How It Works

How the Bankruptcy
Means Test Works

Step-by-step explanation of the two-part means test with real examples.

The Two-Part Test

The means test has two parts. Part 1 compares your income to the state median. If you're below, you pass -- no further calculation needed. If above, Part 2 determines whether your disposable income is low enough to still qualify for Chapter 7.

About 70% of Chapter 7 filers pass at Part 1 (below median). Of those who proceed to Part 2, many still qualify after expense deductions.

Part 1: Income vs. Median

Calculate your "current monthly income" (CMI): total household gross income over the past 6 full calendar months, divided by 6. Include wages, self-employment, rental income, pensions, unemployment, contributions from household members, and most other sources. Exclude Social Security.

Multiply CMI by 12 to annualize. Compare to your state's median income for your household size. Below median = pass.

Part 2: Disposable Income

If above median, subtract allowed expenses: IRS Local Standards (housing, utilities), IRS National Standards (food, clothing, personal care), transportation (ownership costs, operating costs), actual secured debt payments, priority debt payments, and other authorized deductions.

If monthly disposable income x 60 is less than $8,175, you pass. If more than $13,650, you fail (presumption of abuse). In between, the calculation gets more complex.

Real Example

Jane is a single filer in Missouri. Her 6-month average gross income is $3,800/month ($45,600 annualized). Missouri's 2026 median for a household of 1 is approximately $52,000. Jane is below median -- she passes Part 1 and qualifies for Chapter 7.

Tom is a single filer in Missouri earning $5,000/month ($60,000 annualized) -- above median. After IRS Standards and deductions, his disposable income is $150/month. $150 x 60 = $9,000. This is between $8,175 and $13,650, so further analysis is needed. His attorney determines he still qualifies after additional deductions.

Frequently Asked Questions

What is the means test?
The means test determines Chapter 7 eligibility by comparing your income to your state median and calculating your disposable income after allowed expenses.
Do I have to take the means test?
All individual Chapter 7 filers must complete it. Exceptions: disabled veterans meeting certain criteria, and debtors whose debts are primarily business debts.
What if I barely fail the means test?
You can file Chapter 13, wait until your income drops, or explore whether additional deductions were missed. Many people who initially appear above the threshold qualify after proper expense analysis.
Is the means test the only eligibility requirement?
No. You also cannot have received a Chapter 7 discharge within 8 years, must have completed credit counseling, and must not have had a case dismissed for bad faith within 180 days.

Last updated: April 2026. Not legal advice.

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