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BECKHART v. NEWREZ LLC

No. 21-1838.

31 F.4th 274 (2022)

Gordon Haggott BECKHART, Jr.; Stella Marie Beckhart, Debtors-Appellants, v. NEWREZ LLC, d/b/a Shellpoint Mortgage Servicing; The Bank of New York Mellon, f/k/a The Bank of New York as Trustee for Certificate Holders of CWMBS, Inc. CHL Pass-Through Trust 2004-29, Mortgage Pass-Through Certificates, Series 2004-9, Creditors-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: April 15, 2022.

Attorney(s) appearing for the Case

ARGUED: Ciara Louise Rogers , LAW OFFICES OF OLIVER & CHEEK, PLLC, New Bern, North Carolina, for Appellants. Richard Aaron Chastain , BRADLEY ARANT BOULT CUMMINGS LLP, Birmingham, Alabama, for Appellees. ON BRIEF: Brian M. Rowlson , BRADLEY ARANT BOULT CUMMINGS LLP, Charlotte, North Carolina, for Appellees.

Vacated and remanded with instructions by published opinion. Judge Heytens wrote the opinion, in which Judge Agee and Judge Rushing joined.

In Taggart v. Lorenzen, the Supreme Court addressed the proper standard for "hold[ing] a creditor in civil contempt for attempting to collect a debt that a discharge order" entered under Chapter 7 of the Bankruptcy Code "has immunized from collection." ___ U.S. ___, 139 S.Ct. 1795, 1799, 204 L.Ed.2d 129 (2019...

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