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Center Seeks Clarification on Bankruptcy Code Preemption, Protection of Uniform Principles

  • Published March 14, 2024
Mary MassaronJosephine DeLorenzo

Brief authors Mary Massaron and Josephine DeLorenzo of Plunkett Cooney.

On February 21, 2024, the DRI Center for Law and Public Policy (the Center) filed an amicus brief in the United States Supreme Court in PHH Mortgage Corporation v. Mark Anthony Guthrie in support of PHH, the petitioner. DRI’s amicus brief was written by Mary Massaron, a former DRI President, and DRI member Josephine DeLorenzo—both partners of Plunkett Cooney, Bloomfield Hills, Michigan.

The issue in the case is whether the Bankruptcy Code, 11 U.S.C. § 501, et seq., preempts state-law claims arising out of efforts to collect debts in violation of a bankruptcy court’s discharge order under § 524(a)(2)–(3). The Fourth Circuit held that such efforts are not preempted. The Center’s brief urges the Court to grant certiorari and reverse the Fourth Circuit’s decision.

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