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IN RE ROSZKOWSKI

CASE NO. 12-06256-8-JRL ADVERSARY PROCEEDING NO. 13-00010-8-JRL.

494 B.R. 671 (2013)

IN RE: Christine Josephine ROSZKOWSKI, Debtor. Joseph N. Callaway, Chapter 7 Trustee, Plaintiff, v. Cimarron Homeowners Association, Inc., Defendant.

United States Bankruptcy Court, E.D. North Carolina RALEIGH DIVISION.

July 9, 2013.

Attorney(s) appearing for the Case

J.M. Cook , Attorney at Law, 5886 Faringdon Place, Suite 100, Raleigh, NC 27609, 919 675-2411, J.M.Cook@ jmcookesq.com, Assigned: 11/06/2012, TERMINATED: 06/07/2013, LEAD ATORNEY, representing Christine Josephine Roszkowski, 919-453-7630, roszkowski [email protected], (Debtor), PRO SE.

Nelson G. Harris , Harris & Hilton, P.A., 7320 Six Forks Road, Ste. 100, Raleigh, NC 27615, [email protected], Assigned: 02/13/2013, LEAD ATTORNEY, representing Cimarron Homeowners Association, Inc., Attn: Erin F. Dunnuck, Esq., Registered Agent, Post Office Box 2156, Asheville, NC 28801, (Defendant).

Paula M. Shearon , Battle, Winslow, Scott & Wiley, PA, PO Box 7100, Rocky Mount, NC 27804-0100, 252 937-2200, 252 451-6836 (fax), [email protected], Assigned: 01/18/2013, representing Joseph N Callaway, Trustee, Battle, Winslow, Scott & Wiley, PA, PO Box 7100, Rocky Mount, NC 27804, 252 937-2200, (Plaintiff).

CHAPTER 7

ORDER

J. Rich Leonard, United States Bankruptcy Judge

This matter came before the court on Cimarron Homeowners Association, Inc.'s ("defendant") motion to dismiss the complaint filed by Joseph N. Callaway ("chapter 7 trustee") in the above-captioned adversary proceeding on the grounds that it fails to state a claim upon which relief may be granted pursuant to Fed.R.Civ.P. 12(b)(6). A hearing was held in Raleigh, North Carolina...

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