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Bankr. WDNC: Ray- Definition of Family for NCGS 1-362‏

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By Ed Boltz, 7 November, 2011
In determining if the 60-day wages of the debtor were exempt, the Court determined that the Debtor's fiance and her son were part of his "family". “North Carolina courts understand the word ‘family’ to imply that the debtor has other dependents who rely on the debtor for support.” The use of the word 'dependent' here implies an actual situation of dependency, rather than a potential legal dependency. Since the Debtor's fiance and her son actually were supported by the Debtor, this exemption was allowed. Nice job by Shane both in winning this case and also in pestering me in the middle of the night to post his case decided in January, while I'm still struggling to get through September opinions. We both should be asleep. Ray Case Bankruptcy Court western District NC.PDF

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