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" ... Not being a party to the operating agreements, Peach REO was not bound to their terms, including the choice-of-law provisions. Very simply, an agreement between two parties cannot bind a third-party unless the third-party agrees to be bound. The Court's holding that Peach REO was somehow bound to the choice-of-law clauses in the various LLC operating agreements is absurd, and runs squarely against centuries of well-established contract law. Hopefully, any other courts that consider this order will throw that obiter dicta (superfluous language in an opinion) into the nearest electronic trash bin. ... "
" ... Since the Trustee was not a party to the case, no fraudulent transfer judgment could be entered against the Trustee on any grounds, and the rest of Magistrate's reasoning amounts to little more than obiter dicta (translated roughly here as "unnecessary musings of the Court not essential to the decision"). Thus, BB&T's case to set aside Bellinger's transfers to his Trust ultimately died for the same reason that BB&T failed to prove contempt against Bellinger, i.e., stunning incompetence in asserting its claims. ... "