11 U.S.C. § 101

Section 101(31) includes non-statutory insiders, but alleging a longstanding business relationship and unsecured loans does not, without more, establish a close relationship and transactions that were not at arm’s length.

Swift v. Halimi · filed 2023-09-05(31)(B)

The Trustee asserts that the Defendant is a non-statutory insider. Accordingly, to survive a motion to dismiss, the Amended Complaint must include allegations sufficient to support inferences of: (1) a close relationship; and (2) transactions that were not at arm’s length. I find that the allegations pled fail to support either inference.

For an individual debtor, a corporation of which the debtor is an officer or person in control is an insider.

SMGB, LLC v. Cross · filed 2023-08-25(31)(A)(iv)

Under the applicable definition, Isotex is an insider of Debtor and so a written statement as to the financial condition of Isotex ... satisfies the writing requirement of § 523(a)(2)(B).

An affiliate that owns more than 20% of a debtor’s shares qualifies as a statutory insider of the debtor.

Balasiano v. Borell · filed 2023-08-31(31)(E)

Because Sun Capital owned more than 20% of FFO’s shares, Sun Capital is a statutory insider of FFO.”

Section 101’s affiliate definition uses a 20% voting securities threshold to determine statutory insider status.

Furniture Factory Ultimate Holding, LP · filed 2023-08-31(2)(B)

Because Sun Capital owned more than 20% of FFO’s shares, Sun Capital is a statutory insider of FFO.”

A debtor’s father is an insider when the debtor is an individual.

Michael Rodger Brown · filed 2023-09-15(31)(A)(i)

As the Debtor’s father, Howard is an “insider” of the Debtor.

Section 101(31)(B) includes a corporate director as an insider, but allegations of past service alone do not establish that the person remained an insider later.

Dershaw, Trustee v. Nevels · filed 2025-01-15(31)(B)

The Court has no basis to infer that Mandle was an insider after September 16, 2020.

Section 101(31)(A)(i) includes an individual debtor’s father as an insider.

Short v. Short · filed 2025-05-09(31)(A)(i)

Their consanguineal connection also makes Short an insider of the Debtor under 11 U.S.C. § 101(31)(A)(i).

Section 101(31)(A)(iv) includes a corporation as an individual debtor’s insider when the debtor is its director, officer, or person in control.

First National Bank of Groton v. Dow · filed 2025-08-12(31)(A)(iv)

The Restaurant is an insider of Defendant. 11 U.S.C. §101(31)(A)(iv) (“The term ‘insider’ includes if the debtor is an individual – corporation of which debtor is a director, officer or person in control”).

Section 101(31)'s list of insiders is nonexclusive, allowing courts to recognize nonstatutory insiders.

OFFICIAL COMMITTEE OF UNSECURED CREDITORS v. Vagenas · filed 2025-09-05(31)

Section 101(31) sets out what the term insider “includes” rather than what it “means.”

A corporation wholly owned by the debtor is an insider under § 101(31)(A)(iv).

C&S Building & Renovations, Inc. v. Minnix · filed 2025-09-30(31)(A)(iv)

Regardless of how the Court defines “financial condition,” there does not appear to be any dispute that the 2020 P&L concerned the financial condition of Craftwork, which was owned 100% by Mr. Minnix at the relevant time, and is therefore an insider of Mr. Minnix.

Section 101(31) includes a debtor’s wholly owned company as an insider.

Epstein · filed 2025-10-30(31)

ARS is an insider of Defendant pursuant to 11 U.S.C. § 101(31).

Section 101(31)(B) includes a corporate debtor’s officers among its insiders.

Feldman · filed 2025-12-11(31)(B)

The Transfers were indeed made by an insolvent debtor to and/or on behalf of an insider (11 U.S.C. §101(31)(B) defines corporate insiders to include a debtor’s directors, officers, and control persons).

Section 101(31)(B) includes corporate officers and directors as insiders without requiring them to control the debtor.

Spac Recovery Co. · filed 2026-01-02(31)(B)

“Control” is not necessary for a finding of insider status.

Section 101(31) defines categories of insiders; Summit did not qualify as an insider under that definition.

In re Broadway Realty I Co., LLC · filed 2026-01-19(31)

Accordingly, the Court concludes both that Summit is not an insider as defined by section 101(31) and that Summit is entitled to the protections of § 363(m).

Section 101(31) includes a corporation controlled by the debtor in the definition of an insider.

Badalov · filed 2026-03-27(31)

EMIL Corp. qualifies as an insider because Buzhunashvili controlled the company at all times and owned 100% of the company until Badalov invested.

A limited liability company cannot be a corporate debtor’s director or officer under the statutory insider definition.

Aurzada v. Endurance · filed 2026-03-24(31)(B)(i)–(ii)

Endurance argues that, as a limited liability company, it could not possibly serve as either a director or an officer of the Debtor such that it could be a statutory insider under § 101(31)(B)(i)–(ii). The Court agrees with this portion of Endurance’s argument.

Section 101(31) does not expressly list LLC members as insiders, but its definition can include nonstatutory insiders.

Romero · filed 2026-04-06(31)

“Insider” is a defined term. See 11 U.S.C. § 101(31); see also Tex. Bus. & Comm. Code § 24.002(7). A member of an LLC is not included in either statutory definition. These definitions are illustrative rather than exclusive however, and courts have recognized other non-statutory insiders in certain circumstances.

Section 101(31) treats a corporation controlled by an individual debtor as an insider.

Spencer · filed 2026-06-11(31)

Red Willow is an insider of the debtor. See 11 U.S.C. § 101(31).

Section 101(31)(B) does not classify a corporate debtor’s creditor as a statutory insider merely because the debtor’s officers hold an indirect stake in the creditor.

Drivetrain, LLC v. MobileFuse · filed 2026-06-17(31)(B)

The Bankruptcy Code does not count a creditor in MobileFuse’s position among the statutory insiders of a corporate debtor,153 and the equity interest the FAC describes runs the wrong direction to make MobileFuse an affiliate.154 It was the Near Insiders who held an indirect stake in MobileFuse, not Near that held a stake in MobileFuse or MobileFuse that held one in Near.

Section 101(25)(B) treats Bob’s Meat Company as an insider, but insider status alone does not subordinate its secured claim.

In re Meat Service Specialties, Inc. · filed 1982-08-06(25)(B)

Although under the Code definition Bob’s Meat Company is an insider of the debtor [read 11 U.S.C. § 101(25)(B)] such does not call for a subordination of the rights of Bob’s Meat Company to that of the unsecured creditors or in any way impair security interest’s validity.

Section 101(25) treats a relative of a debtor partnership’s general partner as an insider.

In Re Gagel & Gagel · filed 1983-05-25(25)

The Court also notes that the other creditor of record, Louise E. Gates, (Mr. Gagel’s aunt, and thus an insider by virtue of being a relative of a general partner of Debtor, 11 U.S.C. § 101(25)) filed a “Memorandum” on 4 April 1983 wherein she indicates her “full support” of AFI’s Motion to Dismiss.

Section 101(31) treats corporate officers as insiders, but a vice president’s title alone does not establish officer status; the employee’s duties and influence over corporate decisions matter.

NMI Systems, Inc. v. Pillard (In Re NMI Systems, Inc.) · filed 1995-03-29(31)

Pillard’s title of vice president and mid-management responsibilities of running the company’s consulting division ought not suffice to make him an officer if he did not enjoy the elements of being an officer that would per se put him in a position of advantage as against other creditors. ... Applying this analysis to the facts of this proceeding, Pillard was not an officer.

Section 101(31)(B) identifies statutory insiders of a corporate debtor; a lender’s insider status must have evidentiary support.

Friesen v. Seacoast Capital Partners II, L.P. · filed 2012-12-05(31)(B)

Appellants have not advanced evidence creating a question of fact as to whether Seacoast was an insider of QuVIS. See 11 U.S.C. § 101(31)(B) (criteria for statutory insiders); Anstine v. Carl Zeiss Meditec AG (In re U.S. Medical, Inc.), 531 F.3d 1272, 1276 (10th Cir. 2008) (criteria for non-statutory insiders).

Section 101(31)(A)(i) includes a debtor’s relative in the definition of an insider.

Wallace v. McFarland · filed 2015-10-16(31)(A)(i)

We scrutinize the value of transfers more closely where, as here, the transfer was made to an insider. ... see 11 U.S.C. § 101(31)(A)(i) (defining the term “insider” as a “relative of the debtor”).

Section 101(8) defines consumer debt by its personal, family, or household purpose; debts the debtors owed with businesses were classified as business debts.

McInnis v. Phillips (In re Phillips) · filed 2017-09-20(8)

Taking judicial notice of the court’s record of claims in Phillips’ case, the court can easily conclude that all debts for which Phillips are codebtors with Pages Creek, Phillips Properties, or another business are business debts.

Section 101(7) excludes debt incurred to buy or rent dental equipment from the definition of consumer debt.

Codesco, Inc. v. Scanlon (In Re Scanlon) · filed 1980-05-06(7)

In the case at bar, the debt involved was incurred by the purchase or rental of dental equipment by Dr. Scanlon, a dentist. Such a debt cannot be characterized as a “consumer debt,” since “consumer debt” is defined by § 101(7) of the new Bankruptcy Code as a “debt incurred by an individual primarily for a personal, family, or household purpose.”

Section 101(7) defines consumer debt by its primary personal, family, or household purpose; consolidating it with corporate debt does not alone change its character.

Boitnott v. United Virginia Bank (In Re Boitnott) · filed 1980-07-25(7)

“Consumer debt” is defined in 11 U.S.C. § 101(7) as a debt incurred by an individual primarily for a personal family, or household purpose. ... The fact that these obligations were consolidated into a larger note of the Corporation with the personal endorsement of these individual debtors does not, in and of itself transform what was originally a “consumer debt” into a nonconsumer debt.

Section 101(7) defines consumer debt by its primary purpose; a loan used primarily to buy business equipment is not consumer debt.

First National Bank of Griffin v. La Flamme (In re La Flamme) · filed 1981-08-11(7)

11 U.S.C. § 101(7) defines consumer debt to be a “debt incurred by an individual primarily for a personal, family, or household purpose.” $20,000.00 of the $21,000.00 proceeds of the loan in question went to the purchase of a tractor and trailer for Mr. La Flamme’s business. Clearly, this debt was not incurred primarily for consumer purposes.

Section 101(7) defines consumer debt by its primary purpose; a loan primarily for business use is not consumer debt.

Clackamas County Bank v. Demaree (In Re Demaree) · filed 1982-01-20(7)

It is not necessary for the court to determine this factual matter since § 1301 is applicable only to a consumer debt, since § 101(7) defines a consumer debt as one incurred primarily for a personal, family, or household purpose, since it is admitted by May-field that the primary reason for the loan was for a business purpose, and since the funds were, in fact, primarily used for business purposes. As a result of these facts which were admitted by Mrs. Mayfield it is clear that the co-debtor stay is not applicable to the balance due upon the loan of January 20, 1977 nor to any later renewal of this obligation.

Section 101(7) distinguishes consumer debt incurred for a personal, family, or household purpose from business debt.

Frazier v. Bank of Virginia (In Re Lindamood) · filed 1982-04-19(7)

The debt upon which the co-debt- or is obligated must also be a “consumer debt” as defined by 11 U.S.C. § 101(7). The definition distinguishes between a “business debt” which may be due because of the expanded jurisdiction of Chapter 13 cases, and a debt that is personal, family, or household purpose.

Section 101 defines consumer debt as debt incurred by an individual primarily for a personal, family, or household purpose.

Bardan Co. v. McCourt (In Re McCourt) · filed 1982-05-17

11 U.S.C. § 101 defines a consumer debt as a “debt incurred by an individual primarily for a personal, family, or household purpose.” The debt at issue in the case at hand is not a consumer debt, therefore, § 523(d) does not apply.

Section 101(7) includes an unsecured debt incurred to buy a home within the definition of consumer debt.

Bank of Columbia Falls v. Burgess (In Re Burgess) · filed 1982-06-22(7)

After a careful consideration of the 1978 Bankruptcy Reform Act and its legislative history, this court concludes that the term consumer debt does encompass an unsecured debt incurred by an individual to purchase real property which is intended to be used as his or her home.

Section 101(7) supplies the standard for determining whether a debt is a consumer debt; the creditor’s business practices do not control.

West Springfield M. E. Credit Union v. Finnie (In Re Finnie) · filed 1982-07-01(7)

Nevertheless, the standard is that of 11 U.S.C. § 101(7), and not the credit union’s business practices.

A purchase-money loan for a truck-tractor is not a consumer debt under § 101(7).

First Safety Fund National Bank v. Valley (In Re Valley) · filed 1982-07-16(7)

Finally, since it is apparent that the debt was not a consumer debt [a purchase-money loan for a truck-tractor — See 11 U.S.C. § 101(7)], the award of costs and reasonable attorney’s fees is not warranted under § 523(d).

Section 101(7) excludes a loan used for training for a business opportunity from consumer debt, even if no franchise is purchased.

Fayette County Bank v. Chrisman (In Re Chrisman) · filed 1982-07-26(7)

Such testimony indicated the business purpose for the loan, and such purpose was not changed by the fact that the proceeds were actually used for the training opportunity rather than for any actual purchase of a franchise. ... Having found that the obligation to the Bank is not a “consumer debt”, the Stay of Action Against Co-Debtor set out in 11 U.S.C. § 1301 is not applicable, and plaintiff is therefore free to pursue its remedies against the co-maker on its note.

Section 101(7) excludes debts secured by real property from the definition of consumer debt.

Gibbs v. Randolph (In Re Randolph) · filed 1983-03-22(7)

11 U.S.C. § 101(7) defines consumer debt as a "... debt incurred by an individual primarily for a personal, family, or household purpose .... ” ... A debt which is secured by real property is not a consumer debt and a court may not award attorney’s fees pursuant to 11 U.S.C. § 362(d) where the debt involved is not a consumer debt.

Section 101(7) defines consumer debt as debt incurred primarily for personal, family, or household purposes; a lease undertaken to sublet apartments for profit is not a consumer debt.

Lowell Holding Corp. v. Granovetter (In Re Granovetter) · filed 1983-04-29(7)

Section 101(7), 11 U.S.C. § 101(7), defines consumer debt as a “debt incurred by an individual primarily for a personal, family, or household purpose.”

Section 101(7) defines consumer debt as debt incurred by an individual primarily for a personal, family, or household purpose; a business debt does not qualify.

Mason & Lawrence of Ohio, Inc. v. Digby (In Re Digby) · filed 1983-05-03(7)

Although the complaint asserts a cause of action pursuant to 11 U.S.C. § 523(a)(2), the obligation in question, the cost of having erected a silo, is clearly not a consumer debt since it was not a “debt incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(7).

Section 101(7) defines consumer debt by the purpose of the loan; a loan to buy a commercial campground does not qualify, and a debt secured by an interest in real property is excluded.

Brunswick Employees Credit Union v. Nenninger (In Re Nenninger) · filed 1983-08-30(7)

The term “consumer debt” is defined in 11 U.S.C. § 101(7) as: “debt incurred by an individual primarily for a personal, family, or household purpose.” Thus the test is not the experience of the debtor, but the purpose of the loan. Under the plain language of the statute, a loan to purchase a commercial campground cannot be a consumer debt. ... Burgess, however, is of no help to debtors in the present case, since the entire debt to the plaintiff was secured by a recordable interest in real property.

Section 101(7) excludes debt for building supplies used in a contractor’s work from the definition of consumer debt.

H.A. Building Products, Inc. v. Pelen (In Re Pelen) · filed 1983-10-18(7)

The Code provides the following definition: “Consumer debt” means debt incurred by an individual primarily for a personal, family or household purpose. 11 U.S.C. § 101(7) (1978). The debt owed to the plaintiff in this case is clearly not a consumer debt within the ambit of section 101(7) of the Bankruptcy Code.

Section 101(7) defines consumer debt as debt incurred primarily for a personal, family, or household purpose.

Quality Plumbing & Heating Co. v. Sauer (In re Sauer) · filed 1984-04-09(7)

28. That, as the debt-at-bar was incurred primarily for a business purpose, the Debtors’ request for attorneys fees in this matter is without merit.

Section 101(7) defines consumer debt as debt incurred primarily for personal, family, or household purposes; income tax liability is not consumer debt.

Pressimone v. Internal Revenue Service (In Re Pressimone) · filed 1984-04-17(7)

The statutory stay only applies to “a consumer debt,” which is defined in 11 U.S.C. § 101(7) as a “debt incurred by an individual primarily for a personal, family, or household purpose.” Plaintiffs’ argument that the debtor’s income tax liability is “a consumer debt” because it arises from her personal wages to be utilized for consumer purposes is not convincing. Tax liability is incurred in the course of earning income, not in the course of consumptive activity. In short, there is no basis for concluding that a Chapter 13 debtor’s income tax liability is “a consumer debt” within the meaning of 11 U.S.C. § 1301(a).

Section 101(7) excludes mortgages secured by real property, including a debtor’s principal residence, from the definition of consumer debt.

In Re Ikeda · filed 1984-03-06(7)

The intent of Congress that “consumer debts” not include mortgage liens secured by real property is clearly stated in the legislative history. To then include mortgage liens secured by real property used as debtors’ principal residence within the definition of “consumer debts” would undermine this Congressional intent.

Section 101(7) defines consumer debt as debt incurred primarily for personal, family, or household use.

In Re Cassell · filed 1984-08-13(7)

In this case, the vehicle represents a consumer debt being intended primarily for “personal, family, or household” use. 11 U.S.C. § 101(7).

Section 101(7) excludes debts incurred primarily for business purposes from the definition of consumer debt.

Hagen v. Alexander (In Re Alexander) · filed 1984-09-13(7)

As the debt in question was not incurred primarily for personal, family or household purposes, Section 523(d) does not apply. See 11 U.S.C. sec. 101(7) (“consumer debt” defined).

Section 101(7) excludes automobile accident liability from consumer debt because that liability is incurred incidentally to transportation, rather than primarily to achieve a personal purpose.

In Re White · filed 1985-05-30(7)

Thus, to be a'consumer debt within the meaning of § 101(7) the liability must have been acquired first and foremost to achieve a personal aim or objective. An automobile accident liability is not such a debt.

Section 101(7) defines a consumer debt as one incurred primarily for a personal, family, or household purpose; a loan used for a business does not qualify.

Walter v. Walter (In re Walter) · filed 1985-06-11(7)

That term is defined in 11 U.S.C. § 101(7) to mean a “debt incurred by an individual primarily for a personal, family, or household purpose”. ... This debt arose out of a father’s need for funds in his business operations and his inability to obtain a commercial loan. ... This is not the kind of debt Congress envisioned when it enacted this subsection.

Section 101(7) excludes tort liability arising from a driver's negligent automobile accident from consumer debt.

In Re ALVAREZ · filed 1985-11-22(7)

This Court finds that tort liability as a result of the actionable negligence of a driver causing an automobile accident is not a consumer debt.

Section 101(7)'s definition of consumer debt includes a home mortgage debt when determining whether debts are primarily consumer debts under § 707(b).

In Re Kelly · filed 1986-01-23(7)

The term “consumer debt” is a technical term defined in the Code to mean “a debt incurred by an individual primarily for a personal, family or household purpose.” 11 U.S.C. § 101(7). ... This Court agrees with the finding that a mortgage debt should be considered a consumer debt for purposes of section 707(b) in light of its legislative history and the abuses sought to be remedied thereby.

Section 101(7) defines consumer debt as debt incurred primarily for personal, family, or household purposes; debt incurred to buy index options is not consumer debt.

Interstate Securities Corp. v. Costantino (In Re Costantino) · filed 1986-08-29(7)

The Bankruptcy Code defines “consumer debt” as “mean[ing] debt incurred by an individual primarily for a personal, family, or household purpose.” § 101(7). This definition should be strictly construed. ... The critical factor is the use of the goods in the production of income, as opposed to normal consumptive activity by an individual. ... The debt incurred in the purchase of the index options is not a consumer debt; therefore, § 523(a)(2)(C), which relates only to consumer debts, is of no aid to the plaintiff.

Under § 101(7), debts incurred with a profit motive are not consumer debts, even if the venture fails.

In Re Bell · filed 1986-09-26(7)

11 U.S.C. § 101(7) defines a consumer debt as a “debt incurred by an individual primarily for a personal, family, or household purpose.” ... Plainly, the debts that Bell incurred in connection with his interest in Bell’s Market, Inc., and Group Assoc. Management Co. were incurred with a profit motive, even though that purpose failed. Thus, these debts, totaling $195,329.90, are not consumer debts.

Section 101(7) defines consumer debt by its primary personal, family, or household purpose; debt incurred for business purposes does not qualify.

Connecticut National Bank v. Panaia (In Re Panaia) · filed 1986-10-02(7)

11 U.S.C. § 101(7) defines a “consumer debt” as a “debt incurred by an individual primarily for a personal, family, or household purpose.” ... These motives cannot be called “personal, family, or household” purposes by any stretch of the imagination. Therefore, no basis exists for an award of attorneys’ fees under either version of § 523(d) since no consumer debt existed.

Section 101(7) includes ordinary personal debts other than business expenses as consumer debts, even when they were not incurred voluntarily or through credit purchases.

In Re Walton · filed 1986-11-18(7)

Rather, it suggests the term should include those debts a person would ordinarily expect to incur in his daily affairs other than business expenses. The distinction drawn by the Bankruptcy Court in White between purchases on credit and other types of transactions has no rational relation to whether a debtor is conducting his personal life within his means. Similarly, whether a debtor incurred a liability through volition has no real significance.

For § 707(b), § 101(7)’s definition of consumer debt excludes loans secured by the debtor’s residence.

Kelly v. Solot (In Re Kelly) · filed 1986-12-16(7)

This appeal requires us to decide whether consumer debt, as defined by 11 U.S.C. § 101(7), includes debts secured by real property. ... We conclude that the bankruptcy judge erred in considering the three loans secured by the debtor’s residence as consumer debts for the purposes of § 707(b).

Section 101(7) defines a consumer debt as one incurred by an individual primarily for a personal, family, or household purpose; a household furniture purchase qualifies.

Montgomery Ward & Co. v. Blackburn (In Re Blackburn) · filed 1987-01-12(7)

(1) consumer debts, defined in 11 U.S.C. § 101(7) as “debt incurred by an individual primarily for a personal, family, or household purpose.” ... Mrs. Blackburn, an individual debtor, purchased for household use from Montgomery Ward for $1228.48 a sofa and love seat on August 28, 1985, within seventeen days of September 13, 1985, when she obtained an order for relief under Chapter 7 of the Bankruptcy Code. The debtor’s transaction satisfies all but the fourth element.

Section 101 defines consumer debt as debt incurred for a personal, family, or household purpose.

McNamara v. Austin (In re Austin) · filed 1987-05-27

A “consumer” debt is one incurred for a “personal, family, or household” purpose. 11 U.S.C. § 101. The only evidence as to the purpose of the loan was that the debtor had accumulated account losses at A.G. Edwards and liabilities as guarantor on other debts. With no evidence that the debt was a consumer debt, the Court denies the request by defendant for attorneys fees.

Section 101(7) excludes debt incurred for agricultural or business purposes from the definition of consumer debt.

In Re Bigalk · filed 1987-06-29(7)

Second, and more clearly, the co-debtor stay is not available to Betty because her debt to the Bank is not characterized as a “consumer debt.” An extension of credit for the commencement or continuation of large-scale agricultural or business activity simply is not made for “a personal, family, or household purpose.”

Section 101(7) excludes a corporation’s farm debt incurred to produce income from the definition of consumer debt.

In Re Circle Five, Inc. · filed 1987-07-15(7)

A corporation is not an individual within the code and can not incur a consumer debt. ... Debt used to produce income is not a consumer debt “primarily for a personal, family or household purpose”.

Section 101(7) defines consumer debt by the purpose for which an individual incurred it; an intra-family loan does not qualify merely because it was made within a family.

First Trust Co. v. Frisch (In Re Frisch) · filed 1987-07-27(7)

To begin with, the evidence shows that the debt owed to First Trust stems both from business transactions between Swanson and Frisch, and from intra-family loans, and not “primarily consumer debt[]” as required by the statute. Although the term “consumer debt” is defined as “debt incurred by an individual primarily for a personal, family or household purpose,” 11 U.S.C. § 101(7), the legislative history of § 707(b) shows (surprisingly) that Congress was concerned with protecting the consumer credit industry. ... Even for the unspecified portion of the debt which represents loans from Swanson, First Trust has failed to provide any authority for the proposition that intra-family loans constitute consumer debt.

A corporation cannot incur consumer debt under § 101(7).

In Re SFW, Inc. · filed 1988-02-08(7)

Therefore, a corporation is not an individual within the meaning of the Code and cannot incur a consumer debt.

Section 101(7) defines consumer debt by its personal, family, or household purpose; secured debt may qualify.

In Re Kelly III · filed 1988-03-02(7)

While secured debt is not automatically excluded from consumer debt, it is not automatically included either. We must look to the purpose of the debt in determining whether it falls within the statutory definition.

Section 101(7) defines consumer debt, and debts incurred for consumer goods count toward whether a debtor’s debts are primarily consumer debts.

Matter of Strange · filed 1988-03-16(7)

1) Debtor’s debts are primarily consumer debt within the meaning of 11 U.S.C. Section 101(7).

Section 101(7)’s definition of consumer debt covers the debtors’ credit card debt.

In Re Gaskins · filed 1988-05-20(7)

The debtors’ credit card debt is “primarily consumer debt” as defined in 11 U.S.C. § 101(7).

Consumer debt under Section 101(7) may include debt secured by real estate.

McDaniel v. Nationwide · filed 1988-04-08(7)

Section 101(7) defines “consumer debt” as “debt incurred by an individual primarily for a personal, family or household purpose.” Nothing in that definition requires the exclusion of a debt secured by real estate.

Section 101(7) defines consumer debt as debt incurred primarily for personal, family, or household purposes; a homestead mortgage can qualify.

In Re Wegner · filed 1988-10-21(7)

In addition, the debtors’ $62,253.00 homestead mortgage, their only secured debt, is a consumer debt as defined in § 101(7).

Section 101(7) defines consumer debt by its personal, family, or household purpose; debt incurred with an eye toward profit is business debt.

In the Matter of Donald J. Booth and Carolyn B. Booth, Debtors. Donald J. Booth and Carolyn B. Booth · filed 1988-10-27(7)

Accordingly, the test for determining whether a debt should be classified as a business debt, rather than a debt acquired for personal, family or household purposes, is whether it was incurred with an eye toward profit.

Section 101(7) defines consumer debt as debt incurred by an individual primarily for a personal, family, or household purpose.

In Re Andrus · filed 1988-12-13(7)

In the present case, the debts constitute primarily consumer debts. Consumer debt, as defined by section 101(7) is “debt incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(7) (1982). Televisions, VCR’s, stereos and automobiles are consumer debts; they are intended for personal and/or household purposes.

Section 101(7) defines consumer debt as debt incurred principally for personal, family, or household purposes.

In Re Gyurci · filed 1989-01-20(7)

The debtor clearly seeks to discharge debts which are primarily consumer debts as that term is used in section 707(b). Section 101(7) of the Bankruptcy Code defines consumer debt as “debt incurred by an individual principally for a personal family or household purpose”. 11 U.S.C. section 101(7). ... All of the secured and virtually all of the unsecured debts of this debtor relate to indebtedness incurred in maintaining that home and other personal and family expenses attendant with the lifestyle to which he and his family have become accustomed.

Section 101(7) covers the debt on the Carters’ loan as a consumer debt for purposes of fee eligibility under § 523(d).

Commercial Credit Plan v. Carter (In Re Carter) · filed 1989-02-28(7)

Such an award may be granted pursuant to 11 U.S.C. § 523(d) since the incurred obligation is a “consumer debt” as required by that Code Section and defined in 11 U.S.C. § 101(7).

Section 101(7)'s definition of consumer debt excludes a lease conveying an interest in real property.

Saxon Associates v. Barton · filed 1989-05-17(7)

This definition, however, does not cover a lease which conveys an interest in real property and for which the Bankruptcy Act specially provides in 11 USC § 365.

Section 101(7) treats the purchase of personal investment audio tapes as consumer debt.

FCC National Bank v. Orecchio (In Re Orecchio) · filed 1989-11-30(7)

The Court finds that the purchase of the audio tapes is a consumer debt within the meaning of 11 U.S.C. § 101(7).

Section 101(7) treats debts incurred for personal, family, or household purposes as consumer debts.

In Re Roth · filed 1989-12-06(7)

It is undisputed that these debts, as well as the secured obligations listed on Schedule A-2, are primarily consumer debts within the meaning of 11 U.S.C. § 101(7). ... Both of these factors have been established in this case. The Debtors concede that their debts are primarily consumer debts, having been used for personal, family and household purposes.

Section 101(7) classifies debt by its purpose, so a loan for a family residence can be consumer debt even when secured by real property.

Guaranty Savings & Loan Ass'n v. Lowe (In Re Lowe) · filed 1990-01-18(7)

11 U.S.C. § 101(7) clearly directs a court to examine the “purpose” of the debt, not the nature of the security for the debt. It is apparently undisputed by the parties here that the purpose of the $95,000 loan was to secure the debtors’ recently completed family residence. The purpose of the loan is, therefore, obviously personal.

Section 101(7) excludes debt incurred with a profit motive from the definition of consumer debt.

In Re Randall Clark Burns and Deborah A. Burns, Debtors. Citizens National Bank v. Burns · filed 1990-01-18(7)

Under this standard a credit transaction is not a consumer debt when it is incurred with a profit motive.

Section 101(7) includes home mortgage debt within consumer debt for purposes of § 707(b).

In Re Higginbotham · filed 1990-03-13(7)

A home mortgage debt is a consumer debt for 11 U.S.C. § 707(b) purposes whether or not for other bankruptcy purposes; cases to the contrary such as ... not only disregard the plain meaning of 11 U.S.C. § 101(7) and its official legislative history, but also perversely credit Congress in 1984 with enacting § 707(b) with the specific design that it apply to almost no one; and such cases are not followed by this Court.

Section 101(7) includes a divorce lump sum award as consumer debt when it enables the debtor to retain a home and was not incurred for a profit motive.

In Re Palmer · filed 1990-06-08(7)

This Court concludes that by applying the test of whether the debt is incurred principally for a profit motive, the lump sum award made by the Iowa District Court in this case is a consumer debt.

Section 101(7) defines consumer debt by its personal, family, or household purpose; using credit card advances or loans to pay a mortgage does not change their consumer character.

In Re Vesnesky · filed 1990-06-11(7)

Consumer debt is defined in the Code as debt incurred by an individual for a personal, family, or household purpose. ... After having first admitted in this matter that the debt is consumer debt, the debtors have later attempted to argue that credit card advances and loans were used to pay a mortgage. Under Kelly, the distinction makes no difference.

Section 101(7) includes a debt secured by a residence as consumer debt when it was incurred for a family or household purpose.

In Re Johnson · filed 1990-06-14(7)

Although no home mortgage as such is involved, the cases holding that home mortgages are consumer debts are clearly applicable. The debt is secured by the debtors’ residence, it was incurred for a “family or household purpose,” and it is, therefore, a consumer debt.

Section 101(7) defines consumer debt as debt incurred by an individual primarily for a personal, family, or household purpose.

In Re Helmick · filed 1990-07-26(7)

“Consumer debt” is defined as “debt incurred by an individual primarily for a personal, family, or household purpose”. 11 U.S.C. § 101(7). ... The Court concludes, therefore, that Debtors’ obligations are primarily consumer debts within the meaning of § 707(b).

Section 101(7) defines consumer debt as debt incurred primarily for personal, family, or household purposes.

Chevy Chase Federal Savings Bank v. Jeffares (In Re Jeffares) · filed 1990-10-12(7)

A consumer debt is defined in 11 U.S.C. § 101(7) as a “debt incurred by an individual primarily for a personal, family or household purpose.” It is clear from the evidence adduced at the hearing that the debt in question is in fact in the nature of a consumer debt. ... The “purpose” of the debt was personal in nature and thus qualifies as consumer debt.

Section 101(7)’s definition of consumer debt includes rent for a debtor’s primary residence.

Upadhyay v. Burse (In Re Burse) · filed 1990-11-14(7)

The debt sought to be declared nondischargeable here was one for rent of the debtor’s primary residence, clearly a consumer debt under the definition in 11 U.S.C. § 101(7).

Section 101(7) defines consumer debt as debt incurred by an individual for a personal, family, or household purpose.

In Re Harris · filed 1990-12-24(7)

A consumer debt is a “debt incurred by an individual for a personal, family, or household purpose.” 11 U.S.C. § 101(7). The Debtors’ schedules reflect obligations such as the house payment and the vehicle debt which are primarily for personal, family or household use.

Section 101(7) excludes tax liabilities from consumer debt because taxes are imposed involuntarily for a public purpose.

In Re Reiter · filed 1991-04-23(7)

Taxes may be personally owed, as the debtor argues, but that does not render them debts incurred for a personal, family or household purpose. Tax debt is involuntarily imposed for a public purpose. It does not qualify as consumer debt within the meaning of the Bankruptcy Code.

Section 101(8) excludes loans used to purchase limited partnership interests or commercial real estate for investment from the definition of consumer debt.

Dominion Bank of Middle Tennessee v. Manning (In Re Manning) · filed 1991-07-03(8)

Contrary to the Ninth Circuit, this Court holds that under no circumstances may a loan procured to purchase a limited partnership interest or commercial real estate for investment be held to be for a “consumer” purpose.

Section 101(7) treats a debt incurred without a profit motive to help a sister raise money for her family as a consumer debt, even when the siblings live in separate households.

Bennett v. Lukens · filed 1991-09-03(7)

This court thus finds that any alleged debt the Bennetts incurred was for a family purpose.

Section 101(7) defines consumer debts as debts incurred primarily for personal, family, or household purposes.

United States Trustee v. Wray (In Re Wray) · filed 1992-01-08(7)

Debtors concede that their debts are primarily consumer in nature — i.e., were incurred by them primarily for personal, family, or household purposes. See 11 U.S.C. § 101(7). The bankruptcy schedules submitted by debtors indicate that the debts incurred by them were entirely, not merely primarily, consumer in nature.

Section 101(8) does not permit a court to presume that a self-employed debtor’s co-signed obligations were incurred for consumer purposes.

In Re Riggel · filed 1992-04-03(8)

Further, since this Debtor is self-employed, the Court will not presume that any co-signed obligations were incurred for consumer purposes pursuant to 11 U.S.C. § 101(8).

Section 101(8) classifies debt by its primary purpose; whether the debt is secured does not determine whether it is consumer debt.

In Re Nolan · filed 1992-05-14(8)

This Court agrees with those courts who resolved the classification issue based upon whether the debt was incurred in-a transaction having primarily a profit or business motive and disregarded its secured or unsecured status as irrelevant.

Section 101(8) excludes debts arising from cattle used in a debtor’s business from the definition of consumer debt.

In Re Kingsbury · filed 1992-10-19(8)

First, the dischargeability actions did not involve consumer debts: The claims arising from the Lord and Valentine transactions related to dairy cattle used in the debtors’ business. The debtors make no attempt to portray them as consumer debts within the meaning of § 101(8).

Section 101(7) defines consumer debt as debt an individual incurs primarily for a personal, family, or household purpose.

In Re Farrell · filed 1992-11-17(7)

First of all, it is quite clear from the record and the bankruptcy schedules that debtor’s debts are primarily consumer. “Consumer debt” is “debt incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(7).

Section 101(7) defines consumer debt as debt incurred primarily for a personal, family, or household purpose; a debt arising from a transaction undertaken for profit does not qualify.

Krondes v. O'boy, No. Cv 87 0090909s (Dec. 30, 1992) · filed 1992-12-30(7)

"Consumer debt" is one "incurred by an individual primarily for a personal, family or household purpose. . . ." 11 U.S.C. § 101 (7). ... In the present action, the claims arise from an alleged breach of an agreement to sell a particular piece of property and, in view of the "for profit" nature of the transaction, Senior cannot be afforded the shelter provided by section 1301.

Section 101(8) defines consumer debt by the purpose for which it was incurred; a debt secured by real property can qualify.

In Re Dickerson · filed 1993-02-17(8)

“Consumer debt” is defined by 11 U.S.C. § 101(8) as “debt incurred by an individual primarily for a personal, family, or household purpose.” There is no suggestion in this statutory language or elsewhere in the Bankruptcy Code that a debt which is secured by real property cannot constitute consumer debt.

Section 101(8) defines consumer debt as debt incurred primarily for a personal, family, or household purpose; tax liability is not consumer debt.

Matter of Greene · filed 1993-04-28(8)

A “consumer debt” is defined in the Bankruptcy Code as a “debt incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(8). The majority of cases interpreting Section 1301 have concluded that a tax liability is not a consumer debt because the debt is incurred while earning income and not during consumption activity. ... I am persuaded by the rationale of these cases and therefore hold that the Internal' Revenue Service is not stayed by Section 1301.

Section 101(8) defines consumer debt as debt incurred by an individual primarily for a personal, family, or household purpose; debt incurred predominantly for business expenses falls outside that definition.

First International Bank v. Kerbaugh (In Re Kerbaugh) · filed 1993-09-15(8)

“Consumer debt” is defined under the Code as “debt incurred by an individual primarily for a personal, family, or household purpose”. 11 U.S.C. § 101(8). The un-eontroverted testimony in the instant case revealed that the credit card indebtedness was incurred predominantly in connection with business-related expenses. As such, the debt is not of a type for which a § 523(d) award may be recovered.

Section 101(8) defines consumer debt as debt incurred primarily for personal, family, or household purposes.

In Re McCormack · filed 1993-10-08(8)

Debtors’ debts are primarily “consumer debts” as defined by 11 U.S.C. § 101(8) because they were “incurred by [the Debtors] primarily for personal, family, [and] household purpose[s]”.

Section 101(8) defines consumer debt as debt incurred by an individual primarily for a personal, family, or household purpose.

Ramsey National Bank & Trust Co. v. Dammen (In Re Dammen) · filed 1994-01-04(8)

“Consumer debt” is defined under the Code as “debt incurred by an individual primarily for a personal, family, or household purpose”. 11 U.S.C. § 101(8). There was no evidence in this case which establishes that the debt was a “consumer debt”. To the contrary, there was a strong indication that money advanced in this case was being utilized primarily in connection with the debtor’s farming operation.

Section 101(8) treats debts for personal food, gas, and medical expenses as consumer debts.

In Re Morse · filed 1994-03-04(8)

Food and gas for personal use are consumer debt. Similarly, the medical debts are personal expenses. Since the credit card debt and the medical expenses comprise 70% of Debtors’ scheduled obligations, the UST has established the first element for a § 707(b) determination of substantial abuse.

Section 101(7) defines consumer debt by whether the debt was incurred primarily for personal, family, or household purposes.

In Re Faulkner · filed 1994-03-28(7)

The Code defines “consumer debt” as debt incurred by an individual primarily for personal, family, or household purposes. 11 U.S.C. § 101(7). In order to determine that a debt is statutorily classified as a consumer debt, the Court must look to the purpose of the debt.

Section 101(8) defines consumer debt as debt an individual incurs primarily for a personal, family, or household purpose.

In Re Martens · filed 1994-07-28(8)

“Consumer debt” is defined under 11 U.S.C. § 101(8) as a debt incurred by an individual primarily for a personal, family, or household purpose. ... In the case at bar, Debtor has primarily consumer debt in that most, if not all, of her indebtedness was incurred by an individual primarily for personal or family purpose.

Section 101(8) defines consumer debt as debt incurred by an individual primarily for a personal, family, or household purpose.

In Re Sanseverino · filed 1994-07-28(8)

“Consumer debt” is defined under 11 U.S.C. § 101(8) as a debt incurred by an individual primarily for a personal, family, or household purpose. ... In this case, Debtor' has primarily consumer debt which was incurred for individual use.

Section 101(8) defines consumer debt as debt incurred by an individual primarily for a personal, family, or household purpose.

In Re Ragan · filed 1994-07-29(8)

Consumer debt is defined under 11 U.S.C. § 101(8) as debt incurred by an individual primarily for a personal, family, or household purpose. ... In the case at bar, the Court finds that Debtor’s indebtedness is primarily consumer debt as defined under Section 101(8) of the Bankruptcy Code.

Section 101(8) defines consumer debt as debt incurred primarily for a personal, family, or household purpose; the debtors’ family medical debts met that definition.

In Re Martinez · filed 1994-07-29(8)

Consumer debt is defined under 11 U.S.C. § 101(8) as debt incurred by an individual primarily for a personal, family, or household purpose. ... The nature of the indebtedness indicates that these debts were legitimately incurred by Debtors’ family for a personal or family purpose.

Section 101(8) classifies debt by its purpose; a loan used to purchase a residence is consumer debt even when secured by the property.

Harris v. Margaretten & Co. (In Re Harris) · filed 1994-08-08(8)

I agree with the view, adopted by the following cases, that the purpose of the debt determines whether a debt is a consumer debt; consequently, a debt incurred to purchase an individual’s residence is a consumer debt even though it is secured by a deed of trust on the realty.

Section 101(8) treats mortgage debt incurred for a household purpose as consumer debt.

In Re Christie · filed 1994-09-14(8)

LAC’s debts are primarily “consumer debts” as defined by 11 U.S.C. § 101(8). ... Most significantly, the mortgage debt upon LAC’s residence was incurred for a household purpose.

Section 101(8) defines consumer debt as debt incurred by an individual primarily for a personal, family, or household purpose.

United States Trustee v. Gavita (In Re Gavita) · filed 1994-12-27(8)

“Consumer debt” is defined in the Code as “debt incurred by an individual primarily for a personal, family, or household purpose”. 11 U.S.C. § 101(8). With the possible exception of the $392.00 unpaid school loan owed by Leslie Gavita and the debt of $8,000.00 owed by Michael Gavita incurred in connection with a motor vehicle accident, all of the debts incurred by debtors are for personal, family, or household purposes.

Section 101(8) treats debts incurred to acquire, improve, or repair a family residence as consumer debts.

In Re Gentri · filed 1995-07-11(8)

Therefore, the Court should look to the purpose of incurring the debt to determine whether it is consumer debt. Debts incurred for the purpose of acquiring, improving, and repairing the residence of a debtor and his family are debts incurred for personal, family, and household purposes.

Section 101(8) defines consumer debt as debt incurred primarily for personal, family, or household purposes.

American Express Centurion Bank v. Hinshaw (In Re Hinshaw) · filed 1995-08-28(8)

The Code defines "consumer debt" as "debt incurred by an individual primarily for personal, family, or household purpose." 11 U.S.C. § 101(8). Thus, to apply this exception, the record must establish with the requisite degree of proof that the debts under consideration are consumer debts and they were obtained for the purposes described in § 101(8) of the Code. On this record it is impossible to determine what purpose these funds were used but considering the past credit card activity of this Debtor it is fair to infer that they were not for the purpose of personal, family or household use but for the purpose of keeping his business enterprise alive or possibly to pay attorneys fees.

Section 101(8) defines consumer debt as debt incurred by an individual primarily for a personal, family or household purpose.

Ciancioso v. Ciancioso (In Re Ciancioso) · filed 1995-09-24(8)

The debt at issue in the present case is clearly a consumer debt within the meaning of the Bankruptcy Code, as it was incurred by individual debtors primarily for a personal, family or household purpose.

A loan incurred to purchase a family home is a consumer debt, even if secured by real property.

In Re Zersen · filed 1995-09-29(8)

Although there has been some question as to whether an obligation secured by real property is a consumer debt, ... the better view is that a loan incurred by a debtor to purchase a family home is a consumer debt.

Section 101(8) treats student loans for a debtor’s children’s education as consumer debt incurred for family purposes.

In Re Vianese · filed 1996-01-19(8)

So too the student loans made in furtherance of the Debtors’ sons’ education were for “family purposes” and should be considered consumer debt.

Section 101(8) excludes a court-imposed sanctions debt from consumer debt because it was not incurred primarily for a personal, family, or household purpose.

Haeske v. Arlington (In Re Arlington) · filed 1996-02-06(8)

The underlying debt owed Richard is a penalty imposed by the state court which arises from the Sanctions Order, and is not the type of “consumer debt” as defined in 11 U.S.C. § 101(8), which Mary incurred primarily for a personal, family, or household purpose.

Section 101(8) includes a debt secured by a home in consumer debt when the debt was incurred for a personal, family, or household purpose.

In Re Dickerson · filed 1996-02-21(8)

Both Kelly and Gentri follow the majority trend, holding that debts secured by real property is “consumer debt.” ... This Court adopts the majority view point espoused in Kelly.

Section 101(8) defines consumer debt as debt incurred by an individual primarily for a personal, family or household purpose.

In Re Mastromarino · filed 1996-06-11(8)

Determining whether debts are “consumer debts” within the meaning of § 707(b) requires that § 101(8) be consulted. A “consumer debt” is defined as a “debt incurred by an individual primarily for a personal, family or household purpose.”

Section 101(8) excludes tort liabilities from the definition of consumer debt.

In Re Izzi · filed 1996-06-12(8)

The underlying indebtedness to the Claimant arises from a tort liability. Such an obligation is clearly not a consumer debt.

Condominium association fees that enhance a condominium’s appearance, function, and utility are consumer debts under § 101(8).

In Re Haugland · filed 1996-08-13(8)

Furthermore, the court finds the term “household,” contained in 11 U.S.C. § 101(8), is sufficiently broad to include condominium association fees which serve to enhance the condominium’s appearance, function and utility.

Section 101(8) treats a mortgage on a debtor’s residence as consumer debt.

United States Trustee v. Duncan (In Re Duncan) · filed 1996-10-23(8)

Respondent does not assert that any of the claims scheduled in his ease are other than consumer debts, which is wise given that (a) his mortgages are on his residence, thus rendering them “consumer” in nature under this Court’s view of 11 U.S.C. § 101(8), which defines “ ‘consumer debt’ ... [as a] debt incurred by an individual primarily for a personal, family, or household purpose,” 11 U.S.C.A. § 101(8) (West 1993); see also In re Kelly, 841 F.2d 908, 912 (9th Cir.1988) (the language of the Bankruptcy Code makes clear that a debt is consumer in nature regardless of whether it is secured by realty), and (b) he admits in his Schedule F that his unsecured nonpriority indebtedness is entirely consumer in nature.

Section 101(8) treats loans for a debtor’s education as consumer debt, whether the lender is an institution or a family member and even if the debtor has a profit motive.

In Re Stewart · filed 1996-10-31(8)

Debts for loans which further that “personal” endeavor, whether the source of the money be institutional or intra-family, come within the literal terms of “consumer debt” as defined in § 101(8), and within probable Congressional intent in employing such term(s) in § 707(b).

Section 101(8) treats a lump-sum divorce obligation as consumer debt when it was not incurred for profit or in a business transaction.

In Re Robert J. KESTELL, Debtor. Robert J. KESTELL, Plaintiff-Appellant, v. Janet A. KESTELL, Defendant-Appellee · filed 1996-10-31(8)

Kestell is an individual debtor, and more than half his debt is the lump-sum amount owed to his former wife from the divorce judgment. Since this debt was not incurred with a profit motive or in connection with a business transaction, it is considered “consumer debt” for purposes of section 707.

Section 101(8) treats a lump-sum divorce obligation incurred for personal rather than business purposes as consumer debt.

Kestell v. Kestell · filed 1997-01-07(8)

Since this debt was not incurred with a profit motive or in connection with a business transaction, it is considered "consumer debt" for purposes of section 707.

Section 101(8) defines a consumer debt as a debt incurred by an individual primarily for personal, family, or household purposes.

Phillips v. Napier (In Re Napier) · filed 1997-03-03(8)

Further, the debt is a “consumer debt” inasmuch as the debt was incurred by the individual Debtor primarily for personal, family, or household purpose.

Section 101(8) defines consumer debt as debt incurred primarily for a personal, family, or household purpose; business expenses do not qualify.

American Express Travel Related Services Co. v. Baker (In Re Baker) · filed 1997-03-27(8)

The Bankruptcy Code defines consumer debt as “debt incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(8). ... Thus, based on the Debtor’s own admission, the debt incurred was not a consumer debt.

Section 101(8) classifies a debt incurred for multiple purposes according to its primary purpose; student loans are not automatically consumer debts.

Stewart v. United States Trustee (In Re Stewart) · filed 1997-12-09(8)

Section 101(8) requires that the court consider the purpose for which the debt was incurred, and where the debt was incurred for more than one purpose, deems that the primary purpose of the debt will determine its nature.

Section 101(8) defines consumer debt as debt incurred by an individual primarily for a personal, family or household purpose; advances used for rent or utilities qualify.

In Re Bagby · filed 1998-03-26(8)

“Consumer debt” is a “debt incurred by an individual primarily for a personal, family or household purpose.” 11 U.S.C. § 101(8). A “debt” is a “liability on a claim.” 11 U.S.C. § 101(12). “Claim” means “right to payment, whether or not such claim is reduced to judgment, liquidated or unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal, equitable, secured or unsecured.” 11 U.S.C. § 101(5)(A). EZ Cash and Cash in a Flash assert rights to payment. Both the Debtors are individuals. Ms. Bagby testified that she needed her advance for rent or utilities. Mr. Hughes testified that he needed money because he was late on his rent. Both of these claims are for post-petition consumer debts.

Section 101(8) defines consumer debt by the purpose for which the loan proceeds were used, including personal, household or family purposes.

PNL, Texas, L.P. v. Passalacqua · filed 1998-04-15(8)

“Consumer debt” is defined as one incurred primarily for a personal, household or family purpose. 11 U.S.C. §101(8). Despite the holding in Ikeda, the court’s view is that the use of the proceeds of the debt should determine whether an obligation is “consumer debt.”

Section 101(8) treats tax liability as consumer debt when the income that produced it was used for a personal, family, or household purpose.

In Re Westberry · filed 1998-04-22(8)

The tax liability was incurred for a personal, family, or household purpose and is a consumer debt as defined by § 101(8).

Section 101(8) defines consumer debt as debt incurred primarily for a personal, family, or household purpose, including debt for personal transportation and household expenses.

In Re Janssen · filed 1998-05-07(8)

Consumer debt is defined in § 101(8) as “debt incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(8) (1993). Debtor sought the loans from Pat McGrath Chevyland and GMAC to purchase the truck. Debtor uses the truck for transportation purposes to and from work. At no time did Debtor operate a business with the truck. Debtor sought the loan from Citizens State Bank to pay for household expenses, schooling, and child care expenses. Debtor testified that the loan from Citizens State Bank was not specifically a student loan. The Corut is satisfied that the debt owed to Citizens State Bank, GMAC, and Pat McGrath Chevyland are consumer debts.

Section 101(8) defines consumer debt as debt incurred by an individual primarily for personal, family, or household purposes.

In Re Norris · filed 1998-07-13(8)

As a threshold matter, debtors’ obligations clearly are “primarily consumer debts,” which include “debt incurred by an individual primarily for a personal, family, or household purposes.” 11 U.S.C. § 101(8).

Section 101(8) defines consumer debt as debt incurred by an individual primarily for a personal, family, or household purpose.

In Re Rodriguez · filed 1999-01-19(8)

Although the debtor does not deny that his debts are “primarily consumer debts”, this Court nonetheless finds that all of his debts are clearly “consumer debts” as that term is defined in 11 U.S.C. § 101(8).

Section 101(8) includes alimony incurred for support without a profit motive in consumer debt.

Stewart v. United States Trustee (In Re Stewart) · filed 1999-04-22(8)

Finally, as to the alimony debt of $250,000, the weight of the case law on this issue conclusively shows it is a “consumer debt” if it is based on a non-profit ... motive.

Section 101(8) includes a residential mortgage incurred primarily for personal, family, or household purposes, even if the property is later used for business or investment.

In Re Bertolami · filed 1999-06-23(8)

Therefore, even if the Bartolamis, as of the Petition Date, utilized the Subject Property as business or investment property with “an eye toward profit,” the debt secured by that property can still be consumer debt under § 101(8).

Section 101(8) defines consumer debt as debt incurred by an individual primarily for a personal, family or household purpose.

In Re Engskow · filed 2000-02-15(8)

A “consumer debt” is defined as a debt incurred by an individual primarily for a personal, family or household purpose. 11 U.S.C. § 101(8). ... Clearly, the majority of the Debtor’s debts are consumer debts.

Section 101(8) defines consumer debt as debt incurred primarily for a personal, family, or household purpose; residential mortgage debt qualifies when the loan proceeds were not used for a business purpose.

In Re Praleikas · filed 2000-04-19(8)

For the purposes of § 707(b), “consumer debt” is defined as a “debt incurred by an individual primarily for a personal, family, or household purpose.” ... Because the Debtor has not presented any evidence suggesting that the proceeds of either mortgage were used for a business purpose, I find that both mortgages on the Debtor’s residence are consumer debts.

Section 101(8)’s definition of consumer debt excludes federal income and self-employment tax debts, even when the income was used for household expenses.

IRS v. Westberry · filed 2000-06-06(8)

The sum of these material differences leads us to conclude that Westberry’s tax debts cannot be considered consumer debt for purposes of the § 1301 codebtor stay.

Section 101(8) excludes federal income and self-employment taxes from consumer debt, even when the debtor used the income for family expenses.

In Re: Wilbur G. Westberry, Debtor. Internal Revenue Service v. Westberry · filed 2000-06-06(8)

Consumer debt is defined in the Bankruptcy Code as “debt incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(8). ... The sum of these material differences leads us to conclude that Westberry’s tax debts cannot be considered consumer debt for purposes of the § 1301 codebtor stay.

Section 101(8) defines consumer debt as debt incurred primarily for personal, family or household purposes.

Taub v. Morris (In Re Morris) · filed 2000-08-24(8)

A consumer debt is one incurred primarily for personal, family or household purposes. 11 U.S.C. § 101(8). ... Section 523(d) only applies to dischargeability litigation involving consumer debts, and Morris’ debt to Taub does not meet the statutory definition. Accordingly, Morris’ request must be denied.

Section 101(8) defines consumer debt as debt incurred primarily for a personal, family, or household purpose; debt incurred to speculate for profit does not qualify.

Lind-Waldock & Co. v. Morehead · filed 2001-01-03(8)

A consumer debt is one incurred "by an individual primarily for a personal, family, or household purpose." 11 U.S.C. § 101(8). A debt incurred with a profit motive is not incurred "primarily for a per- sonal, family, or household purpose" and therefore is not a consumer debt.

Section 101(8) treats a purchase money mortgage on a debtor’s residence as consumer debt.

In Re Hall · filed 2001-01-24(8)

Section 101(8) of the Bankruptcy Code defines “consumer debt” as “debt incurred by an individual primarily for a personal, family, or household purpose.” ... The court concludes, therefore, that the purchase money mortgage on the debtor’s former residence is a consumer debt.

Section 101(8) includes rent payments for a debtor’s home within consumer debt.

Colabianchi v. Thomas (In Re Thomas) · filed 2001-02-05(8)

Second, the debt at issue was the Debtors’ rent payments for the house in which they lived, which constitutes a consumer debt under § 101(8).

Section 101(8) treats debt incurred to buy a mobile home for use as a residence as consumer debt.

Hope v. United Companies Funding, Inc. (In Re Holder) · filed 2001-03-26(8)

In addition, the debt at issue is a consumer debt as defined by Section 101(8) of the Code. ... Here, the debt at issue was created by Beverly McWhorter and Richard Holder for the purchase of a mobile home to be used as their residence.

Section 101(8) includes an individual’s unpaid residential rent within the definition of consumer debt.

Brattleboro Housing Authority v. Stoltz (In Re Stoltz) · filed 2001-08-29(8)

This Court finds that a debt for an individual’s unpaid residential property rent fits within the definition of consumer debt set forth in 11 U.S.C. § 101(8).

Section 101(8) includes an individual’s unpaid residential rent within the definition of consumer debt.

Brattleboro Housing Authority v. Stoltz (In Re Stoltz) · filed 2001-09-27(8)

This Court finds that a debt for an individual’s unpaid residential property rent fits within the definition of consumer debt set forth in 11 U.S.C. § 101(8).

Section 101(8) includes a home mortgage in consumer debt when the debt was incurred primarily for personal, family or household purposes rather than with an eye toward profit.

In Re Rathbun · filed 2001-12-28(8)

The Code defines consumer debt as “debt incurred by an individual primarily for a personal, family or household purpose.” 11 U.S.C. § 101(8). ... More importantly, the Rathbuns purchased and maintained the home as their residence, and there is nothing to suggest that this debt was incurred with an “eye toward profit.” Based on the record, the pertinent statute, and the applicable case law, I conclude that the debt to Sovereign is consumer in nature, and rule that they must elect and perform one of the options provided in Section 521(2)(i.e., redemption or reaffirmation).

Section 101(8) defines consumer debt as debt incurred primarily for a personal, family, or household purpose.

In Re Aiello · filed 2002-11-04(8)

The Bankruptcy Code defines “consumer debt” as “debt incurred primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(8); ... From the foregoing, it is clear that Debtor’s debts are primarily consumer debts.

Section 101(8) treats legal fees for divorce representation as consumer debt when the services were obtained primarily for a personal or family purpose.

Patti v. Fred Ehrlich, PC · filed 2003-01-08(8)

The Bankruptcy Code defines consumer debt as “debt incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(8). ... The purpose for the fees was therefore “personal,” and the bankruptcy court properly classified the debt owed Appellant as consumer debt.

Section 101(8) defines consumer debt as debt incurred primarily for personal, family, or household purposes; charges incurred with a profit motive are not consumer debts.

Compass Bank v. Meyer (In Re Meyer) · filed 2003-02-25(8)

11 U.S.C. § 101(8) defines a “consumer debt” as a “debt incurred by an individual primarily for a personal, family, or household purpose[.]” ... The charges relating to the business were incurred with a profit motive and are not considered consumer debts; thus, these charges do not fall within § 523(a)(2)(C).

Section 101(8) includes medical debt incurred by an individual for a minor child’s care within consumer debt incurred for a family purpose.

In Re Perkins · filed 2004-01-23(8)

Consumer debt is defined under 11 U.S.C. § 101(8) as “debt incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(8). The post-petition claims filed in the present case were incurred by the Debtors for the medical treatment of their minor daughter. Thus, the Debts are consumer debts under § 101(8), as they were incurred by the individual debtors for a family purpose.

Section 101(8) defines consumer debt by the primary purpose for which the debt was incurred; a loan for a farming operation is not consumer debt.

Shaffer v. BC National Banks (In Re Shaffer) · filed 2004-09-21(8)

Section 101(8) of the Bankruptcy Code defines “consumer debt” as a “debt incurred by an individual primarily for a personal, family, or household purpose.” ... Nevertheless, the issue is to what purpose the debt was incurred. Loans obtained for a farming operation are not incurred primarily for a personal, family, or household purpose. ... I find that the debt involved was not a consumer debt and that, therefore, Arthur was not entitled to the benefit of the co-debtor stay.

Section 101(8) treats debt incurred primarily to build and furnish a family home as consumer debt, even when the debtors hope the home will appreciate.

Cox v. Fokkena (In Re Cox) · filed 2004-10-19(8)

Thus, although Debtors certainly subjectively hoped that the Residence would appreciate in value, the objective evidence in the record amply supports the bankruptcy court’s finding that Debtors incurred the debts primarily for family or household purposes under § 101(8).

Section 101(8) defines consumer debt by its primary purpose; debt incurred primarily for business purposes does not qualify.

Monroe Bank & Trust v. Nowatzke (In Re Nowatzke) · filed 2004-12-21(8)

“Consumer debt” is defined as “debt incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C. § 101(8). ... Even if the Court concludes that the $230,000 note was a consumer debt, that note only represents 16% of the total debt. It is undisputed that the remainder of the debt was for business purposes. Accordingly, the Court concludes that the debt was not primarily for a personal, family or household purpose and thus is not a consumer debt.

Section 101(8) defines consumer debt as debt incurred primarily for a personal, family, or household purpose; business obligations do not qualify.

In Re Evans · filed 2004-12-23(8)

“Consumer debt” is a term defined by 11 U.S.C. § 101(8) — “consumer debt” means debt incurred by an individual primarily for a personal, family, or household purpose. There is nothing in this record to link the Merrill Lynch loan to family purposes. Likewise, the $69,000.00 debt owed to Wells Fargo on account of his guarantee of an obligation of Evans Printing Company does not fall into this category.