If I Have Defaulted on My Commercial Lease, but Not Being Sued for Entire Lease Yet

[Geoffois]

If I defaulted on commercial lease in CA and I haven't been sued for damages for future losses to landlord yet, can I file for chapter 7 and be granted it? I'm understand nobody can say for sure, but I am just concerned I would be sued later when I have a job and more home equity and maybe there is someone that has experienced this also. I don't owe much outside of commercial lease and 2 mortgages.

[Mr. Knowitall]

Would you pass the means test for Chapter 7? Some people have to file under Chapter 13.

You can get a free consultation with a bankruptcy lawyer.

[Geoffois]

Would you pass the means test for Chapter 7? Some people have to file under Chapter 13.

You can get a free consultation with a bankruptcy lawyer.

I would pass the means test for sure right now. I read an article where the means test isn't used if more than 50% of one's debt is business debt. The article says the courts will usually grant the chapter 7 on those grounds. I would show the lease monthly bill being $7000 per month and that is far beyond 50% of my expenses and debt. And it is with 5 years left on it. Here is the article.

http://www.bankruptcylawnetwork.com/...ollars-a-year/