Legal Opinion

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

Court of Appeals for the Fifth Circuit

Decided October 27, 1988No. 88-4427PublishedCited by 91 opinions

1Opinion of the Court

JOHNSON, Circuit Judge:

Appellants Donald J. Booth and Carolyn Booth appeal the dismissal of their Chapter 7 bankruptcy petition pursuant to 11 U.S.C. § 707(b). 1 Because we determine that appellants’ debts were improperly classified, we reverse and remand.

I.BACKGROUND

Donald and Carolyn Booth, both physicians, reside in Ocean Springs, Mississippi. In addition to his medical practice, Dr. Donald Booth engaged in numerous other ventures. He owned a small office building and mini-warehouse operation, purchased the Marsh Point Marina, and was a partner in Blue Water Development Corporation, a…

2Cases cited14 opinions

  1. In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
  2. In Re BryantUnited States Bankruptcy Court, W.D. North Carolina · 1984
  3. In Re BellUnited States Bankruptcy Court, E.D. Michigan · 1986
  4. Adema v. Great Northern Development Co.District Court, N.D. Georgia · 1973
  5. Gibbs v. Randolph (In Re Randolph)United States Bankruptcy Court, E.D. Virginia · 1983

9 more not listed; retrieve them via the Exa API.

3Cited by91 opinions

  1. In Re Robert J. KESTELL, Debtor. Robert J. KESTELL, Plaintiff-Appellant, v. Janet A. KESTELL, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1996
  2. In the Matter of Daniel L. Lybrook and Linda Lou Lybrook, Debtors-AppellantsCourt of Appeals for the Seventh Circuit · 1991
  3. Stewart v. United States Trustee (In Re Stewart)Court of Appeals for the Tenth Circuit · 1999
  4. First USA v. LamannaCourt of Appeals for the First Circuit · 1998
  5. In Re Randall Clark Burns and Deborah A. Burns, Debtors. Citizens National Bank v. Randall Clark BurnsCourt of Appeals for the Tenth Circuit · 1990

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