United States Fourth Circuit

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Houck v. Substitute Trustee Services, Inc., 13-2326

In an action under 11 U.S.C. section 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's grant of defendant's motion to dismiss is reversed where allege facts that plausibly supported her allegation that the violation of the automatic stay was willful, a necessary element of a section 362(k) claim.

Appellate Information

  • Decided 07/01/2015
  • Published 07/01/2015

Judges

  • NIEMEYER

Court

  • United States Fourth Circuit

Counsel