The Chapter 7 means test is one part of deciding whether a bankruptcy case may proceed under Chapter 7. It uses income received during a defined six-month period, an applicable household-size category, and expense calculations. A result above Florida’s median income does not automatically prevent a Chapter 7 filing. It does mean that additional calculations may be needed.
The figures and general rules below are current as of October 22, 2026. Your rights and options depend on your specific facts and the law in effect when you file.
How the six-month lookback works
The means test uses “current monthly income,” a term that has a specific legal meaning. Generally, it is based on average income received during the six complete calendar months before the month you file, not simply what you earn now or received in the last pay period.
For example, an October 2026 filing generally looks at income received from April 1 through September 30. A November filing generally looks at May 1 through October 31.
Add the included income received during that period and divide by six to calculate the monthly average. That average is then annualized for comparison with the Florida median. Because the test looks back over six months, a recent change in earnings may not immediately show up in the average.
Income may include wages, overtime, commissions, bonuses, unemployment compensation, pensions, rental income, and certain regular contributions toward household expenses. Some kinds of income receive special treatment or may be excluded under the law. The calculation can also involve a non-filing spouse’s income, depending on the circumstances and the applicable forms.
Use records, not estimates. Pay statements, bank records, benefit statements, and other documents help identify what was received in each month. The date money was received can matter, even when it relates to work performed earlier.
How household size and median income matter
The U.S. Trustee Program publishes median-income figures for use with the bankruptcy forms. For cases filed on or after July 15, 2026, the Florida table lists these annual figures:
| Applicable family-size category | Florida median income |
|---|---|
| 1 earner | $69,876 |
| 2 people | $86,523 |
| 3 people | $97,540 |
| 4 people | $114,761 |
The published table adds $11,100 for each individual over four. The table and its filing-date range are available on the U.S. Trustee Program’s means-testing page.
The first column is labeled “1 earner”; the remaining columns are labeled by number of people. Do not assume the right category based only on the number of wage earners or the number of people who live at your address. The applicable household or family-size calculation depends on the bankruptcy forms and your circumstances. A case-specific review can help determine which category applies.
To compare income with the median, the six-month average is generally multiplied by 12. For example, the annual median listed for two people is $86,523. The matching six-month income equivalent is $43,261.50. These figures are comparison points, not a complete eligibility decision.
What happens if income appears above the median
If the calculation is above the applicable median, that does not automatically mean you cannot file Chapter 7. In cases subject to the means test, the next step may include additional calculations on Form 122A-2. That form considers allowable expenses and other statutory adjustments to assess whether a presumption of abuse arises.
The expense calculation is not simply a list of every amount a household spends. It can involve national and local standards, certain actual expenses, secured debt payments, and other rules. The treatment of an expense depends on the form instructions and the facts.
Above median is not an automatic denial. Below median is not a complete eligibility review. Other issues may matter, including the type of debt, prior bankruptcy filings, property, recent financial transactions, and the relief you need. For related general information, see the firm’s Chapter 7 exemptions article and its guide to how to file for bankruptcy in Florida.
Why filing timing can change the calculation
Each filing month creates a different six-month lookback period. If income recently increased or decreased, the average may change as higher- or lower-income months enter or leave the calculation. A bonus or period of overtime may remain in the lookback for several months, while a recent reduction in pay may take time to affect the average.
Timing should not be considered in isolation. Waiting could affect the income calculation, but it could also leave a lawsuit, garnishment, foreclosure matter, or other deadline unaddressed. Major changes to payments, property, or debt can raise separate legal concerns.
Do not delay a filing or make major financial changes based only on a general explanation of the means test. Discuss the full timeline and any urgent notices with an attorney before relying on a particular filing date.
What to gather before reviewing Chapter 7 eligibility
A focused document review can help clarify the income period, household category, and possible next steps. Gather what is available; an initial conversation does not require a perfectly organized file.
- Income records: Pay statements, bonus or commission records, unemployment or benefit statements, pension records, and documentation of other income for the relevant six months.
- Bank and deposit records: Statements that help verify when income was received, including irregular deposits.
- Household information: Details about people in the home, dependents, support, and regular contributions toward household expenses.
- Tax and expense records: Recent tax returns, insurance costs, medical expenses, childcare costs, and other records that may be relevant to the forms.
- Debt and property information: Mortgage and vehicle statements, credit-card and medical debt, and basic information about property and its value.
- Notices and prior case details: Court papers, garnishment or foreclosure notices, and information about any prior bankruptcy filing.
The firm’s bankruptcy page provides general background on both chapters. These pages offer context, not a case-specific eligibility decision.
Common questions
Is there one income limit for Chapter 7 in Florida?
No. The applicable median changes with household or family size and can be updated. Income above the median may lead to further calculations rather than an automatic bar.
Does my current paycheck determine the result?
Not by itself. The test generally averages income received during the six complete calendar months before the filing month. Current pay and recent changes may matter, but the lookback period matters too.
Does a household with two earners use the “2 people” figure?
Not necessarily. The table’s first category is labeled “1 earner,” while later categories are listed by number of people. The correct category depends on the applicable forms and facts, not only the number of wage earners.
Can I file Chapter 7 if my income is above Florida’s median?
Possibly. Above-median income may require the additional means-test calculation. The answer depends on allowable expenses, statutory adjustments, debt type, and the rest of the case.
Does passing the means test guarantee Chapter 7 eligibility?
No. The means test is not the only issue. Property, prior filings, debt type, accuracy of disclosures, and other requirements may affect the case.
Discuss the calculation before relying on a filing date
A means-test estimate can help identify questions, but it does not determine how the law applies to your complete financial picture. The U.S. Courts’ Bankruptcy Basics also explains that its general information is not a substitute for legal advice.
If you are considering how to file bankruptcy in Florida, gather your income records and any notices with deadlines. A Tamarac bankruptcy attorney can review the relevant period, household-size facts, and possible next steps. The Law Offices of Conwade D. Lewis, P.A. offers a free initial consultation, and clients speak directly with the attorney. You can request a consultation to discuss what information may be needed; submitting a website request does not protect a deadline or create an attorney-client relationship.
General information only: This article is not legal advice and does not establish an attorney-client relationship. Bankruptcy rules and means-test figures can change. Eligibility and outcomes depend on the specific facts and current law.