No. U.S. Bankruptcy Judge Marvin Isgur has held in a court case in Houston that chapter 7 debtors could not count time-barred business "foreclosure deficiency" claims when determining if a chapter 7 debtor's debts were primarily consumer debts, for purposes of knowing if they had to undergo the Sec. 707(b) means test. In re Martin, Bankr. SD Texas 2013.

So business debts, and by extension any debt, cannot be counted to determine whether or not a debtor's debts are more than 50% consumer debt, if the debts are time-barred under non-bankruptcy law. All the debts, to be counted, must be within the statute of limitations and still able to legally sue the debtor.

J Thomas Black
Connect with me
Board Certified, Consumer Bankruptcy Law- Texas Board of Legal Specialization