Legal Opinion

Houck v. Substitute Tr. Servs., Inc. (In re Houck)

United States Bankruptcy Court, W.D. North Carolina

Decided February 15, 2019No. Case No. 11-51513; Adversary Proceeding No. 15-5028PublishedCited by 4 opinions

1Opinion of the Court

Laura T. Beyer, United States Bankruptcy Judge

This order comes at a pivotal crossroad in a lengthy and complex lawsuit involving Diana Houck (the "Plaintiff") and a party involved in the foreclosure sale of her home on December 20, 2011, Substitute Trustee Services, Inc. ("STS" or the "Defendant"). Indeed, after over five years of litigation, one question remains for this court to decide: whether the actions and inactions of STS on the afternoon of December 20, 2011 violated the automatic stay as codified in 11 U.S.C. § 362 of the United States Bankruptcy Code (the "Bankruptcy Code" or the…

2Cases cited32 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  3. Trans World Airlines, Inc. v. ThurstonSupreme Court of the United States · 1985
  4. Rossignol v. VoorhaarCourt of Appeals for the Fourth Circuit · 2003
  5. Diana Houck v. Substitute Trustee ServicesCourt of Appeals for the Fourth Circuit · 2015

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3Cited by4 opinions

  1. Evex Ross FranklinUnited States Bankruptcy Court, M.D. North Carolina · 2020
  2. Houck v. Substitute Trustee Services, Inc.United States Bankruptcy Court, W.D. North Carolina · 2020
  3. In re: Howard L. HendersonUnited States Bankruptcy Court, E.D. New York · 2026
  4. Smith v. Race Engines Plus, LLCUnited States Bankruptcy Court, W.D. North Carolina · 2022

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