Non consumer debts to pass means test

[womanonfire]

Looking to file a chapter 7 now but there is a concern about me not qualifying because I'm not making mortgage payments. Because we had former business I used some of the cards for business expenses. Our car was also used for business related trips.

Can you claim that most of your debts are non consumer debts even though you used personal cards to acquire that debt? I would think so.

[justbroke]

It could be difficult to demonstrate that all the credit card expense, or some portion thereof, are from business. Use of a personal car for business, with mileage reimbursement, would be a non-starter because the vehicle was not acquired specifically for and for the exclusive use of the business.

I did a non-consumer, but my debt was taxes and investment property. Much easier to show that it's business debt with the investment property. While I did use a little of my homestead HELOC for business, I never used that in the calculation because I'd need to prove that it was for business. If you were mixing business and personal purchases on credit cards or other credit tools (such as a HELOC), you would likely need very-very good documentation. That documentation would be typical accounting practice at, near, or around the time of the expense.

I'm proof that you can actually file a non-consumer. It was easier for me to prove 51% of the debt was non-consumer.

[womanonfire]

It would be easy to see what cards were used and the amounts through Quickbooks. But as it stands now, I have $44,544.87 of non consumer tax and business debt and $58,802.49. That tax debt is going to increase when I file again but another $5000 I'm estimating so I'm not too far off.