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IN RE JOE DENNING & SONS FARMS

No. 5:11-CV-00164-D.

467 B.R. 369 (2012)

In re JOE DENNING & SONS FARMS, Bankruptcy Appeal from Order. Marjorie K. Lynch, Bankruptcy Administrator, Appellant, v. Joe Denning & Sons Farms, Appellee.

United States District Court, E.D. North Carolina, Western Division.

March 23, 2012.

Attorney(s) appearing for the Case

Brian Charles Behr , U.S. Bankruptcy Administrator's Office, Raleigh, NC, for Appellant.

Laurie B. Biggs , Stubbs & Perdue, P.A., Raleigh, NC, Trawick H. Stubbs, Jr. , Stubbs & Perdue, PA, New Bern, NC, for Appellee.

ORDER

JAMES C. DEVER, III, Chief Judge.

This case involves whether a third-party auctioneer is an "insider" of the debtor under 11 U.S.C. § 101(31). Third parties having a certain, statutorily defined relationship with a debtor are considered "statutory insiders" under section 101(31) and may not provide professional services to the debtor. Due to section 101(31)'s use of the word "includes," however, the definition of statutory insiders is not exclusive...

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