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New York Chapter 7 Means Test: Do You Qualify?

2026 median income limits for New York by household size. Free calculator and filing guide.

Important: This page provides educational information about the Chapter 7 means test in New York. Median income data is approximate, based on Census Bureau / DOJ figures effective November 2025. Figures are updated every April and November. Verify current amounts at the DOJ Means Testing page. This is not legal advice.

New York Median Income Thresholds (2025-2026)

The table below shows the approximate annual and monthly income thresholds for New York by household size. If your annualized income (6-month average multiplied by 12) is at or below the figure for your household size, you pass Part 1 of the means test.

Household SizeAnnual MedianMonthly Equivalent
1 person$72,384$6,032
2 persons$94,099$7,842
3 persons$110,024$9,169
4 persons$128,120$10,677
5 persons$138,020$11,502
6 people$147,920$12,327

For each additional person above 4, add approximately $9,900 to the 4-person figure.

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Bankruptcy Filing in New York

Federal Exemptions

Available

New York is one of the states that allows bankruptcy filers to choose between state exemptions and federal bankruptcy exemptions (11 U.S.C. Section 522(d)). This gives filers more flexibility to protect their property. In many cases, the federal exemptions offer higher protection for personal property, while state exemptions may provide better homestead coverage. A careful comparison of both sets is essential before filing.

Bankruptcy Districts

4 districts

New York has 4 federal bankruptcy districts. The district where you file depends on where you have lived for the greater part of the last 180 days. Each district may have different local rules and procedures, so check the local rules for your specific district before filing.

New York Income and the Means Test

The single-person median income threshold in New York is $72,384, which is near the national middle range. Filers whose income is close to this threshold should carefully average their last 6 calendar months of gross income. If one or two months had unusually high income (bonus, overtime, severance), waiting for those months to fall outside the 6-month window can change the result.

Tips for Filing in New York

  1. Gather all income documentation for the 6 full calendar months before your planned filing date, including pay stubs, tax returns, 1099s, and bank statements.
  2. Compare both federal and New York state exemptions to determine which set protects more of your property.
  3. Confirm which of New York's 4 bankruptcy districts covers your county, and review that district's local rules.
  4. Complete the credit counseling requirement (from an approved provider) before filing.

Frequently Asked Questions

What is the income limit for Chapter 7 bankruptcy in New York?

There is no single income limit. The means test compares your annualized income (6-month average times 12) to the median income for your household size. For a single person in New York, the current median is approximately $72,384 per year. For a family of four, it is approximately $128,120. If your income is below the median for your household size, you pass Part 1 of the means test.

Can I use federal bankruptcy exemptions in New York?

Yes. New York allows bankruptcy filers to choose between state exemptions and federal bankruptcy exemptions under 11 U.S.C. Section 522(d). You must choose one complete set -- you cannot mix and match individual exemptions from both. Compare both sets carefully with attention to the homestead, vehicle, and wildcard exemptions.

What happens if I fail the means test in New York?

Failing Part 1 of the means test (having above-median income) does not disqualify you. You must then complete Part 2 (Form 122A-2), which deducts allowable expenses -- including IRS standard amounts, actual secured debt payments, taxes, insurance, and child care. Many above-median filers pass Part 2. If you still do not pass, Chapter 13 is an alternative that allows debt repayment over 3 to 5 years with no income ceiling.

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