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Mechanic's lien and bond rights in bankruptcy preference cases.(credit column)
Can a paid construction supplier or subcontractor be worse off under the Bankruptcy Code than if unpaid? If a construction material supplier could enforce mechanic's lien or bond rights to successfully obtain payment after a bankruptcy petition, could receipt of the same payment prepetition be an avoidable preference? The United States District Court for the Eastern District of North Carolina is faced with these questions in at least two cases at the moment.
This District Court ruled in 1996 in Precision Walls, Inc. v. Crampton that a creditor would have to return an alleged preferential payment, unless it had actually perfected the mechanic's lien (filed in the ...
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...Judge Terrance W. Boyle of U.S. District Court for the Eastern District of North Carolina denied the application of Burlington...attack or contest the validity of the North Carolina Shareholder Protection Act. /CONTACT...
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- News wire article from: US Fed News Service, Including US State News August 25, 2009 700+ words
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...agreement filed at the U.S. District Court for North Carolina's Eastern District. Garrett...illegal gambling in Eastern North Carolina, prosecutors said. He...illegal gambling in Eastern North Carolina. About a dozen other people...
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- Newspaper article from: Knight Ridder/Tribune Business News April 11, 2002 700+ words
...organization. That's because North Carolina has more legal hurdles than...shipped to a customer in North Carolina. But in a decision this week in the U.S. District Court for Western North Carolina, federal judge Graham C...
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- Magazine article from: National Underwriter Property & Casualty-Risk & Benefits Management Knowles, Robert G. May 27, 1991 700+ words
...insurance company examiner of the North Carolina Insurance Department following...president, who also was once the North Carolina Department's chief examiner...grand jury for the Federal District Court for Eastern North Carolina, in Raleigh, and a state...
