North Carolina Business Litigation Report

Maloney v. Alliance Development Group, LLC, 2006 NCBC 11 (N.C. Super. Ct. Sept. 18, 2006)(Diaz)

The Court denied a motion for a preliminary injuction and for appointment of a receiver, where the plaintiff claimed that transfers would be in violation of the Uniform Fraudulent Transfers Act. The Court determined that plaintiff was not a creditor and therefore could not obtain an injunction under the UFTA.  Plaintiff's alleged equity interest did not entitle him to the rights of a creditor.  The Court furthermore found no evidence of a fraudulent transfer. 

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Mack Sperling
Brooks Pierce, LLP
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