Means test ? Do I have to even do it?

My attorney told me that if more than 50% of my debts were due to business debts I would not have to meet the means test.

I'm currently trying to work debt settlements and avoid BK, but if I have to go through it I want a CH 7 and a fresh start.

My house is only worth around 375k with 570k (230k1st, 230k2nd and 100k3rd) in debt + I have 125k in CC debt. I also have a rental property worth 230k with 230k in loans.

Since my house is so far upside down if I go through BK I might as well move. If I can tough through it I might as well keep it.

The 100k third on my house is a business loan (tried to save ailing self-employed company) that they attached as a 3rd on my house. While possibly more of the 125k debt was used for business = 15k was a business CC.

My calculations is that if I stop paying off my 2nd mortgage they would reposses house. I'd be left with:

1st mortgage (paid off in foreclosure)

Let's assume I settle 16k in CC personal debt for 4k before BK which looks like this will happen next month.

Non-business
2nd mortgage 230k (assuming they get $0 in foreclosure)
94 CC debt
Total nonbusiness = 324k

3rd mortgage 100k
CC debt 15k
230k rental (135k 1st just rental and 95k 2nd = another business loan attached to rental).
Total business debt = 345k

Does this help me avoid the means test? My BK attorney seems to think so, but it seems ? to me.

Sincerely,
Ed