Debt Management
Determine if you might qualify for Chapter 7 bankruptcy based on your income and expenses
What this calculator does
The bankruptcy means test determines whether you qualify for Chapter 7 bankruptcy (immediate debt discharge) or must file Chapter 13 (repayment plan). It compares your income to state median income and analyzes expenses to determine disposable income available for debt repayment.
How it works
The calculator takes your household size and gross monthly income, then compares it to state median income levels. If below median, you likely qualify for Chapter 7. If above, it deducts allowed expenses to determine monthly disposable income. High disposable income may require Chapter 13.
Formula
Annual Income = Monthly Income × 12. Median Comparison = Annual Income vs. State Median for Household Size. If above median: Disposable Income = Monthly Income − Allowed Expenses. Chapter 7 qualification typically requires disposable income below certain thresholds.
Tips for using this calculator
- Gather 6 months of income documentation before calculating
- Include all household income, not just the person filing
- Allowed expenses follow IRS standards, not your actual spending
- Some expenses like child support are fully deductible
- Consult a bankruptcy attorney for accurate assessment
Frequently asked questions
What's the difference between Chapter 7 and Chapter 13?
Chapter 7 discharges most unsecured debt immediately but may require asset liquidation. Chapter 13 requires a 3-5 year repayment plan but lets you keep assets. Your means test result determines which you qualify for.
What income counts for the means test?
Include all regular income: wages, self-employment, rental income, pension, investment returns, and support payments. Use the 6-month average before filing.
Can I fail the means test but still file Chapter 7?
Yes, in some cases. If your income is above median but special circumstances exist (job loss, medical expenses), you may still qualify. A bankruptcy attorney can evaluate your options.