Legal Opinion
Callaway v. Cimarron Homeowners Ass'n (In re Roszkowski)
United States Bankruptcy Court, E.D. North Carolina
Decided July 9, 2013No. CASE NO. 12-06256-8-JRL; ADVERSARY PROCEEDING NO. 13-00010-8-JRLPublishedCited by 1 opinion
1Opinion of the Court
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 on June 10, 2013. At the conclusion of the hearing, the court took the matter under advisement.
BACKGROUND1
In August 2006, Christine Josephine Roszkowski…
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