VAN DYN HOVEN v. BANK OF KAUKAUNA

No. 12-C-0076.

470 B.R. 822 (2012)

Richard W. VAN DYN HOVEN, Appellant, v. BANK OF KAUKAUNA, Appellee.

United States District Court, E.D. Wisconsin.

May 11, 2012.


Attorney(s) appearing for the Case

Paul G. Swanson , Steinhilber Swanson Mares Marone & McDermott, Oshkosh, WI, for Appellant.

Steven J. Cerasoli , McCarty Law LLP, Appleton, WI, for Appellee.


DECISION AND ORDER

WILLIAM C. GRIESBACH, District Judge.

This bankruptcy appeal raises the issue of whether that portion of the debt incurred by a business over a seven-month period when its bank covered overdrafts for payment of payroll taxes is excepted from the discharge of the owner of the business pursuant to 11 U.S.C. § 523(a)(14) and (14A). The bankruptcy court held that it was and granted summary judgment in favor of the creditor bank. For the...

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