Huff v. Gallagher (In re Huff)

ORDER DENYING PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Stephani W. Humrickhouse, United States Bankruptcy Judge

In this adversary proceeding, the plaintiff debtors, William Anthony Huff and Barbie Angelic Huff (the “Huffs”), seek an order disallowing the secured claim and avoiding the deed of trust held by Bernard Gallagher and Patti Ann Gallagher (the “Gallaghers”) under § 506(d) of the Bankruptcy Code (the “objection/avoidance claim”). The Huffs also assert a claim for relief under the North Carolina Debt Collection Act (the “NCDCA”), N.C.…