Is Guarantee of restitution of father a consumer debt?
Posted: Wed Nov 14, 2012 8:47 pm
I have a PC who guaranteed his father's personal loan that paid off his father's restitution debt.
The lender to the father that my PC guaranteed is the former son-in-law/brother-in-law who has since divorced out of the family. The debt is around $330,000.
If nonconsumer then this debt will put the PC past the means test, which he will not pass.
I don't have time to do a lot of research now, but the bankruptcy code defines in 11 U.S.C. 101 for consumer debt is: "(8) The term "consumer debt" means debt incurred by an individual primarily for a personal, family, or household purpose."
Well, it was for his father, not for him, but this seems so outside the realm of a typical consumer debt (it doesn't "feel" like a consumer debt) that I wonder if I can label this a nonconsumer case.
Any input on this would be greatly appreciated.
Steve
Law Offices of Steven B. Lever
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