American Bank Center v. Barker

Filing 14

ORDER Designating Exempt Property re 6 Debtors Notice of Right to have Exemptions Designated. Signed by Clerk, Frank G. Johns on 11/19/2018. (thh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA AMERICAN BANK CENTER, Plaintiff, v. STEPHEN BARKER, Defendant. ) ) ) ) ) ) ) 3:18mc103-MOC-DCK ORDER DESIGNATING EXEMPT PROPERTY At issue in this miscellaneous civil matter is Defendant Stephen Barker’s Notice to Claim Exempt Property (Statutory Exemptions) (Doc. 6). Plaintiff American Bank Center has not filed any objections to Defendant’s Notice to Claim Exempt Property pursuant to N.C. Gen. Stat. § 1C1603(e)(5) (providing that “[t]he judgment creditor has 10 days from the date served with a motion and schedule of assets . . . to file an objection to the judgment debtor’s schedule of exemptions”). Accordingly, for good cause, and without any objection from Plaintiff American Bank Center, it is hereby ORDERED that Defendant Stephen Barker’s requested statutory exemptions are GRANTED, within the limits set forth in his Notice to Claim Exempt Property (Doc. 6) and as allowed by state law pursuant to § 1C-1601 of the North Carolina General Statutes. See N.C. Gen. Stat. § 1C-1603(e)(6) (providing that “[i]f the judgment creditor files no objection to the schedule filed by the judgment debtor . . . the clerk must enter an order designating the property allowed by law and scheduled by the judgment debtor as exempt property”). Signed: November 19, 2018

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