Is median income the same as my salary?

No. Median income is a published table figure for your state and household size. What gets compared to it is your current monthly income, which 11 U.S.C. § 101(10A) defines as an average of income received during the six full months before filing, then annualized on the form. That average can be higher or lower than your current salary.

Where do the median income numbers come from?

The U.S. Trustee Program publishes them, identifying the data as Census Bureau median family income reproduced for use in completing the bankruptcy forms. The published tables are what the forms direct debtors to use, and district local rules such as E.D. Mo. L.R. 1007-1 point to the same source absent evidence to the contrary.

What happens if my income is above the median?

The form generally continues to a longer calculation rather than stopping. Under 11 U.S.C. § 707(b)(2), allowed expense amounts are subtracted and the result determines whether a presumption of abuse arises. That presumption is rebuttable under § 707(b)(2)(B) by demonstrating special circumstances, and the outcome is not decided by the median comparison alone.

Glossary

Median Income in Bankruptcy

Median income, in bankruptcy, is the published median family income for your state and household size that your income is compared against on the official means-test forms. The U.S. Trustee Program republishes Census Bureau data for this purpose. Your figure is compared to it under 11 U.S.C. § 707(b)(7) — a comparison, not a decision about your case.

Key points

Median income is a published table figure, not something you calculate about yourself.
It varies by state and by household size, and it is updated periodically.
Official Forms 122A-1 and 122C-1 instruct debtors to fill in the median income for their state and household size.
Being above the published median is not a rejection from Chapter 7; it moves the analysis to a further calculation.
The figure your case uses is generally the one in effect on the date the case is filed.

If you have opened a bankruptcy form or read about the means test, you have probably run into the phrase "median family income" without being told what it actually refers to. It is a lookup value, not a judgment about you. Here is what it is and where it fits.

What does median income mean here?

Median income in a bankruptcy context means the median family income published for a particular state or territory and a particular household size. It is a table figure, not a calculation you perform about your own finances.

The U.S. Trustee Program publishes this data on its means-testing pages, identifying it as Census Bureau data reproduced in a format designed for use in completing the bankruptcy forms (USTP Means Testing — Cases Filed On or After July 15, 2026). Part 2 of Official Form 122A-1 and Part 2 of Official Form 122C-1 instruct debtors to "Fill in the median income for your state and size of household."

So there are two separate numbers in play. One is the published median for your state and household size. The other is your own current monthly income, annualized, which is defined at 11 U.S.C. § 101(10A) and calculated on the form. The median is the yardstick; your figure is what gets measured against it.

It is published data, not statutory text — the amounts live in a table, not in the Bankruptcy Code.
It is set per state or territory and per household size.
Your state's figures belong on your state page, not here.

Why does median income matter in a bankruptcy case?

It matters because a comparison to it is built into the consumer bankruptcy forms in both chapters. In Chapter 7, 11 U.S.C. § 707(b)(7) is the median-income comparison; a separate provision, § 707(b)(2), sets out the presumption-of-abuse calculation that some filers reach afterward. Those are different steps, and neither one by itself decides whether a Chapter 7 case proceeds.

In Chapter 13, Official Form 122C-1 uses the same published median in calculating the commitment period for a plan.

What the comparison does is route the paperwork. Filers at or below the published median for their state and household size generally complete a shorter path through the form. Filers above it generally continue to the longer calculation, which subtracts allowed expense amounts drawn from the IRS standards the U.S. Trustee Program publishes alongside the median tables. Being above the median is a routing signal, not a rejection.

Where the published median appears on the official forms
Form	Chapter	What the median is used for
Official Form 122A-1	Chapter 7	Compare current monthly income to the state median (11 U.S.C. § 707(b)(7))
Official Form 122A-2	Chapter 7	Means test calculation reached when income exceeds the median
Official Form 122C-1	Chapter 13	Calculate the applicable commitment period

How does the median income figure work in practice?

In practice you look it up rather than derive it. You find the published table for the period in which your case is filed, locate your state or territory, read across to your household size, and enter that number on the form.

Two details matter. First, the tables are periodic: the U.S. Trustee Program publishes separate pages for separate filing windows, such as cases filed between April 1, 2026 and July 14, 2026, and cases filed on or after July 15, 2026. The figure that applies is generally the one in effect for the date your case is filed.

Second, some districts say this expressly in their local rules. In the Eastern District of Missouri, for instance, absent evidence to the contrary the median family income for purposes of § 707(b)(7) is the amount established by the Census Bureau and made available as provided by the Office of the United States Trustee (E.D. Mo. L.R. 1007-1).

Look up the table for the window your filing date falls in.
Match your state or territory and your household size.
Your own income figure is current monthly income under 11 U.S.C. § 101(10A) — the six-month average, annualized.

What do people get wrong about median income?

The most common mistake is treating the comparison as a verdict. Coming out above the published median does not end a Chapter 7 case; it moves the analysis to the further calculation under 11 U.S.C. § 707(b)(2), and a presumption of abuse that arises there is rebuttable by demonstrating special circumstances under § 707(b)(2)(B).

The second mistake is assuming the income being compared is everything you receive. Current monthly income under 11 U.S.C. § 101(10A) covers most sources, but § 101(10A)(B) excludes benefits received under the Social Security Act and certain payments to victims of war crimes, crimes against humanity, and terrorism.

The third is using a stale or out-of-state number. The figure is state-specific and household-size-specific, and it changes between published periods. A number a friend used two states away, or last year, is not your number.

Above the median is a next step, not a closed door.
The comparison uses current monthly income, not gross pay from your last pay stub.
Household size and filing period both change which figure applies.

Frequently asked questions

Is median income the same as my salary?: No. Median income is a published table figure for your state and household size. What gets compared to it is your current monthly income, which 11 U.S.C. § 101(10A) defines as an average of income received during the six full months before filing, then annualized on the form. That average can be higher or lower than your current salary.
Where do the median income numbers come from?: The U.S. Trustee Program publishes them, identifying the data as Census Bureau median family income reproduced for use in completing the bankruptcy forms. The published tables are what the forms direct debtors to use, and district local rules such as E.D. Mo. L.R. 1007-1 point to the same source absent evidence to the contrary.
What happens if my income is above the median?: The form generally continues to a longer calculation rather than stopping. Under 11 U.S.C. § 707(b)(2), allowed expense amounts are subtracted and the result determines whether a presumption of abuse arises. That presumption is rebuttable under § 707(b)(2)(B) by demonstrating special circumstances, and the outcome is not decided by the median comparison alone.
Does the median income figure change?: Yes. The U.S. Trustee Program publishes separate means-testing pages for separate filing windows, such as cases filed between April 1, 2026 and July 14, 2026 and cases filed on or after July 15, 2026. The figure that applies is generally the one in effect for the date your case is filed, so check the table for your filing period.

Sources

By Antonio G. Jimenez, Esq. · Florida Bar No. 21022

Sources verified July 28, 2026 · How we verify

Every figure on this page is drawn from a primary legal source and checked against our canonical legal database before publication. Bankruptcy.law is not a law firm and does not provide legal advice.