In the Matter of Donald J. Booth and Carolyn B. Booth, Debtors. Donald J. Booth and Carolyn B. Booth

How courts have described this case

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

• finding that debt secured by real property may be considered consumer debt for purposes of evaluating dismissal under Section 707(b)
• stating that “ ‘primarily’ suggests an overall ratio of consumer to non-consumer debts of over fifty percent ... consumer debts should be evaluated not only by amount, but by their relative number”
• adopting a test of consumer debts that focuses on the profit motive behind the transaction, not the secured status of the debt
• discussing legislative history to definition of consumer debt, which was originally codified as section 101(7) of the Code and subsequently renumbered
• discussing legislative history to definition of consumer debt, which was originally codified as section 101(7) of the Code and subsequently renumbered
• if mortgage is based upon “credit transaction involv[ing] a profit motive, it is outside the definition of consumer credit.”

Source: CourtListener parenthetical corpus (CC0).