Marshall v. Tauscher (In Re Tauscher)

MEMORANDUM DECISION AND ORDER

D. E. IHLENFELDT, Bankruptcy Judge.

The plaintiff, Secretary of Labor of the United States, has assessed civil money penalties in the amount of $3100 against the defendant debtor, Gerald Joseph Tauscher, for child labor violations of § 16(e) of the Fair Labor Standards Act of 1938,29 U.S.C. 201, et seq. Plaintiff now seeks a determination that these penalties are nondis-chargeable pursuant to § 523(a)(7) of the Bankruptcy Code, and that further enforcement proceedings are within the exception provided by § 362(b)(4) to the automatic stay provisions of § 362(a). 1

Pri…