Do I pass the bankruptcy means test?

Checked against official sources: Oct 25, 2026

If your debts are mostly consumer debts and you file Chapter 7, you take the means test. The first step compares your household's yearly income with the median income for your state and household size: below it, you usually pass.

More about this

Above it, a longer form subtracts allowed expenses; if enough income is left over, abuse is presumed and the case may be dismissed or, with your consent, changed to Chapter 13. In Chapter 13, the same comparison sets whether the plan is usually 3 or 5 years.

General legal information, not legal advice. RobinClaim is not a law firm.

Build your plan

Choose your state and answer 3 quick questions. The plan below changes as you answer: steps that don't fit your answers are hidden, and your state's deadlines appear. Your answers stay in the page address.

Your plan

Do now

  1. Look up your state's median income for your household size.

    Why: The U.S. Trustee Program publishes the official medians, and they change from time to time; use the figures for the date you file.

  2. For a household of 5 or more, add $11,100 for each person over 4.

    Why: That is the U.S. Trustee Program's amount for each extra person.

  3. If your debts are mostly business debts, ask a bankruptcy lawyer or legal aid how the rules apply to you.

    Why: The means test is for people whose debts are mostly consumer debts.

This week

  1. Fill out Official Form 122A-1 to count your income the way the court does.

    Why: It is the official Chapter 7 form for the first step of the means test: uscourts.gov/forms-rules/forms/chapter-7-statement-your-current-monthly-income-0

  2. If your income is above the median, the longer form (Official Form 122A-2) subtracts allowed expenses.

    Why: If enough income is left over ($10,275 or $17,150 over 60 months, the amounts since April 1, 2025), abuse is presumed and the case may be dismissed or, with your consent, changed to Chapter 13: uscourts.gov/forms-rules/forms/chapter-7-means-test-calculation-0

  3. In Chapter 13, the same median sets the usual length of the plan.

    Why: Below the median the plan is usually 3 years (the court can allow up to 5 for cause); at or above it, 5 years (Official Form 122C-1): uscourts.gov/forms-rules/forms/chapter-13-statement-your-current-monthly-income-and-calculation-commitment-period-0

  4. Get free or low-cost advice from legal aid or a bankruptcy lawyer.

    Why: The forms count income and expenses in detail, and we explain the rules, not which chapter fits you.

If it's not resolved

  1. Check the median figures again right before you file.

    Why: The U.S. Trustee Program updates them from time to time; the table that applies is the one for your filing date.

Deadlines

Median income for your household size

General rule: see state

Choose your state above to see its rule, or open your state's page in the list at the bottom.

Presumed abuse (above-median income)

General rule: $10,275 or $17,150 left over in 60 months (amounts since April 1, 2025)

Official source

Chapter 13 plan length

General rule: Below the median: usually 3 years; at or above it: 5 years

Official source

Credit counseling

General rule: Within 180 days before you file

Official source

Documents to gather

  • Pay stubs and other income records for the months the form asks about
  • Your recent tax returns
  • Records of benefits, support or other money your household receives
  • A list of the people in your household

Where to go

Costs

Court filing fees: Chapter 7 is $338 ($245 filing fee + $78 administrative fee + $15 trustee fee); Chapter 13 is $313 ($235 + $78). The Chapter 7 fee can be paid in up to 4 installments within 120 days (the court can allow up to 180 days for a good reason), or waived if your income is below 150% of the poverty line and you can't pay even in installments. Credit counseling agencies may charge a reasonable fee but must give the course and certificate whether or not you can pay. Bankruptcy Help Map's tables, means test check, checklist and letter are free.

Talk to a lawyer if

  • Your income is above or close to the median
  • Your debts are mostly business debts
  • Your income changes a lot from month to month
  • You filed bankruptcy before

Free help

Free civil legal aid for people with low income: find your local program through LawHelp.org (lawhelp.org) or the Legal Services Corporation (lsc.gov/about-lsc/what-legal-aid/get-legal-help). Many bankruptcy courts list free help desks and volunteer lawyer programs on their websites, and Bankruptcy Help Map lists free help for each state. Court clerks can't give legal advice.

Guides for your state

Choose your state above for direct links to its pages.

Guides for every state

Questions

Median income for your household size: what is the rule?

It depends on the state. see state

Presumed abuse: what is the rule?

$10,275 or $17,150 left over in 60 months (amounts since April 1, 2025)

Chapter 13 plan length: what is the rule?

Below the median: usually 3 years; at or above it: 5 years

Credit counseling: what is the rule?

Within 180 days before you file

When should I talk to a lawyer?

Your income is above or close to the median; Your debts are mostly business debts; Your income changes a lot from month to month; You filed bankruptcy before.

How much does it cost?

Court filing fees: Chapter 7 is $338 ($245 filing fee + $78 administrative fee + $15 trustee fee); Chapter 13 is $313 ($235 + $78). The Chapter 7 fee can be paid in up to 4 installments within 120 days (the court can allow up to 180 days for a good reason), or waived if your income is below 150% of the poverty line and you can't pay even in installments. Credit counseling agencies may charge a reasonable fee but must give the course and certificate whether or not you can pay. Bankruptcy Help Map's tables, means test check, checklist and letter are free.

Plans by state

Open the plan with one state's rules filled in:

Sources

Plan checked Oct 2026. Independently fact-checked 2026-10-25.

This plan is general legal information, not legal advice. RobinClaim is not a law firm. Laws and deadlines change and have exceptions: check with the official source or a lawyer or legal aid office about your own case. How we research.