proceeding in which a finaljudgment has been entered, the claim shall not be allowed unless the money ispaid or the property is delivered to the liquidator within 30 days from thedate of the entering of the final judgment; except that the Court havingjurisdiction over the liquidation may allow further time if there is an appealor other continuation of the proceeding.

(b)        A claim allowableunder subsection (a) of this section by reason of the avoidance, whethervoluntary or involuntary, of a preference, lien, conveyance, transfer,assignment, or encumbrance, may be filed as an excused late filing under G.S.58‑30‑185 if filed within 30 days from the date of the avoidance,or within the further time allowed by the Court under subsection (a) of thissection. (1989, c. 452, s. 1.)