Public Guide
Primarily Non-Consumer Debt and the Chapter 7 Means Test
A general overview of the primarily non-consumer debt exception, debt classification, schedules, and Official Form 122A-1Supp.
Section 707(b) applies its presumption-of-abuse framework to a case filed by an individual whose debts are primarily consumer debts. Debtors asserting that their debts are not primarily consumer debts use Official Form 122A-1Supp to state an exemption from the means-test calculation.
The Bankruptcy Code defines consumer debt as debt incurred primarily for a personal, family, or household purpose. Courts classify obligations by purpose and governing precedent. A business label, creditor name, collateral type, tax characterization, or percentage shown by a simple calculator does not necessarily decide the issue.
Schedules and supporting records identify all debts, balances, co-obligors, security interests, and disputed amounts. Courts may examine how and why an obligation was incurred. Even when the presumption under § 707(b) does not apply, other eligibility, good-faith, disclosure, exemption, and dismissal rules remain.
Official Sources
This page provides general information and does not classify a debt or determine whether the means-test presumption applies.