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Corporate – LLC Manager – Landlord/Tenant – Commercial Lease (access required)

Rev O, Inc. v. Woo Where (1) the plaintiff-tenant terminated its lease with Downtown Properties LLC in May 2007, (2) Downtown Properties sold its real estate in September 2007, and (3) the tenant filed suit against Downtown Properties in August 2008 and obtained a default judgment in October 2008, the tenant has not shown that Downtown Properties owed it a debt at the time Downtown Properties liquidated its assets. There is no evidence in the record that the tenant informed Downtown Properties or the defendant-manager of its claim prior to the sale of Downtown Properties’ assets and the distribution of the sale proceeds to its member. The tenant has failed to show that the sale and distribution violated G.S. § 57C-4-06.

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