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Virginia Chapter 7 Means Test: Do You Qualify?

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

Important: This page provides educational information about the Chapter 7 means test in Virginia. 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.

Virginia Median Income Thresholds (2025-2026)

The table below shows the approximate annual and monthly income thresholds for Virginia 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$75,618$6,302
2 persons$98,303$8,192
3 persons$114,939$9,578
4 persons$133,844$11,154
5 persons$143,744$11,979
6 people$153,644$12,804

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

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Bankruptcy Filing in Virginia

Federal Exemptions

Not Available

Virginia requires bankruptcy filers to use state-specific exemptions rather than the federal bankruptcy exemptions. This means the property you can protect in Chapter 7 is determined entirely by Virginia state law. Understanding your state's homestead exemption, vehicle exemption, and wildcard exemption amounts is critical before filing.

Bankruptcy Districts

2 districts

Virginia has 2 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.

Virginia Income and the Means Test

With a single-person median income of $75,618, Virginia has one of the higher income thresholds in the country. This means more filers in Virginia may pass Part 1 of the means test compared to lower-income states. However, the higher cost of living in Virginia often offsets the higher median.

Tips for Filing in Virginia

  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. Review Virginia's exemption schedules carefully -- you must use state exemptions and cannot elect federal exemptions.
  3. Confirm which of Virginia's 2 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 Virginia?

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 Virginia, the current median is approximately $75,618 per year. For a family of four, it is approximately $133,844. If your income is below the median for your household size, you pass Part 1 of the means test.

What exemptions are available in Virginia bankruptcy?

Virginia requires filers to use state exemptions only -- the federal bankruptcy exemptions under 11 U.S.C. Section 522(d) are not available. Key exemptions to research include the homestead exemption, motor vehicle exemption, personal property exemption, and any wildcard exemption that may apply.

What happens if I fail the means test in Virginia?

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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