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By Ed Boltz, 11 November, 2011

Bankr. WDNC: Stonebridge v NVR- Liquidated Damages Clauses; Third-Party Indemnification

Summary: In a dispute regarding a failed real estate development, Stonebridge asserted a breach of contract claim.  In response, NVR argued that a liquidated damages provision limited its liability for damages.  The Bankruptcy Court found that Stonebridge could not complain that a negotiated liquidated damages provision was insufficient or invalid.  The Bankruptcy Court also rejected the assertion by Stonebridge that NVR was required to indemnify economic damages, finding that the contract between the parties required indemnification of "damage to property and
By Ed Boltz, 7 November, 2011

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

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.

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