Nonconsumer debt and 707(b) Tax versus consumer debt

[Yahoo Bot]

Steve,
I know it may be obvious, but is there any debt on Schedule D? If so, the UST will include that debt (home loans and car loans) as part of the debtor(s) consumer debt.

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[Yahoo Bot]

Good point Larry. That keeps a lot of cases within the parameters of 11 U.S.C. 707(b) because of the mortgage debt, which if a personal residence is consumer. I go the opposite way if it is a rental.
However, in this case, there is no Schedule D debt. Only E and F.
Steve

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[Yahoo Bot]

I have a case where a Chapter 7 has been put under the microscope by the UST w/ a copious production request that seems to ignore the fact that the tax debt is more than the consumer debt. The tax debt is $34,419 versus $29,786 and I gave them the spreadsheet of the calculation, but not the underlying tax transcripts.
So two questions:
1. Shouldn't I just be able to give the tax transcripts to prove the tax debt was owed and be done with this? and
2. Does anyone have a brief where they discuss the case law that makes this a nonconsumer case outside 11 U.S.C. 707(b)? If so, please share case #.
Thank you and Happy New Year to everyone.
Steve
Law Offices of Steven B. Lever
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