Christopher Gifford and Shana Gifford owned real property as tenants by the entireties. On April 1, 2019, they separated and Christopher filed a complaint for Equitable Distribution. While that was still pending, on August 7, 2020, Christopher filed a Chapter 7, claiming the real property as exempt as tenancy by the entireties.
The bankruptcy court allowed Y2 Yoga to file a claim for post-petition attorneys fees pursuant to N.C.G.S. § 6-21.6(f). When that amount exceed the judgment amount upon which the claim was based, VR King objected that such was prohibted as the award of reasonable attorney’s fees may not exceed the amount in controversy.
Mr. Rouse filed a Chapter 12 bankruptcy in November 2017, with a plan negotiated with his creditors, including Nutrien, being confirmed on May 23, 2017, with general unsecured creditors to receive $50,687.
Prior to filing bankruptcy, Ms. Butler filed a charge with the EEOC alleging that she was subjected to sexual harassment and then wrongfully terminated by Home Depot. A settlement was reached with required Home Depot to pay the total sum of $15,000 to Ms. Butler, with $7,500 of such funds directed “as payment for claims for lost wages” and the remaining $7,500 devoted “as payment for ... non-wage claims (including claims of emotional distress).”
There is often an assertion that there is no legislative history for North Carolina exemptions. And while there certainly could have been substantially more, both in terms of quantity and quality, after both Kelly Newcomb and I separately spent many hours at the North Carolina Legislative Library scrolling through reels of microfiche, we wanted to make those results available to the North Carolina bench and bar.
