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The Longphres loaned KT Financial $330,000 by two separate promissory notes with 30% interest and specified “[a]ll accrued interest and unpaid principal” was due one year after the notes were executed. The notes also allowed the Longphres to collect attorney's fees pursuant to N.C.G.S. § 6-21.2 if KT Financial defaulted.
Surprise twist- KT Financial defaulted.
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Following the appointment of a Receiver under the North Carolina Commercial Receivership Act, N.C.G.S. § 507.20 et seq., to conduct an orderly liquidation process of Mafic, the Receiver objected to several proofs of claims. The North Carolina Business Court turned to Bankruptcy Code for guidance regarding the burden of proof necessary to determine the reasonableness or validity of a claim accepted or rejected by a Receiver.
Summary:
Paul and Anita Richardson purchased a 1.26 acre tract of land ("main property") from Old Fort Golf Course in 1962 and then in 1978 purchase two adjacent parcels consisting of 0.181 acres and 0.009 acres ("adjacent properties"). All three parcels had the same mailing address and tax parcel identification number.
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