Short answer: The Chapter 7 means test compares your household’s average gross income over the six months before filing against the median income for a Florida household of your size. For bankruptcy cases filed on or after July 15, 2026, the Florida medians are $69,876 for a one-person household, $86,523 for two people, $97,540 for three, and $114,761 for four. If your income is below the applicable figure, you generally qualify for Chapter 7. If it is above, you are not automatically disqualified — a second, expense-based calculation decides whether Chapter 7 is still available or Chapter 13 is the better fit.
What Is the Chapter 7 Means Test?
Congress added the means test to the Bankruptcy Code to reserve Chapter 7 — the form of bankruptcy that discharges most unsecured debt in a matter of months — for people who genuinely cannot repay their creditors. The test looks backward, not forward: it uses your current monthly income (CMI), defined as your average gross income during the six full calendar months before your filing date, then annualizes that number.
That backward-looking window matters. If you recently lost a job or had your hours cut, your six-month average may already be low enough to qualify even if your situation is improving. Conversely, a recent bonus or severance payment can temporarily inflate your average, and waiting a month or two to file can change the outcome.
Florida Median Income Limits (Cases Filed On or After July 15, 2026)
| Household size | Annual median income |
|---|---|
| 1 person | $69,876 |
| 2 people | $86,523 |
| 3 people | $97,540 |
| 4 people | $114,761 |
| Each additional person | add $11,100 |
These figures come from the U.S. Trustee Program and are updated periodically, so always confirm the current table (or ask your attorney) before relying on them.
What Counts as Income — and What Doesn’t
- Counted: wages, salary, tips, bonuses, self-employment income, rental income, pension and retirement income, unemployment compensation, and regular contributions from another person toward household expenses.
- Not counted: Social Security benefits are the most important exclusion — for many retirees and disabled filers, excluding Social Security places them comfortably below the median.
Above the Median? The Second Step
Failing the income comparison does not end the analysis. The full means test deducts allowed expenses from your income — including mortgage or rent, vehicle costs, taxes, health insurance, childcare, and certain secured debt payments — using a mix of your actual figures and IRS standards. If little or no disposable income remains, Chapter 7 may still be available. If meaningful disposable income remains, the law presumes that a Chapter 13 repayment plan is the appropriate route instead.
Two groups can bypass the means test entirely: filers whose debts are primarily business debts rather than consumer debts, and certain disabled veterans. If either might apply to you, raise it with your attorney early — it can change the whole strategy.
Why Professional Help Matters
The means test is mechanical on the surface but full of judgment calls underneath: household size disputes, irregular income, marital adjustments for non-filing spouses, and which expense standards apply. An experienced South Florida bankruptcy attorney can often qualify a client for Chapter 7 who appeared, on a first pass, to be over the limit — or show why Chapter 13 actually serves the client better, for example when a home needs to be saved from foreclosure.
Frequently Asked Questions
What is the income limit for filing Chapter 7 in Florida?
For cases filed on or after July 15, 2026, the annualized median is $69,876 for a single filer, $86,523 for a household of two, $97,540 for three, and $114,761 for four, plus $11,100 for each additional member. Below the figure for your household size, you generally pass the means test automatically.
Does my spouse’s income count if only I file?
Your spouse’s income is generally included in household income, but a “marital adjustment” removes amounts that are not used for household expenses. This is one of the most commonly litigated parts of the test, and careful documentation makes a real difference.
What happens if I fail the means test?
You are not barred from bankruptcy. Most filers who cannot use Chapter 7 qualify for Chapter 13, which restructures debt into a three-to-five-year repayment plan and offers tools Chapter 7 lacks, such as curing mortgage arrears over time.
Is Social Security income counted in the means test?
No. Social Security benefits are excluded from current monthly income, which is why many retirees qualify for Chapter 7 even with otherwise steady monthly receipts.
This article is for general information only and is not legal advice. Means test figures change regularly and outcomes depend on your specific circumstances. If you are considering bankruptcy in Hollywood or anywhere in South Florida, contact our office for a consultation and a personalized means test evaluation.