Middle District of North Carolina
Published on Middle District of North Carolina (https://www.ncmb.uscourts.gov)

Home > Printer-friendly > In re Currin (Case No. 13-51419)

The Court overruled the Debtor's objection to claim. The Debtor executed a Confession of Judgment in favor of the Creditor, but the Confession of Judgment was not recorded pre-petition. While failure to record the Confession of Judgment rendered it unenforceable as a judgment under North Carolina law, the Creditor was still entitled to assert a general unsecured claim against the bankruptcy estate by filing a proof of claim to determine the Debtor's liability. The fact that the Confession of Judgment was not recorded does not affect the amount of the liability confessed therein.

File: 
PDF icon Currin Order Amended.pdf [1]
Judge: 
Lena M. James [2]
Date: 
Tuesday, July 15, 2014
Published: 
No
Index Heading: 
Claims

Source URL:https://www.ncmb.uscourts.gov/content/re-currin-case-no-13-51419

Links
[1] https://www.ncmb.uscourts.gov/sites/default/files/opinions/Currin%20Order%20Amended.pdf [2] https://www.ncmb.uscourts.gov/content/lena-m-james