Nohr v. Jang et al

Filing 7

ORDER scheduling hearing to determine any exemptions claimed by the Defendant/Judgment Debtor and to determine the value of such exemptions. This hearing is scheduled for June 06, 2017 at 11:00 am in Courtroom #2, U. S. Courthouse Bldg. before Magistrate Judge Dennis Howell.Signed by Magistrate Judge Dennis Howell on 05/16/17. (Pro se litigant served by US Mail.)(emw)

IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:17 mc 02

JASON L. NOHR, Receiver for MSC
HOLDINGS USA, LLC, MSC HOLDINGS,
INC., and MSC GA HOLDINGS, LLC,
Plaintiffs
v
CORINNA JANG, et. al.,
Defendants.

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ORDER

THIS MATTER is before the undersigned pursuant to Notice to Claim
Exempt Property (#5) filed by Defendant/Judgment Debtor, Christine F. Perry and
the Receiver’s Response and Objections made by the Plaintiff/Judgment Creditor to
Debtor’s Notice to Claim Exempt Property (#6). It appears pursuant to N.C.G.S. §
1C-1603(e), that the undersigned must now conduct a hearing to determine whether
or not the Defendant/Judgment Debtor is entitled to the exemptions requested and to
determine the value of any property that may be exempt. As a result, the undersigned
will schedule a hearing in regard to this matter.
At the hearing, the burden of proof in this matter will be upon the
Defendant/Judgment Debtor to establish her right to exemptions.

The

Defendant/Judgment Debtor should be prepared to present testimony, either through
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herself or through such witnesses, that she may wish to call.

The

Defendant/Judgment Debtor should be prepared to present as evidence, either
original or certified copies of deeds, vehicle title, and such other documentation, as
will support her claim for exemptions in this matter. Defendant/Judgment Debtor
should also be prepared to present evidence, including testimony, either through
herself or other witnesses, concerning the value of the property that she claims to be
exempt. Further, the Defendant/Judgment Debtor should be prepared to present
evidence of her actual place of residence.
On the other hand, the Plaintiff/Judgment Creditor should be prepared to
present evidence through witnesses and other testimony that would establish and
support the Plaintiff/Judgment Creditor’s objections to the Defendant/Judgment
Debtor’s claim to property as exempt, including originals or certified copies of deeds
and testimony concerning the value of the property claimed as exemptions to which
the Plaintiff/Judgment Creditor objects.
ORDER
IT IS, THEREFORE, ORDERED that the undersigned shall conduct a
hearing as provided by N.C.G.S. § 1C-1603(e) to determine any exemptions claimed
by the Defendant/Judgment Debtor and to determine the value of such exemptions.
The hearing shall take place in Courtroom #2 of the United States Courthouse in

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Asheville, NC on June 6, 2017 at 11:00 a.m.

Both the attorney for the

Plaintiff/Judgment Creditor is given notice of his opportunity to appear at the hearing
and the Defendant/Judgment Debtor is hereby given notice of her opportunity to
appear at this hearing. Failure to appear could result in a decision in favor of the
adverse party.

Signed: May 16, 2017

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