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HOUCK v. SUBSTITUTE TRUSTEE SERVICES, INC.

No. 13-2326.

791 F.3d 473 (2015)

Diana Louise HOUCK; Steven G. Tate, Plaintiffs-Appellants, v. SUBSTITUTE TRUSTEE SERVICES, INC., Defendant-Appellee, and Lifestore Bank; Grid Financial Services, Inc., Defendants. Paula Steinhilber Beran, Court-Assigned Amicus Counsel.

United States Court of Appeals, Fourth Circuit.

Decided: July 1, 2015.

Attorney(s) appearing for the Case

M. Shane Perry , Collum & Perry, Mooresville, North Carolina, for Appellants. Jeffrey Allen Bunda , Hutchens Law Firm, Charlotte, North Carolina, for Appellee. Paula Steinhilber Beran , Tavenner & Beran, PLC, Richmond, Virginia, as Court-Assigned Amicus Counsel.

Vacated, reversed in part, and remanded by published opinion. Judge NIEMEYER wrote the opinion, in which Judge DIAZ and Judge FLOYD joined.

Diana Houck commenced this action under 11 U.S.C. § 362(k), alleging that the defendants foreclosed on and sold her homestead in violation of the automatic stay triggered by her filing of a Chapter 13 bankruptcy petition. The district court granted the motion to dismiss filed by one of the defendants, Substitute Trustee...

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