Expert: Mark J. Markus- California Bankruptcy Attorney - 5/2/2009

Question
What documents should I produce to show that our debt was non-consumer and need to qualify for chapter 7 non consumer category.  we had to take loan and use credit card to run business

Answer
Good question.  As you apparently know, the bankruptcy means test does not apply if your debt is primarily non-consumer.

I would say that if it isn't clear from the credit card statements, you'll need to show receipts or other proof of what the cash advances or debt was used for.  The burden of proof is on you, so you need to gather whatever evidence you can.   Put yourselves in the shoes of the judge and ask yourself what evidence would satisfy you.