Change B1 from Consumer to Non Consumer?

[sparkle]

Hello, I posted a long post yesterday and got most of my questions answered. I still one question though that I need an answer. I have filed Pro Se in Cali and most of my debt is from a failed sole pro. business and rental properties. I used online software that only does Ch. 7 and in the questionnaire, no where did it ask if most debts were consumer or business, just assumes it is consumer. When I get to the means test, it does ask me about consumer or business and I answered business. I questioned the difference when I printed out the documents to file and the answer from the cust. support was that since I personally guarantee the debt, it is considered consumer. That does not sound right. I also poised this question to an attorney and of course he said that I should not change it as the putting business opens the case up and I have to prove it is business debt. I have no problem proving it, just want to make sure the trustee does not think I am trying to hide anything by listing consumer on the B1 and then business on the means test. Should I file an amendment to change the B1 to non-consumer or not worry about it?

[southernbelle]

I filed a non-consumer chapter 7, but used an atty. All of my paperwork stated that most of the debt I had was business related. The Trustee only asked one question about that at the 341, and I was able to receive my discharge (and I had a very thorough Trustee). If you can fix it now, I say do it especially since you have proof to back it up. Being non-consumer also changes the way the local and UST look at your case, especially if you are over the Median income for your state like I was. It is in your best interest to make sure it says non-consumer if over 50% of your TOTAL debts are from your business. Trust me, you want to make sure all of your paperwork is accurate.

[myid4u2c]

I filed a non consumer C7 case and all of my personal guarantees counted. I had over 350K in lease agreements that I guaranteed. You are actually a co-debtor. Remember your mortgage for your primary house is also included in the total debt as personal debt. Good Luck!

[sparkle]

Thanks for the replies. That's what I thought, i.e., that I should file an amendment. yes, with my 9 rental properties and the business, it is over 50% of total debt not including house.

[soleprop]

to my recollection there are three forms where the nonconsumer notation is made. the petition itself has a checkbox on it, one of the schedules (can't remember which at the moment) has a checkbox on it, and the statement of financial affairs does also. hope that's any help. :P