Case Summaries

Bankruptcy Law

[07/22] In Re: Repine
Judgment against attorney for attempting to collect fees from debtor in violation of a stay imposed by a bankruptcy court is affirmed in part and vacated in part where: 1) attorney willfully violated the stay in attempting to collect her fees; 2) attorney's refusal to consent to an agreed order to allow debtor to be released from civil incarceration caused debtor actual harm; 3) damages awarded to debtor for lost wages were appropriate; 4) debtor failed to set forth specific information regarding emotional damages; and 5) awarding attorney's fees to debtor was proper.

[07/22] Bondi v. Capital & Fin. Asset Mgmt. S.A.
Denial of motion by debtor in foreign bankruptcy proceedings to enjoin actions brought against it in the United States is affirmed where the district court acted within its sound discretion in interpreting 11 U.S.C. section 304(c)'s instruction to assure an economical and expeditious administration of a foreign estate.

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Banking Law

[07/21] US v. Brantley
An above-Guidelines sentence and fine for check counterfeiting and bank fraud is affirmed as reasonable where a sentencing court: 1) may rely upon factors already incorporated by the Guidelines to support a non-Guidelines sentence; and 2) need not make specific findings regarding a defendant's ability to pay a fine recommended by a presentence report.

[07/18] US v. Godin
To obtain a conviction for aggravated identity theft under 18 U.S.C. section 1028A(a)(1), the government must prove that the defendant knew that the means of identification transferred, possessed, or used during the commission of an enumerated felony belonged to another person.

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