Do I pass the means test?

That depends on figures the form calculates rather than on a general rule. Households with current monthly income at or below the published state median for their household size commonly complete only Official Form 122A-1. Above the median, Official Form 122A-2 deducts allowed expenses and secured-debt payments, and the outcome of that calculation determines whether the presumption of abuse under 11 U.S.C. § 707(b)(2) arises.

Is there an official means test calculator?

The official calculation is Official Form 122A-2, the Chapter 7 Means Test Calculation, filed with the court. Court instructions direct filers to look up median family income and IRS standard amounts from published sources to complete specific lines (Bankr. S.D. Ind. official page — Chapter 7 Statement of Current Monthly Income). Our own screener walks through the same structure for orientation; it is not a filing and not a determination.

What happens if the presumption of abuse arises?

A presumption is a starting position, not an ending. The United States trustee files a statement with the court, then either moves to dismiss, moves to convert, or explains why neither is appropriate (Bankr. M.D. Fla. Procedure Manual — Presumption of Abuse - Chapter 7). Under 11 U.S.C. § 707(b)(1), conversion to Chapter 11 or 13 requires the debtor's consent. If a motion is filed, the court decides.

Does the means test apply to everyone filing Chapter 7?

No. Section 707(b) addresses cases filed by an individual debtor whose debts are primarily consumer debts, defined in 11 U.S.C. § 101(8) as incurred primarily for a personal, family, or household purpose. Official Form 122A-1Supp also covers exclusions tied to qualifying military service, including certain disabled veterans and Reservists or National Guard members called to active duty.

Is the means test the only Chapter 7 eligibility requirement?

No. Separate provisions govern who may be a debtor at all. Under 11 U.S.C. § 109, only a person residing or having a domicile, place of business, or property in the United States may be a debtor, and certain entities such as railroads, banks and insurance companies cannot file under Chapter 7. Prior filings and discharge history are addressed separately under 11 U.S.C. § 727.

What does it cost to file Chapter 7?

The Chapter 7 filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8) and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Item 9), effective December 1, 2023. Some courts allow payment in installments, and a fee waiver is conditional under § 1930(f). Attorney fees are separate and are not set by the court.

If Chapter 7 is not available, is Chapter 13 automatically the answer?

Not automatically, though it is the common alternative discussed in court materials. Chapter 13 is a voluntary repayment plan for individuals with regular income (Bankr. E.D. La. official guidance — Chapter 7 Form Packet). Its fees differ: a $235 filing fee (28 U.S.C. § 1930(a)(1)(B)) plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8). Which fits depends on facts a lawyer should review.

Eligibility & means testing

Chapter 7 Eligibility and the Means Test

The Chapter 7 means test compares your household's current monthly income to the median family income for your state and household size. Income at or below the median generally ends the analysis. Above the median, a second calculation deducts allowed expenses and certain debt payments to determine whether 11 U.S.C. § 707(b)(2) presumes the filing is an abuse.

Key points

The means test is a two-step calculation under 11 U.S.C. § 707(b)(2), not a single pass-fail score.
Current monthly income is a six-month backward-looking average, not what you earn today.
Income above your state median does not end the analysis — the second form deducts expenses and debt payments.
The presumption of abuse can be rebutted, and a case can also be converted to Chapter 13 with the debtor's consent rather than dismissed.
The means test applies to individual debtors whose debts are primarily consumer debts; separate rules and exclusions exist for some military service.

If you have read that there is a test standing between you and Chapter 7, this page explains what that test actually measures. It is an arithmetic comparison built into the Bankruptcy Code, not a judgment about you. Knowing which step you are on tells you what question to ask next.

How does the means test actually work?

The means test runs in two steps. First, you calculate current monthly income — the average monthly income from all sources during the six full months before filing (Official Form 122A-1). If two married people file together, both columns are completed. That average is compared to the median family income for your state and household size, published by the U.S. Department of Justice.

If your income is at or below the median, court guidance is that you do not complete the second form (Bankr. S.D. Iowa official guidance — Instructions - Bankruptcy Forms for Individuals). If it is above the median, you complete the Chapter 7 Means Test Calculation (Official Form 122A-2), which deducts living expenses and payments on certain debts to determine what, if anything, is available to pay unsecured creditors.

The result of that second calculation is what triggers, or does not trigger, the presumption of abuse under 11 U.S.C. § 707(b)(2).

What is current monthly income, and why is it not my salary?

Current monthly income is a backward-looking average, which is why it often surprises people. It is the average monthly income from all sources the debtor receives, whether taxable or not, derived during the six-month period ending on the last day of the calendar month immediately before the filing date (U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you?). In a joint case it includes the spouse's income.

It also includes amounts paid by any other person or entity on a regular basis for household expenses of the debtor or the debtor's dependents. Benefits received under the Social Security Act and certain other limited payments are excluded.

The practical consequence: someone who lost a job two months ago may still show a high six-month average, and someone recently promoted may show a low one. The snapshot rarely matches this month's paycheck, and that gap is a normal thing to discuss with a lawyer.

What changes the answer for someone above the median?

Above the median, expenses do most of the work. Official Form 122A-2 directs you to use the IRS National and Local Standards for certain categories, and your actual monthly expenses for the categories the IRS specifies as Other Necessary Expenses for the area where you reside (11 U.S.C. § 707). Those standard amounts are deducted regardless of what you actually spend on those categories.

Other Necessary Expenses on the form include taxes actually owed, involuntary payroll deductions, term life insurance premiums, court-ordered payments such as spousal or child support, certain education costs, childcare, and out-of-pocket health care above the standard allowance (Bankr. E.D. La. official guidance — Chapter 7 Form Packet).

The form also deducts average monthly payments on secured debts — mortgages, vehicle loans and other secured debt — calculated by adding the amounts contractually due over the 60 months after filing and dividing by 60.

What does federal law say about the presumption of abuse?

The governing provision is 11 U.S.C. § 707(b). After notice and a hearing, the court, on its own motion or a motion by the United States trustee, trustee, bankruptcy administrator, or any party in interest, may dismiss a case filed by an individual debtor whose debts are primarily consumer debts — or, with the debtor's consent, convert it to Chapter 11 or 13 — if granting relief would be an abuse of the chapter.

Under 11 U.S.C. § 707(b)(2), the court shall presume abuse exists if current monthly income, reduced by the amounts determined under the statute's expense clauses and multiplied by 60, is not less than the lesser of 25 percent of nonpriority unsecured claims or $10,275, whichever is greater, or $17,150. Those figures were adjusted by notice of the Judicial Conference effective April 1, 2025.

The statute also states that the court may not take a debtor's charitable contributions into account in the abuse determination.

Where do state or local rules differ?

The means test itself is federal, and the statutory framework in 11 U.S.C. § 707(b)(2) is the same everywhere. Two things vary by geography. The median family income figure is published by state and household size, so the number your income is compared against depends on where you live. IRS Local Standards for housing and transportation also vary by area.

Local bankruptcy rules govern the mechanics rather than the substance. Several districts require an individual Chapter 7 debtor to file the statement of current monthly income and, if income exceeds the applicable state median, the § 707(b) calculations on the appropriate Official Form (E.D. Mich. LBR 1007-4; IBR 1007-11). Alabama and North Carolina use a separately published administrative expense multiplier (U.S. Bankr. Ct. D. Ariz., Instructions for Completing the Bankruptcy Petition, Schedules and Statements).

Your state hub page carries the median and exemption figures for your state.

Median family income: published by state and household size.
IRS Local Standards: vary by the area where you reside.
Filing mechanics and deadlines: set by local bankruptcy rules.
Administrative expense multiplier: separate schedule for cases filed in Alabama and North Carolina.

What does this look like in practice, step by step?

In practice, the means test is a sequence of filings and reviews rather than a single moment. The debtor files Form 122A-1 with the petition or shortly after, and Form 122A-2 if the first form requires it (Bankr. S.D. Ind. official page — Chapter 7 Means Test Calculation).

The notice of commencement of the case includes a statement about whether the presumption of abuse arises, based on what was entered on the statement. The United States trustee reviews the statement and other materials and files a statement with the court as to whether a presumption of abuse exists. After filing a statement of presumed abuse, the United States trustee then files either a motion to dismiss or a motion to convert, or a statement explaining why such a motion is not appropriate (Bankr. M.D. Fla. Procedure Manual — Presumption of Abuse - Chapter 7).

If a motion to dismiss is filed, the court decides. A debtor may choose to proceed under another chapter instead.

What documents and information are involved?

The means test runs on documents, and gathering them early makes the rest easier. The core filings are the Chapter 7 Statement of Your Current Monthly Income (Official Form 122A-1) and, when required, the Chapter 7 Means Test Calculation (Official Form 122A-2).

A supplement, the Statement of Exemption from Presumption of Abuse Under § 707(b)(2) (Official Form 122A-1Supp), is filed by debtors who believe an exclusion applies — for example, based on debts that are not primarily consumer debts, or on qualifying military service including disabled-veteran and Reservist or National Guard categories (Bankr. M.D. La. filing packet — Ch7_Vol_Petition_ Package-2026.pdf).

Court clerks cannot help complete these forms and cannot give legal advice (Bankr. D. Mass. official page — FAQs for Debtors).

Six months of income records for every source, for every earner in the household.
Official Form 122A-1 — Chapter 7 Statement of Your Current Monthly Income.
Official Form 122A-2 — Chapter 7 Means Test Calculation, if the first form requires it.
Official Form 122A-1Supp — if you believe a consumer-debt or military-service exclusion applies.
Mortgage, vehicle and other secured-debt statements showing amounts contractually due.
Records of court-ordered payments, childcare, taxes and involuntary payroll deductions.

What should you ask a lawyer about the means test?

The means test is arithmetic, but which numbers belong on which line is judgment, and that is where a lawyer earns their fee. Court guidance is direct that bankruptcy is complex and that the odds of completing the process improve with counsel (Bankr. E.D. Mich. official guidance — A Guide for Pro Se Filers).

Court materials list advising which chapter to file, whether debts can be discharged, and whether you can keep your home or car among the things a lawyer does (Pro Se Guide). Those are precisely the questions the means test raises and does not answer.

Bring your six-month income history and the questions below to a consultation rather than trying to resolve them alone.

My six-month average does not reflect my current income — how is that handled?
Are my debts primarily consumer debts, and does that change whether the test applies?
Does any military-service exclusion apply to me?
If the presumption of abuse arises, what would rebutting it involve in this district?
If a Chapter 7 case were dismissed or converted, what would Chapter 13 look like for me?
Which IRS Local Standards apply where I live, and how do my actual expenses compare?

Frequently asked questions

Do I pass the means test?: That depends on figures the form calculates rather than on a general rule. Households with current monthly income at or below the published state median for their household size commonly complete only Official Form 122A-1. Above the median, Official Form 122A-2 deducts allowed expenses and secured-debt payments, and the outcome of that calculation determines whether the presumption of abuse under 11 U.S.C. § 707(b)(2) arises.
Is there an official means test calculator?: The official calculation is Official Form 122A-2, the Chapter 7 Means Test Calculation, filed with the court. Court instructions direct filers to look up median family income and IRS standard amounts from published sources to complete specific lines (Bankr. S.D. Ind. official page — Chapter 7 Statement of Current Monthly Income). Our own screener walks through the same structure for orientation; it is not a filing and not a determination.
What happens if the presumption of abuse arises?: A presumption is a starting position, not an ending. The United States trustee files a statement with the court, then either moves to dismiss, moves to convert, or explains why neither is appropriate (Bankr. M.D. Fla. Procedure Manual — Presumption of Abuse - Chapter 7). Under 11 U.S.C. § 707(b)(1), conversion to Chapter 11 or 13 requires the debtor's consent. If a motion is filed, the court decides.
Does the means test apply to everyone filing Chapter 7?: No. Section 707(b) addresses cases filed by an individual debtor whose debts are primarily consumer debts, defined in 11 U.S.C. § 101(8) as incurred primarily for a personal, family, or household purpose. Official Form 122A-1Supp also covers exclusions tied to qualifying military service, including certain disabled veterans and Reservists or National Guard members called to active duty.
Is the means test the only Chapter 7 eligibility requirement?: No. Separate provisions govern who may be a debtor at all. Under 11 U.S.C. § 109, only a person residing or having a domicile, place of business, or property in the United States may be a debtor, and certain entities such as railroads, banks and insurance companies cannot file under Chapter 7. Prior filings and discharge history are addressed separately under 11 U.S.C. § 727.
What does it cost to file Chapter 7?: The Chapter 7 filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)), plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8) and a $15 trustee surcharge (Bankruptcy Court Miscellaneous Fee Schedule, Item 9), effective December 1, 2023. Some courts allow payment in installments, and a fee waiver is conditional under § 1930(f). Attorney fees are separate and are not set by the court.
If Chapter 7 is not available, is Chapter 13 automatically the answer?: Not automatically, though it is the common alternative discussed in court materials. Chapter 13 is a voluntary repayment plan for individuals with regular income (Bankr. E.D. La. official guidance — Chapter 7 Form Packet). Its fees differ: a $235 filing fee (28 U.S.C. § 1930(a)(1)(B)) plus a $78 administrative fee (Bankruptcy Court Miscellaneous Fee Schedule, Item 8). Which fits depends on facts a lawyer should review.

Sources

11 U.S.C. § 707 — Dismissal of a case or conversion to a case under chapter 11 or 13 · official source
11 U.S.C. § 109 — Who may be a debtor · official source
11 U.S.C. § 101 — Definitions · official source
11 U.S.C. § 727 — Discharge · official source
Bankr. M.D. Fla. Procedure Manual — Presumption of Abuse - Chapter 7
Bankr. S.D. Iowa official guidance — Instructions - Bankruptcy Forms for Individuals
U.S. Bankr. Ct. D. Ariz., Choosing Your Chapter: What can Bankruptcy do for you? What will it do to you?
U.S. Bankr. Ct. D. Ariz., Instructions for Completing the Bankruptcy Petition, Schedules and Statements
Bankr. E.D. La. official guidance — Chapter 7 Form Packet
Bankr. M.D. La. filing packet — Ch7_Vol_Petition_ Package-2026.pdf
E.D. Mich. LBR 1007-4
IBR 1007-11
Bankr. S.D. Ind. official page — Chapter 7 Means Test Calculation
Bankr. S.D. Ind. official page — Chapter 7 Statement of Current Monthly Income
Bankr. E.D. Mich. official guidance — A Guide for Pro Se Filers
Pro Se Guide
Bankr. D. Mass. official page — FAQs for Debtors
28 U.S.C. § 1930(a)(1)(A), (f)(1)
28 U.S.C. § 1930(a)(1)(B)
Bankruptcy Court Miscellaneous Fee Schedule, Item 8
Bankruptcy Court Miscellaneous Fee Schedule, Item 9

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

Last reviewed July 26, 2026 · Sources verified July 26, 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.

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