In Re Marshalek

How courts have described this case

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

• stating that “volition is essential” to a classification as consumer debt in finding that a vehicular accident judgment was not consumer debt under Chapter 7
• stating that “volition is essential” Fair Labor Standards Act provision to interpret language in to a classification as consumer debt in finding that a vehicular the Age Discrimination in Employment Act because Congress accident judgment was not consumer debt under Chapter 7
• “a judgment resulting from a vehicular accident, per se, is not a “consumer debt,” as that term is defined under the Code”
• “The profit motive test is normally applied to cases involving expenditures.... An inability to classify a particular debt as a business debt does not automatically relegate it to the status of consumer debt.”
• “The profit motive test is normally applied to cases involving expenditures.... An inability to classify a particular debt as a business debt does not automatically relegate it to the status of a consumer debt.”
• “Implicit in the Code’s definition of consumer debt is the element of volition.”

Source: CourtListener parenthetical corpus (CC0).