United States v. Marino (In Re Marino)

ORDER

PRESNELL, District Judge.

This cause comes for the Court’s consideration on the Appeal of the United States (Doc. 7), and Appellee’s Answer Brief (Doc. 9).

I. Background 1

In its Order of February 12, 2004, the Bankruptcy Court found the following facts, which the parties do not dispute.

In 1995, Daniel Myers asked James Kunkle, son of Debtor Ellen Marino, 2 to incorporate SUSA/U.S. Financial, Inc. (“SUSA”), a licensed correspondence mortgage lender. Myers could not serve as an officer of the corporation due to past credit problems. In late 1996 or early 1997, Myers asked Marino to become…