North Carolina § 1C-1604 - Effect of exemption.

§ 1C-1604. Effect of exemption.

Property allocated to the debtor as exempt is free of the enforcement of the claims of creditors for indebtedness incurred before or after the exempt property is set aside, other than claims exempted by G.S. 1C-1601(e), for so long as the debtor owns it. When the property is conveyed to another, the exemption ceases as to liens attaching prior to the conveyance. Creation of a security interest in the property does not constitute a conveyance within the meaning of this section, but a transfer in satisfaction of, or for the enforcement of, a security interest is a conveyance. When exempt property is conveyed, the debtor may have other exemptions allotted. The statute of limitations on judgments is suspended for the period of exemption as to the property which is exempt. However, the statute of limitations is not suspended as to the exempt property unless the judgment creditor shall have, prior to the expiration of the statute of limitations, recorded a copy of the order designating exempt property in the office of the register of deeds in the county where the exempt real property is located. Exempt property which passes by devise, intestate succession or gift to a dependent spouse, child or person to whom the debtor stands in loco parentis, continues to be exempt while held by that person. The exemption is terminated if the spouse remarries, or, with regard to a dependent, when the court determinates that dependency no longer exists. History (1981, c. 490, s. 1; 1991, c. 607, s. 2; 2011-284, s. 6.) Effect of Amendments. - Session Laws 2011-284, s. 6, effective June 24, 2011, deleted "bequest" following "passes by" in the first sentence of subsection (b). Legal Periodicals. - For article analyzing North Carolina's exemptions law, see 18 Wake Forest L. Rev. 1025 (1982).