when is the means test not required

[jamesch13]

I made a calculation of the means test and found out that i'm well over the median income. however, my debts are mostly from unpaid taxes (more than 100K) and maybe 15K on credit cards.

i've read somewhere that in chapter 7, a means test is not required if debts are not primarily consumer debts. is this true for chapter 13 also or i still have to complete this form? thanks

i have this form which i got from the internet that states: means test not required because my debt are not primarily consumer debts, now i'm confused again that's why im asking. thanks guys

[woeisme]

I'd also look into the laws about what taxes are dischargeable if I were you. I don't know that all of that 100K in tax debt can be discharged in a CH 7 even if you qualify based on it being nonconsumer debt, you might want to check into it.

[woeisme]

Looked into it myself because I was curious and thought I'd read on here elsewhere that some taxes are not dischargeable. Based on what I skimmed through on the subject, the taxes need to be more than 3 years old (and property taxes can't be discharged at all, if that matters.) Anyhow, just something else to think about.

[AngelinaCat]

Yeah, we have three years back IRS that we owe, no state income tax-YET! Sure wish we could defer part of the taxes, but oh, well...

[jamesch13]

will be filing ch.13. and decided to exclude the 3-yr old taxes and those filed within 2 years so it seems that the total of the priority tax debt is give and take 82K

[CH33 Paralegal]

unless you acquired those debts through a business that you own, and the business is separated from your consumer being, then it's pretty much a consumer debt.