707b - what is consider "primarily consumer debts"

[badandy]

[rfassett]

I believe, and I could be wrong, that you still have to do the means test. The UST will see that your debt is primarily non-consumer and will give away 707 and look to dismiss you (if warranted) under 727.

[HHM]

I am sure there are cases the interpret "primarily". I am not sure a 51-49 percentage breakdown will qualify as primarily, but in your case, if the bulk is in the business name AND, was actually used for business expenses, you can probably wiggle out of the means test.

However, that doesn't mean you can wiggle out of the disposable income test. If you can sidestep 707B with the "business debt" exception, that means you are not automatically disqualified from filing Chapter 7 if you are above the median income. However, if you show disposable income on Schedules I & J (income and expense) on your petition, or some of your expenses are unreasonably high, you can still be pushed into a chapter 13.