No. 23-785

PHH Mortgage Corporation v. Mark Anthony Guthrie

Lower Court: Fourth Circuit
Docketed: 2024-01-22
Status: Denied
Type: Paid
Amici (4) Experienced Counsel
Tags: bankruptcy-code bankruptcy-court civil-contempt debt-collection discharge-injunction federal-preemption preemption state-law-claims uniform-federal-law
Key Terms:
ClassAction
Latest Conference: 2024-04-26
Question Presented (AI Summary)

Whether the Bankruptcy Code preempts state-law claims premised on alleged efforts to collect a debt in violation of the bankruptcy court's discharge injunction

Question Presented (OCR Extract)

QUESTION PRESENTED When a debt is discharged in bankruptcy, the bankruptcy court issues a discharge order that “operates as an injunction against” efforts by a creditor to collect that debt. 11 U.S.C. § 524(a)(2)-(3). The bankruptcy court enforces its discharge injunction using the contempt power. And this Court has held that there can be no civil contempt of a discharge injunction where there is a “fair ground of doubt as to whether the creditor’s conduct might be lawful under the discharge order.” Taggart v. Lorenzen, 139 8. Ct. 1795, 1801, 1804 (2019). Three circuits have long held that the Code preempts state-law claims premised on alleged collection efforts by a creditor in violation of the discharge injunction, given bankruptcy’s uniquely federal character, its insistence upon uniformity, and the bankruptcy court’s authority to remedy any violations of its own orders through contempt. In the decision below, the Fourth Circuit broke from that consensus and held that such state-law claims are not preempted, even when they would impose liability without regard to the “fair ground of doubt” standard and award relief not available in the bankruptcy court. The question presented is as follows: Whether the Bankruptcy Code preempts state-law claims premised on alleged efforts to collect a debt in violation of the bankruptcy court’s discharge injunction. i

Docket Entries

2024-04-29
Petition DENIED.
2024-04-10
DISTRIBUTED for Conference of 4/26/2024.
2024-04-09
2024-03-21
2024-02-22
Motion to extend the time to file a response is granted and the time is extended to and including March 22, 2024.
2024-02-21
2024-02-21
Brief amici curiae of The Mortgage Bankers Association, et al. filed.
2024-02-21
2024-02-21
2024-02-20
Motion to extend the time to file a response from February 21, 2024 to March 22, 2024, submitted to The Clerk.
2024-01-17
Petition for a writ of certiorari filed. (Response due February 21, 2024)
2023-12-07
Application (23A518) granted by The Chief Justice extending the time to file until January 17, 2024.
2023-12-05
Application (23A518) to extend the time to file a petition for a writ of certiorari from December 17, 2023 to January 17, 2024, submitted to The Chief Justice.

Attorneys

ACA International
Leah Conway DempseyBrownstein Hyatt Farber and Schreck, LLP, Amicus
Leah Conway DempseyBrownstein Hyatt Farber and Schreck, LLP, Amicus
DRI Center for Law and Public Policy
Mary MassaronPlunkett & Cooney, P.C., Amicus
Mary MassaronPlunkett & Cooney, P.C., Amicus
Mark Anthony Guthrie
Matthew W. BuckmillerBuckmiller, Boyette & Frost, PLLC, Respondent
Matthew W. BuckmillerBuckmiller, Boyette & Frost, PLLC, Respondent
National Creditors Bar Association
Michael S. TruesdaleBarron & Newburger, P.C., Amicus
Michael S. TruesdaleBarron & Newburger, P.C., Amicus
PHH Mortgage Corporation
William McGinley JayGoodwin Procter, LLP, Petitioner
William McGinley JayGoodwin Procter, LLP, Petitioner
The Mortgage Bankers Association, the Chamber of Commerce of the United States of America, the American Bankers Association, USFN–America’s Mortgage Banking Attorneys, the American Financial Services Association, and the Bank Policy Institute
Elaine Janet GoldenbergMunger, Tolles & Olson LLP, Amicus
Elaine Janet GoldenbergMunger, Tolles & Olson LLP, Amicus