Legal Opinion

Diana Houck v. Substitute Trustee Services

Court of Appeals for the Fourth Circuit

Decided July 1, 2015No. 13-2326PublishedCited by 631 opinions

1Opinion of the Court

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

NIEMEYER, Circuit Judge:

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 Services, Inc. (the “Substitute Trustee”), concluding that Houck failed to allege facts that plausibly supported…

2Cases cited28 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. Stern v. MarshallSupreme Court of the United States · 2011
  5. Francis v. GiacomelliCourt of Appeals for the Fourth Circuit · 2009

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3Cited by631 opinions

  1. Michael Woods v. City of GreensboroCourt of Appeals for the Fourth Circuit · 2017
  2. Dustin Williamson v. Bryan StirlingCourt of Appeals for the Fourth Circuit · 2018
  3. SD3, LLC v. Black & Decker (U.S.) Inc.Court of Appeals for the Fourth Circuit · 2015
  4. Jesus Christ is the Answer Ministries, Inc. v. Balt. Cnty.Court of Appeals for the Fourth Circuit · 2019
  5. Brennan v. Deluxe Corp.District Court, D. Maryland · 2019

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