Local Colorado celebrity Tom Martino filed chapter 7 bankruptcy on September 2, 2011. In Martino’s bankruptcy petition he reported income of $453,924 just from the Troubleshooter network. How does someone who has an income greater than 97.2% of the U.S. Population get to file Chapter 7 bankruptcy and wipe over $75 million in debt? According to Martino’s bankruptcy petition, he shows net monthly income (that is left over money after expenses) of $89,860.16. Didn’t the 2005 bankruptcy amendments make it so high income earners could not file chapter 7 bankruptcy?
Mr. Martino is known as the “Troubleshooter” and hosts a radio and T.V. show providing consumer advice and advocacy and he provides a referral list of “trusted” businesses. He has other businesses and real estate holdings (which were apparently his financial downfall).
The 2005 bankruptcy amendments (otherwise known as BAPCPA) put in place a Means Test. The Means Test was designed to be a rote calculation to determine who could qualify for chapter 7 bankruptcy and who had to pay something back in chapter 13 or chapter 11 bankruptcy. You would think that someone with almost $90,000 in disposable income would be required to pay something back? Not so fast!
The bankruptcy code provides an exception. The means test is only applicable to individual filers who have primarily consumer debt. Most of Mr. Martino’s debt is related to real estate investments and business investments. As such, the majority of his debt is non-consumer debt; and according to bankruptcy code section 707(b)(1) the court may only dismiss a case of an individual with disposable income (that is a means to pay something back to creditors) only if that debtor’s debt is primarily consumer debt. Consumer debt is personal credit cards, mortgage on your primary residence, car loans, etc.
Entrepreneurs and business owners get a bankruptcy pass (so to speak) for taking risks to invest, open businesses, and employ people. If and when those endeavors fail, the bankruptcy code allows entrepreneurs to walk-away so they can continue to be contributing members of society.
Tom Martino filed a non-consumer chapter 7 bankruptcy; so even though he has plenty of money left over at the end of the month, the bankruptcy system will not require him to pay back even a portion of his debt. We shall see?




