At page 745 Reviewing district court decisions de novo in bankruptcy appeals19 citing casesdetermining whether debt is for ‘personal, family, or household purposes’ under § 101(8
- Aspen Skiing Co. v. Cherrett (In Re Cherrett), 873 F.3d 1060 (9th Cir. 2017).published (determining whether debt is for ‘personal, family, or household purposes’ under § 101(8)
- Langdon v. WPB Polar Ridge, LLC (In re Polar Ridge, LLC), 526 B.R. 147 (W.D.N.C. 2015).publishedDistrict courts exercise de novo review over an appeal of a bankruptcy court’s decision in an adversary proceeding, “effectively standing in its shoes to consider directly the findings of fact and conclusions of law by the bankruptcy court…
- Alexandria Consulting Grp., LLC v. Alexandria Surveys Int'l LLC, 589 F. App'x 126 (4th Cir. 2014).unpublishedIn appeals from bankruptcy, “[w]e review the decision of the district court de novo, effectively standing in its shoes to consider directly the findings of fact and conclusions of law by the bankruptcy court.” In re Runski, 102 F.3d 744, 7…
- Morris v. Quigley, 673 F.3d 269 (4th Cir. 2012).publishedWhen reviewing a district court order on appeal from the bankruptcy court, we review the district court decision de novo, “effectively standing in its shoes to consider directly the findings of fact and conclusions of law by the bankruptcy…
- BNX Sys. Corp. v. Nardolilli, 368 F. App'x 339 (4th Cir. 2010).unpublishedWe agree. 3 We review the district court’s decision de novo, “effectively standing in its shoes to consider directly the findings of fact and conclusions of law by the bankruptcy court.” Cypher Chiropractic Ctr. v. Runski (In re Runski), 1…
- United Rentals, Inc. v. Angell, 592 F.3d 525 (4th Cir. 2010).publishedA. We review the district court decision de novo, “effectively standing in its shoes to consider directly the findings of fact and conclusions of law by the bankruptcy court.” Cypher Chiropractic Ctr. v. Runski (In re Runski), 102 F.3d 744…
- In re Molly Jane Coleman, Debtor. Roger Coleman, & Molly Jane Coleman, Debtor-Appellant v. Cmty. Trust Bank, D/B/A Pikeville Nat'l Bank & Trust, & Internal Revenue Serv., & United States Tr., Tr.. In Re Molly Jane Coleman, Debtor. Roger Coleman, & Molly Jane Coleman, Debtor-Appellee v. Cmty. Trust Bank, D/B/A Pikeville Nat'l Bank & Trust, & Internal Revenue Serv., & United States Tr., Tr., 426 F.3d 719 (4th Cir. 2005).publishedWe agree. 13 We review de novo the decision of the district court, "effectively standing in its shoes to consider directly the findings of fact and conclusions of law by the bankruptcy court." Cypher Chiropractic Ctr. v. Runski (In re Runs…
- Coleman v. Cmty. Trust Bank, 426 F.3d 719 (4th Cir. 2005).publishedWe review de novo the decision of the district court, “effectively standing in its shoes to consider directly the findings of fact and conclusions of law by the bankruptcy court.” Cypher Chiropractic Ctr. v. Runski (In re Runski), 102 F.3d…
- Citibank (South Dakota) N.A. v. Parker, 23 F. App'x 125 (4th Cir. 2001).unpublished II Citibank contends that the district court erred in affirming the finding of the bankruptcy court that Parker intended to pay the charges when she incurred them. ‘We review the decision of the district court de novo, effectively standing…
- Cook Grp., Inc. v. C.R. Bard, Inc. (In Re Wilson), 149 F.3d 249 (4th Cir. 1998).published On appeal from a district court’s order affirming an order of a bankruptcy court, this court reviews the decision of the district court de novo, see In Re Runski, 102 F.3d 744, 745 (4th Cir.1996), and applies the same standard of review th…
Show 8 more citing cases
- In re Pucci Shoes, Inc., Debtor. Raymond A. Yancey v. Robert Varner Virginia Varner, 120 F.3d 38 (4th Cir. 1997).published On appeal from the decision of the district court, a court of appeals exercises de novo review of the district court, “effectively standing in its shoes to consider directly the findings of fact and conclusions of law by the bankruptcy cou…
- Okoro v. Wells Fargo Bank, N.A., 567 B.R. 267 (D. Md. 2017).publishedSee Cypher Chiropractic Ctr. v. Runski, 102 F.3d 744, 745 (4th Cir. 1996).
- Stevens v. Showalter, 458 B.R. 852 (D. Md. 2011).publishedSee Cypher Chiropractic Ctr. v. Runski 102 F.3d 744, 745 (4th Cir.1996).
- TransCanada Pipelines Ltd. v. UsGen New England, Inc., 458 B.R. 195 (D. Md. 2011).publishedSee Cypher Chiropractic Ctr. v. Runski 102 F.3d 744, 745 (4th Cir.1996).
- Sheehan v. West Virginia Dep't of Env't Prot., 55 F. App'x 121 (4th Cir. 2003).unpublishedAccord Cypher Chiropractic Ctr. v. Runski (In re Runski), 102 F.3d 744, 745 (4th Cir.1996).
- In re Norman W. Shearin, Jr. Ann Shearin, Debtors. Stephen L. Beaman, Tr. v. Norman W. Shearin, Jr. Ann Shearin, 224 F.3d 346 (4th Cir. 2000).publishedSee In re Runski, 102 F.3d 744, 745 (4th Cir.1996).
- Beaman v. Shearin, No. 98-2191 (4th Cir. Aug. 17, 2000).publishedSee In re Runski, 102 F.3d 744, 745 (4th Cir. 1996).
- Sheila Trantham v. Steven Tate, 112 F.4th 223 (4th Cir. 2024).publishedSee, e.g., Cypher Chiropractic Ctr. v. Runski (In re Runski), 102 F.3d 744, 745 (4th Cir. 1996).
At page 747 Determining consumer debt based on purpose of debt16 citing cases[C]ourts have concluded uniformly that debt incurred for a business venture or with a profit motive does not fall into the category of debt incurred for "personal, family, or household purposes,
- In re Maynes, 598 B.R. 648 (Bankr. D.N.M. 2019).published“property used for business purposes or with a profit motive is not 'property intended primarily for personal ... use' within the meaning of 722.”
- In re Durant, 586 B.R. 212 (Bankr. D. Md. 2018).published (And, courts have concluded uniformly that debt incurred for a business venture or with a profit motive does not fall into the category of debt incurred for 'personal, family, or household purposes.')
- In re Paul Richard Cherrett & Colleen Courtney Cherrett, 523 B.R. 660 (B.A.P. 9th Cir. 2014).published([C]ourts have conclud *669 ed uniformly that debt incurred for a business venture or with a profit motive does not fall into the category of debt incurred for ‘personal, family, or household purposes.’)
- In re Justin Andrew DeJarnett & Melissa Nicole DeJarnett, No. 26-10180 (Bankr. W.D. Okla. July 21, 2026).He used over $63,000 of the loan to pay support to his wife and for children’s medical expenses, 14 citing Citizens Nat’l Bank v. Burns (In re Burns), 894 F.2d 361, 363 (10th Circ. 1990)11, accord Cypher Chiropractice Ctr. v. Runski (In re…
- Tristin Rae Valdivia, No. 20-00369 (Bankr. E.D.N.C. Aug. 21, 2020). “courts have concluded uniformly that debt incurred for a business venture or with a profit motive does not fall into the category of debt incurred for ‘personal, family, or household purposes”
- In re Mcelwee, 469 B.R. 566 (Bankr. M.D. Pa. 2012).published In Liegey, 2009 WL 3817902 , *3, (Bankr.M.D.Pa. 2009); In re Runski, 102 F.3d 744, 747 (4th Cir.1996).
- In re Adolph, 441 B.R. 909 (Bankr. N.D. Ill. 2011).publishedA “consumer debt” is one “incurred by an individual primarily for a personal, family, or household purpose,” 11 U.S.C. § 101 (8), in contrast to a “ ‘debt incurred for a business venture or with a profit motive,’ ” In re Sekendur, 334 B.R.…
- In re Lorenz, 368 B.R. 476 (Bankr. E.D. Va. 2007).publishedAs for the family and household use of the Vehicle, this Court previously noted that the Fourth Circuit Court of Appeals has determined that in the context of § 722 of the Code “the term ‘personal use’ was use of a non-business nature with…
- In re Phillips, 362 B.R. 284 (Bankr. E.D. Va. 2007).publishedCypher Chiropractic Ctr. v. Runski (In re Runski), 102 F.3d 744, 747 (4th Cir.1996).
- In re Schwalb, 347 B.R. 726 (Bankr. D. Nev. 2006).published(equipment held in individual's name but used in business not held for personal use within meaning of 11 U.S.C. § 722 ; "debt incurred for a business venture is not 'consumer debt’ because it is not 'debt incurred by an…)
Show 6 more citing cases
- In re Pedigo, 296 B.R. 485 (Bankr. S.D. Ind. 2003).publishedIn re Runski, 102 F.3d 744, 747 (4th Cir.1996); accord In re Booth, 858 F.2d 1051, 1055 (5th Cir.1988) (“[T]he test for determining whether a debt should be classified as a business debt, rather than a debt acquired for personal, family or…
- Lind-Waldock & Co. v. Morehead, 1 F. App'x 104 (4th Cir. 2001).unpublished([CJourts have concluded uniformly that debt incurred for a business venture or with a profit motive does not fall into the category of debt incurred for ‘personal, family, or household purposes.’)
- In re Grillot, 578 B.R. 651 (Bankr. D. Kan. 2017).published([C]ourts have concluded uniformly that debt incurred for a business venture or with a profit motive does not fall into the category of debt incurred for "personal, family, or household purposes,)
- In re Matthews, 378 B.R. 481 (Bankr. D.S.C. 2007).publishedSee Cypher Chiropractic Center v. Runski (In re Runski), 102 F.3d 744, 747 (4th Cir.1996).
- In re Rathbun, 275 B.R. 434 (Bankr. D.R.I. 2001).publishedIn re Booth, 858 F.2d 1051, 1055 (5th Cir.1988). (“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 incu…
- Stewart v. United States Tr. (In Re Stewart), 175 F.3d 796 (10th Cir. 1999).published“Consumer debt” is further distinguished from “non-consumer” debt as a debt incurred with a “profit motive.” Citizens Nat’l Bank v. Burns (In re Burns), 894 F.2d 361, 368 (10th Cir.1990); accord Cypher Chiropractic Ctr. v. Runski (In re Ru…
At page 746 Determining personal use for property redemption under section 7227 citing casessonal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if such property is exempted…
- Veit, No. 24-01012 (Bankr. N.D. Okla. Sept. 15, 2026).Cleaners & Dyers v. United States, 286 U.S. 427, 433 (1932); In re Runski, 102 F.3d 744, 746 (4th Cir. 1996). 61 See In re Sijan, 611 B.R. 850 , 855 (Bankr. S.D.
- Andrews v. Indirect Purchaser Class (IPC), No. 18-03070 (Bankr. E.D. Mich. July 23, 2019).Cypher Chiropractic Ctr. v. Runski (In re Runski), 102 F.3d 744, 746-47 (4th Cir. 1996).
- In re Henry Isaac Bushkin, No. CC-15-1285-KiKuF (B.A.P. 9th Cir. July 22, 2016).unpublished Cypher Chiropractic Ctr. v. Runski -13- 1 (In re Runski), 102 F.3d 744, 746-47 (4th Cir. 1996). 2 "It is settled in this circuit that the purpose for which the 3 debt was incurred affects whether it falls within the statutory 4 definition…
- Swartz v. Strausbaugh (In Re Strausbaugh), 376 B.R. 631 (Bankr. S.D. Ohio 2007).publishedCypher Chiropractic Ctr. v. Runski (In re Runski), 102 F.3d 744, 746-47 (4th Cir. 1996).
- In re Stovall, 209 B.R. 849 (Bankr. E.D. Va. 1997).publishedIn re Runski, 102 F.3d 744, 746-47 (4th Cir.1996).
- Ada Conde-Vidal v. Rene Pinto Lugo, BAP No. PR 18-064 (B.A.P. 1st Cir. July 29, 2020).publishedSee id. (citation omitted); see also Cypher Chiropractic Ctr. v. Runski (In re Runski), 102 F.3d 744, 746-47 (4th Cir. 1996). 16 is typically classified as a business debt, rather than a consumer debt.
At page 744 “we review legal conclusions by the bankruptcy court de novo and may overturn its factual determinations only upon a showing of clear error.”0 citing cases
Other citing cases
- In re Bertolami, 235 B.R. 493 (Bankr. S.D. Fla. 1999).published
v.
Lorraine B. RUNSKI, Debtor-Appellee
Reversed by published opinion. Judge WILKINS wrote the opinion, in which Chief Judge WILKINSON and Judge WIDENER joined.
OPINION
WILKINS, Circuit Judge:Cypher Chiropractic Center (Cypher) appeals a decision of the bankruptcy court allowing the debtor, Lorraine B. Runski, to redeem certain personal property pursuant to 11 U.S.C.A. § 722 (West 1993). We conclude that the property in question is not subject to redemption because it is not “intended primarily for personal, family, or household use.” Accordingly, we reverse.
I.
In 1993, Cypher sold its chiropractic business and all of its assets to Runski for $50,-000. Cypher financed a portion of the purchase amount, securing the loan with a Ken on the medical and office equipment included in the purchase of the business assets. Run-ski eventually defaulted on the loan and filed a Chapter 7 bankruptcy petition. The bankruptcy court granted Runski’s subsequent motion to redeem the medical and office equipment pursuant to § 722, concluding that because Runski owned the property in her own name and was the sole user, the medical and office equipment constituted “property intended primarily for personal ... use” within the meaning of that provision. The district court affirmed.
We review the decision of the district court de novo, effectively standing in its shoes to consider directly the findings of fact and conclusions of law by the bankruptcy court. Butler v. David Shaw, Inc., 72 F.3d 437, 440 (4th Cir.1996). As such, we review legal conclusions by the bankruptcy court de novo and may overturn its factual determinations only upon a showing of clear error. Id. at 441. The proper construction of the Bankruptcy Code is a question of law subject to plenary review. Id.
II.
Section 722 of the Bankruptcy Code provides:
“An individual debtor may, whether or not the debtor has waived the right to redeem under this section, redeem tangible per[*746] sonal property intended primarily for personal, family, or household use, from a lien securing a dischargeable consumer debt, if such property is exempted under section 522 of this title or has been abandoned under section 554 of this title, by paying the holder of such lien the amount of the allowed secured claim of such holder that is secured by such lien.”
11 U.S.C.A. § 722. Cypher does not dispute that the medical and office equipment at issue either is exempted or has been abandoned by the trustee, thereby making the property available for redemption. Accordingly, the principal issue before us is whether the bankruptcy court correctly determined that the property was “property intended primarily for personal, family, or household use.”
Cypher contends that the bankruptcy court erred in determining that Runski was entitled to redeem the medical and office equipment. Before the bankruptcy court, Runski agreed that the medical and office equipment is not “family” or “household” goods, but argued that because she owned the equipment in her own name and that she, herself, used it in the course of her business, the equipment was “personal” to her. The bankruptcy court agreed. [1] Cypher challenges this ruling, maintaining that the relevant consideration in determining whether property is subject to redemption under § 722 is the purpose for which the property is used, not the manner in which it is titled. And, Cypher argues, because the property was used for the purpose of conducting a business, it is not “intended primarily for personal ... use” within the meaning of § 722. We agree.
Section 722 was enacted to protect debtors from creditors with security interests in all of the debtor’s property, including household goods such as furnishings, cooking utensils, pets, clothing, or musical instruments. See H.R.Rep. No. 595, 95th Cong., 2d Sess. 127-128 (1977), reprinted in 1978 U.S.C.C.A.N. 5963, 6088-89. Although such items have little market value, they have a high replacement cost, allowing unscrupulous creditors to threaten foreclosure on all of the debtor’s personal property thereby exerting undue pressure on the debtor to reaffirm the debt. Id. Section 722 was intended to solve this problem by effectively giving the debtor a right of first refusal over a foreclosure sale, allowing the debtor to redeem the property by paying the lienholder the value of the property or the amount of the lien, whichever is less. S.Rep. No. 989, 95th Cong., 2d Sess. 7, 95 (1978), reprinted in 1978 U.S.C.C.A.N. 5787, 5793, 5881. The debtor thus is protected from having to replace mundane household items, while the creditor is assured of receiving the amount of his secured claim. H.R.Rep. No. 595 at 127, reprinted in 1978 U.S.C.C.A.N. at 6088. The provision is targeted explicitly to the problem of consumer debtors; partnership and corporate debtors are excluded. See 4 Collier on Bankruptcy ¶722.01[1] (Lawrence P. King ed., 15th ed. 1996).
The phrase “personal, family, or household use” is not defined in the Bankruptcy Code, and the limited caselaw construing § 722 is not helpful. However, similar language is found in the definition of the term “consumer debt,” which the Code defines as “debt incurred by an individual primarily for a personal, family, or household purpose.” 11 U.S.C.A. § 101(8) (West 1993). Because the rules of statutory construction require us to presume that these terms have the same meaning throughout the same act, see United [*747] States Nat’l Bank v. Independent Ins. Agents of Am., Inc., 508 U.S. 439, 460, 113 S.Ct. 2173, 2185, 124 L.Ed.2d 402 (1993), we turn to eases construing the language of § 101(8) for aid in determining the proper meaning of the nearly identical language found in § 722. [2]
In determining whether debt is for “personal, family, or household purposes” under § 101(8), courts look to the purpose for which the debt was incurred. See Zolg v. Kelly (In re Kelly), 841 F.2d 908, 913 (9th Cir.1988). And, courts have concluded uniformly that debt incurred for a business venture or with a profit motive does not fall into the category of debt incurred for “personal, family, or household purposes.” See, e.g., id. (“Debt incurred for business ventures or other profit-seeking activities is plainly not consumer debt....”); In re Bell, 65 B.R. 575, 577 (Bankr.E.D.Mich.1986) (same). In short, debt incurred for a business venture is not “consumer debt” because it is not “debt incurred by an individual primarily for a personal, family, or household purpose.”
Runski acknowledges that the medical and office equipment is used with a profit motive, i.e., she seeks to make a living as a chiropractor. Runski essentially argues, however, that because she owns the property in her own name, it is property for personal use. She asserts that any other reading of the language of § 722 would overemphasize the importance of the terms “family use” and “household use,” effectively eliminating the term “personal use” from the statute. We disagree. The terms “personal,” “family,” and “household” describe three different categories of goods, and although these eatego-ríes undoubtedly overlap to some extent — for example, a television set may be used by the debtor personally and by family members— there are some items of personal property, such as clothing, that only the debtor typically would use. Thus, excluding goods used with a profit motive from the category of “personal use” consumer goods does not read the category out of § 722. Runski’s argument also is problematic in that it focuses on the manner in which the property is titled to the exclusion of the more relevant consideration of the use of the property. Consequently, we conclude that property used for business purposes or with a profit motive is not “property intended primarily for personal ... use” within the meaning of § 722. [3]
III.
We hold that the bankruptcy court erred in determining that property is redeemable under § 722 solely because it is titled in the name of the debtor. Rather, the proper course in deciding whether personal property is “intended primarily for personal, family, or household use,” and thus is subject to redemption, is to examine the purposes for which the property is used. Because the property at issue is used solely for the operation of a business, it is not redeemable under § 722. Accordingly, we reverse. [4]
REVERSED.
. In holding that the medical and office equipment was for personal use and thus subject to redemption under § 722, the bankruptcy court noted that the right of redemption under § 722 was intended to be broader than the right of redemption under the Uniform Commercial Code. See 11 U.S.C.A. § 722 note. Of course, by its own terms § 722 is broader than the right of redemption contained in § 9-506 of the Uniform Commercial Code. See U.C.C. § 9-506, 3B U.L.A. 370 (1992). For example, § 722 does not require the debtor to pay the indebtedness in its entirety in order to redeem the property. Compare S.Rep. No. 989, 95th Cong., 2d Sess. 7, reprinted in 1978 U.S.C.C.A.N. 5787, 5793 (noting that § 722 allows a debtor to redeem property by paying the lesser of the amount of the claim or the value of the property) with U.C.C. § 9-506 official cmt., 3B U.L.A. 371 (1992) (stating that in order to redeem property under § 9-506, the debtor must pay all obligations then due and noting that " [i]f unmatured obligations remain, the security interest continues to secure them as if there had been no default”).
. The comparison between the language of § 101(8) and the language of § 722 is particularly appropriate in light of Congress’ intent to protect consumer debtors in enacting § 722. See S.Rep. No. 989 at 7, reprinted in 1978 U.S.C.C.A.N. at 5793.
. Cypher also argues that, even if the medical and office equipment is property intended for personal use within the meaning of § 722, redemption nevertheless was unavailable because the lien securing the property was not for a "consumer debt” as that term is defined in § 101(8). As discussed above, Runski purchased Cypher's business and related assets for the purpose of engaging in the practice of chiropractic medicine as a means of earning her living. Therefore, the debt secured by the medical and office equipment is not a "consumer debt,” and thus the property securing it is not subject to redemption on this additional basis.
.Runski contends that if this court concludes that the bankruptcy cotut erred in its ruling on the merits of the motion for redemption of property, we should remand for a determination of whether Cypher’s opposition to that motion was filed timely. The bankruptcy court elected to overlook any procedural failing by Cypher in favor of reaching the merits of the appropriateness of redemption. Although the record is not clear, it appears that the bankruptcy court in[*748] tended to grant an enlargement of time for the filing of an opposition pursuant to Bankruptcy Rule 9006(b)(1), 11 U.S.C.A. (West Supp.1996).