Whitley v. Scism

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “the activities that are specifically prohibited [by section 362(a) ] all involve attempts to confiscate the debtor’s property or require the debtor to act affirmatively to protect its interests”
• “the infliction by the government of a stigma on one’s reputation, without more, does not infringe upon a liberty interest protected by the Constitution’s due process safeguards.”
• postpetition presentment of negotiable instrument received prepetition, involving no coercion or harassment
• “a time-honored tenet of statutory construction directs that a court called upon to apply an ambiguous penal statute should not construe it in favor of sanctions, but strictly in favor of lenity”
• defamatory remarks made about tax lawyer by IRS to lawyer’s clients did not implicate liberty interest because they did not foreclose lawyer from practicing law, although they may have made him less attractive to clients
• New York law allows restitution for mistake of law or fact

Source: CourtListener parenthetical corpus (CC0).