Do I Qualify for Chapter 7 Bankruptcy in Florida?
Written by Blake Stewart | Florida Bar No. 84716 | Admitted 2010 | Florida Bankruptcy & Estate Planning Attorney
The Chapter 7 means test is a federal screening calculation used in many individual cases with primarily consumer debts. It compares a six-month income average with the applicable Florida median and, when required, subtracts permitted expenses to assess a presumption of abuse.
Eligibility is more than an income number
Chapter 7 eligibility depends on the complete financial picture: the nature of debts, income, prior cases, credit counseling, assets, exemptions, disclosures, and potential abuse. Passing the means test does not guarantee that every asset is protected or that every debt will be discharged.
A recent move can affect the exemption law under federal domicile rules. Recent transfers and payments, liens, and property value also deserve careful review before filing.
Step 1: calculate current monthly income
Official Form 122A-1 generally looks at income received during the six full calendar months before the filing month. For an October 10 filing, the period generally runs April 1 through September 30. A job loss, bonus, overtime, or variable business income can make that average very different from today's paycheck.
The calculation can include a nonfiling spouse's income and regular household contributions. Benefits received under the Social Security Act are excluded from current monthly income; other statutory exclusions and a marital adjustment may apply on the facts.
Step 2: compare with current Florida median figures
For cases filed on or after July 15, 2026, the U.S. Trustee Program lists the annual figures below. These change periodically, so use the table effective on the expected filing date. Household size can be fact specific.
An adjusted annualized amount at or below the applicable median generally avoids a means-test presumption of abuse. It is not an automatic entitlement to a Chapter 7 discharge.
| Household size | Median income |
|---|---|
| 1 | $69,876 |
| 2 | $86,523 |
| 3 | $97,540 |
| 4 | $114,761 |
| Each additional | $11,100 |
Step 3: apply allowed deductions when required
Above-median income does not automatically rule out Chapter 7. Official Form 122A-2 applies national and local standards, certain actual expenses, secured-debt payments, priority claims, and other statutory deductions. It does not simply subtract every line of a household budget.
The April 2025 Form 122A-2 compares 60-month disposable income with $10,275 and $17,150, including a 25-percent comparison in the middle range. Those statutory amounts change periodically. Use the current form and data for the filing date.
Other eligibility issues
Section 707(b) generally concerns an individual whose debts are primarily consumer debts. Debt purpose requires factual classification; a "business" label does not decide it. Limited statutory means-test exemptions may apply to certain disabled veterans or qualifying military service, subject to specific conditions.
A presumption of abuse can sometimes be rebutted through documented special circumstances under section 707(b)(2)(B), with no reasonable alternative. That is a demanding legal standard. A debtor must also consider prior-case restrictions, counseling, complete disclosure, property exposure, and whether Chapter 13 better fits the goals.
Records to gather
Collect income records for at least the six full calendar months before the expected filing month, recent tax returns, bonus and overtime records, a nonfiling spouse's information, business records, mortgage and vehicle statements, taxes, insurance, childcare, health and support expenses, and a complete debt list showing why each debt arose.
Common questions
Does being below the median guarantee Chapter 7?
No. It generally avoids one means-test presumption, but eligibility, property, prior cases, good faith, and other issues still require review.
Can I file above the median?
Possibly. Form 122A-2 and the full case facts determine the next step.
Does Social Security count?
Benefits received under the Social Security Act are excluded from current monthly income, but the full household analysis may involve other income and expenses.
Related guides
General information only. Figures and forms change; a case-specific review is necessary.
Sources
U.S. Trustee Program median income table · Official Form 122A-2 · 11 U.S.C. § 707