Legal Opinion
In re Durant
United States Bankruptcy Court, D. Maryland
Decided June 19, 2018No. Case No. 17–20232–MMHPublishedCited by 5 opinions
1Opinion of the Court
MICHELLE M. HARNER, U.S. BANKRUPTCY JUDGE
This matter presents what would appear to be a relatively simple question-i.e., what qualifies as a "consumer debt" under the U.S. Bankruptcy Code.1 But appearances can be deceiving. The Code defines a consumer debt as one incurred for a personal, family, or household purpose. 11 U.S.C. § 101(8). The purpose of the debt is the critical inquiry. The debt at issue in this matter is multi-faceted and, as such, has potentially more than one purpose. It arises both from use of certain specified funds by one of the above-captioned Debtors, as well as from a…
2Cases cited23 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Masson v. New Yorker Magazine, Inc.Supreme Court of the United States · 1991
- Monica Guessous v. Fairview Property InvestmentsCourt of Appeals for the Fourth Circuit · 2016
- Humphreys & Partners Architects v. Lessard Design, IncorporatedCourt of Appeals for the Fourth Circuit · 2015
- Emmett v. JohnsonCourt of Appeals for the Fourth Circuit · 2008
18 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- In re WongUnited States Bankruptcy Court, D. Maryland · 2019
- Ada Conde-Vidal v. Rene Pinto LugoBankruptcy Appellate Panel of the First Circuit · 2020
- Andrews v. Indirect Purchaser Class (IPC)United States Bankruptcy Court, E.D. Michigan · 2019
- Michael Chance TateUnited States Bankruptcy Court, M.D. Louisiana · 2020
- Robby D. GarnerUnited States Bankruptcy Court, D. Maryland · 2025