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Chapter 7 Means-Test Screener

Compare household income to the published state median.

A means-test screener compares current monthly income as defined by 11 U.S.C. § 101(10A)—a six-month measure that excludes Social Security benefits and other payments the statute expressly excludes—to the published median for the applicable state and household size. Above-median income continues to allowed deductions under § 707(b)(2). The result is a screening indicator, not a court determination of eligibility.

Key points

  • Current monthly income is a statutory six-month measure, not simply today's pay or gross income; Social Security benefits and other payments listed in § 101(10A) are excluded.
  • Section 707(b)(2) of the Bankruptcy Code sets a presumption of abuse test that the calculation is built around.
  • Income above the state median is not the end of the analysis; allowed expense deductions come next.
  • A calculator result reflects only the numbers you type in, and errors in those numbers change everything.
  • The official calculation is done on court forms signed under penalty of perjury, not on any website.

If you have read that bankruptcy has an income test, you are probably trying to find out where you stand before you talk to anyone. That is a reasonable thing to want. This page explains what a means test calculator actually compares, what the underlying law says, and — just as important — the questions the number on your screen does not answer.

What does this tool compare?

The calculator does two things in sequence. First, it works out your current monthly income: the average monthly income you received from all sources during the six full months before filing. Official Form 122A-1 is explicit about this. If you filed on September 15, the six-month period would be March 1 through August 31, and you add those six months and divide by six.

Second, it compares that figure to the published median family income for your state and household size. Court guidance points filers to the U.S. Department of Justice for that median data, and district rules describe the comparison the same way: if current monthly income exceeds the median family income for the applicable state and household size, further calculation is required.

That is the whole comparison. Two numbers, one from your own bank records and one published by the government.

  • Six full calendar months before filing, averaged — not your annual salary and not last month
  • All sources of income, including a non-filing spouse's income in many situations
  • Compared against a published median for your state and your household size

What does the law actually say about the means test?

The means test lives in 11 U.S.C. § 707(b). Section 707(b)(1) lets a court dismiss a Chapter 7 case filed by an individual whose debts are primarily consumer debts, or convert it with the debtor's consent, if granting relief would be an abuse of that chapter.

Section 707(b)(2)(A)(i) then tells the court when it must presume abuse exists: when current monthly income, reduced by the amounts determined under clauses (ii), (iii) and (iv) and multiplied by 60, is not less than the lesser of 25 percent of nonpriority unsecured claims or $6,000, whichever is greater, or $10,000. Clause (ii) sets the expense side using IRS National and Local Standards plus actual Other Necessary Expenses.

One court's plain-language summary puts it simply: § 707(b)(2) applies a means test to determine whether a Chapter 7 filing is presumed to be an abuse requiring dismissal or conversion.

The two stages of the statutory test
StageWhat it looks at
Income comparisonSix-month average current monthly income vs. published median for state and household size
Deduction calculationIRS National and Local Standards, Other Necessary Expenses, secured and priority debt payments
Statutory thresholdRemaining income × 60, compared to the § 707(b)(2)(A)(i) amounts

How should you read the result you get?

Read it as a rough position on a map, not as an answer. A result below the published median commonly means the calculation stops at the first stage: district rules describe the further § 707(b) calculation as required only when current monthly income exceeds the median. A result above the median commonly means the second stage matters, and that stage is where allowed expenses, secured debt payments and priority claims can change the outcome substantially.

It is also worth knowing that the presumption in § 707(b)(2) is a presumption, and the statute contains exclusions. Official Form 122A-1Supp exists precisely so a filer can state that debts are not primarily consumer debts, or that qualifying military service applies, and check the box that there is no presumption of abuse.

So the honest reading is: this narrows the questions worth asking. It does not close them.

  • Below the median commonly means the longer calculation is not required
  • Above the median commonly means the expense deductions become the deciding work
  • Exclusions exist for non-consumer debts and certain military service

What does the result not tell you?

It does not tell you what will happen to your property. Property of the estate is defined by 11 U.S.C. § 541 and what you can keep depends on exemptions, which vary by state and are not part of this calculation at all.

It does not tell you which debts would survive. Dischargeability is governed by 11 U.S.C. § 523, which is a separate analysis with its own categories and exceptions.

It does not tell you whether Chapter 13 would suit your situation better, and it does not tell you what a trustee or a court would do with your actual filed numbers. The official calculation happens on Official Forms 122A-1 and 122A-2, signed by the debtor, filed with the petition or within 14 days of filing under 11 U.S.C. § 521(a)(1). Court staff cannot give legal advice about them; several districts say so directly.

And it does not check your arithmetic against your pay records. It only reflects what you entered.

  • Nothing here addresses exemptions or what property you would keep
  • Nothing here addresses which debts are dischargeable under § 523
  • Nothing here substitutes for the signed official forms filed with the court

What should you do next after running the numbers?

Start by gathering the records the calculation actually rests on. Under 11 U.S.C. § 521(a)(1), a filer must produce a list of creditors, schedules of assets and liabilities, a schedule of current income and expenditures, a statement of financial affairs, and copies of all payment advices received within 60 days before the petition date. Pulling six months of pay records is useful whether or not you ever file.

If your figures land near the median, that is a good reason to talk to a bankruptcy attorney rather than to re-run a calculator. The second-stage deductions are detailed and district practice varies.

It is also worth knowing the cost of the step you might be considering. The Chapter 7 filing fee is $245 (28 U.S.C. § 1930(a)(1)(A), (f)(1)) and the Chapter 13 filing fee is $235 (28 U.S.C. § 1930(a)(1)(B)).

  • Collect six full months of income records before relying on any estimate
  • Note household size carefully; the median comparison depends on it
  • Build a roadmap or find your local court if you want to understand the process itself

Does the means test work differently in different states?

The test itself is federal and identical everywhere: the same § 707(b)(2) framework, the same official forms, the same six-month averaging rule. What changes by state is the median family income figure the comparison uses, because that data is published per state and household size.

Districts also differ in local procedure. Some publish their own rules on when the statement of current monthly income and the means test calculation must be filed, and several require Form 122A-2 only when Form 122A-1 says it is required. One district's local rule ties the requirement directly to whether current monthly income exceeds the median family income for the applicable state and household size.

Exemptions — what property you would keep — vary far more dramatically by state, but those are a separate question from the means test and belong on your state's page.

  • The statutory framework is federal and does not vary
  • The median income figure is state-specific and household-size-specific
  • Local filing procedure and deadlines can vary by district

Why does a calculator ask about household size?

Household size drives both halves of the calculation. On the income side, the median family income you are compared against is published by state and by household size, so a different household size means a different threshold entirely.

On the expense side, Official Form 122A-2 asks for the number of people who could be claimed as exemptions on your federal income tax return, plus any additional dependents you support, and notes that this number may be different from the number of people in your household. That number is then used with the IRS National Standards to set the deduction for food, clothing and other items, and for the out-of-pocket health care allowance, which is split between people under 65 and people 65 or older.

Getting household size wrong therefore moves both the threshold and the deductions at the same time.

  • The median threshold is published per household size
  • IRS National Standard deductions scale with the number of people claimed
  • The tax-return number may differ from who lives in your home

Frequently asked questions

Does a means test calculator decide whether I can file Chapter 7?
No. It compares numbers you enter against a published median and, where relevant, the § 707(b)(2) framework. Under 11 U.S.C. § 707(b)(1), a court decides whether granting relief would be an abuse, after notice and a hearing, on a motion by the United States trustee, trustee, or a party in interest. Only a filed case reaches that decision.
What income counts in the six-month average?
Official Form 122A-1 asks for the average monthly income received from all sources during the six full months before filing, including gross wages, salary, tips, bonuses, overtime and commissions before payroll deductions, and alimony and maintenance payments. If a married debtor's spouse is filing too, or in some cases is living in the same household, that spouse's income is entered as well.
What happens if my income is above the median?
The calculation continues rather than stopping. Section 707(b)(2)(A)(ii) directs that monthly expenses be the amounts specified under the IRS National Standards and Local Standards, plus actual monthly expenses for the categories the IRS specifies as Other Necessary Expenses, for the area where the debtor resides. Deductions for secured and priority debt payments follow on Official Form 122A-2.
Do I have to file the means test forms at all?
Individual Chapter 7 debtors are generally required to file the Statement of Current Monthly Income, and district guidance describes it as due with the petition or within 14 days of filing. Whether the fuller Chapter 7 Means Test Calculation on Form 122A-2 must also be filed depends on what Form 122A-1 indicates. Court staff cannot advise you on completing them.
How much does it cost to file?
The Chapter 7 filing fee is $245 and the Chapter 13 filing fee is $235 (28 U.S.C. § 1930(a)(1)(A), (f)(1); 28 U.S.C. § 1930(a)(1)(B)). Courts also collect a $78 administrative fee for either chapter, and a $15 trustee surcharge in Chapter 7. Chapter 7 filers below 150% of the HHS poverty guidelines may apply to have the filing fee waived; the court decides.
Is there any situation where the means test does not apply?
Yes. Official Form 122A-1Supp lets a filer state that their debts are not primarily consumer debts, which are defined in 11 U.S.C. § 101(8) as incurred by an individual primarily for a personal, family, or household purpose. It also covers certain disabled veterans and Reservists or National Guard members called to active duty, under the § 707(b)(2)(D) exclusions.
Can I rely on a website calculator instead of the official forms?
No. The official calculation is made on Official Forms 122A-1 and 122A-2, which must be signed by the debtor and filed with the court. Under 11 U.S.C. § 527, filers are told that all information provided must be complete, accurate and truthful, that current monthly income and the § 707(b)(2) amounts must be stated after reasonable inquiry, and that information may be audited.

Sources

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

Last reviewed July 31, 2026 · Sources verified July 31, 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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