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MATTER OF BANISTER

No. 934, Docket 83-5031.

737 F.2d 225 (1984)

In the Matter of William K. BANISTER, Bankrupt. WACHOVIA BANK AND TRUST COMPANY, N.A., Plaintiff-Appellee, v. William K. BANISTER, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided June 13, 1984.

Attorney(s) appearing for the Case

Robert B. Shaad, Watertown, N.Y., for defendant-appellant.

Richard W. Cook, Syracuse, N.Y. (Bruce G. Soden, Thomas C. Buckel, Jr., Syracuse, N.Y., on the brief), for plaintiff-appellee.

Before KAUFMAN, NEWMAN, and PRATT, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

The principal issue on this appeal is whether a corporate officer who fails to disburse to a secured creditor proceeds from the sale of inventory in which the creditor has a secured interest incurs a debt that is non-dischargeable in the personal bankruptcy of the officer. Defendant-appellant William K. Banister appeals from a judgment of the District Court for the Northern District of New York (Howard G. Munson, Chief Judge) affirming...

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