Bankruptcy / Income Limits

Chapter 7 Bankruptcy Income Limits in 2026

Written by Ben T
Updated Apr 28th, 2026
This article is for informational purposes only and should not be construed as legal or financial advice.

If you’re thinking about filing for bankruptcy, one of the first questions that usually comes up is simple: Do you even qualify for Chapter 7?

The short answer is that you qualify by passing something called the means test. But this is where many people get tripped up. The means test is not just a quick comparison of your income to a number. There are multiple steps, different rules about what income counts, and a lot of small details that can change the outcome.

For example, let’s say your average income over the last six months is technically above your state’s limit. On paper, that might look like you do not qualify. But what if you lost your job two months ago and now you are only receiving unemployment? And what if that income still puts you slightly above the limit, even though realistically you do not have stable income going forward? Situations like that are exactly why it is important to understand how the means test actually works, rather than relying on a single number.

Let me break this article into 4 parts to try to maximize helpfulness to you:

1. First, you will see the income limits table. This lets you compare your household income to the state median income for your household size. If your situation is straightforward, this alone might give you a clear answer.
2. Second, we will go through exactly what income is included in the means test, because not all income is treated the same.
3. I will walk you through all three sections of the means test, including some of the more nuanced rules, like how business debt is handled, and other details that can make a real difference in whether you qualify.
4. Lastly, I'll cover, do you qualify for Chapter 7 bankruptcy

1. Chapter 7 Income Limits By State

Please see the interactive chart below for your state, and then you can compare your income level to the income limits by state. You would just set your state and household number and then the chart will update to the amounts.

These are the updated numbers for filings on or after April 1, 2026.  Please note that the court may use an average income based on 6 months of income to determine your income, but this can be helpful to estimate. 

Chapter 7 Means Test

Check the Bankruptcy Income Limit by State

Select your state and household size to see the current Chapter 7 means test income limit.

Estimated Income Limit

$64,321

Alabama household size of 1

Income Limit Comparison Alabama

* Add $11,100 for each individual in excess of 4.

2. What Income Is Included In the Means Test?

Congress tightened the rules around Chapter 7 in 2005 when it passed the Bankruptcy Abuse Prevention and Consumer Protection Act, often called BAPCPA. Before that, qualifying for Chapter 7 was more flexible. After the change, lawmakers introduced an income-based screening system to make sure Chapter 7 was reserved for people who truly couldn’t afford to repay their debts. The idea was straightforward: if you can repay at least some of what you owe, you should be on a repayment plan rather than wiping everything out.

Why Income Limits Matter in Chapter 7

Income limits don’t stop you from filing Chapter 7, but they do determine whether you actually get relief at the end of the case.

Here’s how that plays out:

  • You can file Chapter 7 regardless of your income
  • But qualifying for a discharge depends on passing the means test
  • If your income is too high, the court can view your case as an abuse
  • That can lead to your case being dismissed or converted

In other words, filing doesn’t guarantee results. The income test is what determines whether your debts can actually be wiped out.

What Happens If Your Income Is Too High?

If your income comes in above the allowed threshold, you’re usually pushed toward Chapter 13 instead of Chapter 7.

That’s because the system assumes:

  • Higher income = ability to repay at least part of your debt
  • You should be in a structured repayment plan rather than full discharge

Chapter 13 works differently. Instead of eliminating debt immediately, you repay a portion over time based on what you can afford.

What Counts as Unsecured Debt?

When the court looks at whether you can repay debt, it focuses heavily on unsecured debts. These are obligations that aren’t tied to any collateral.

Common examples include:

  • Credit cards
  • Personal loans
  • Medical bills
  • Deficiency balances (like after a repossession)

Because there’s no asset backing these debts, they’re the primary focus in both Chapter 7 discharge and Chapter 13 repayment plans.

How the Means Test Calculates Your Income

The means test doesn’t look at what you’re making today. Instead, it averages your income over the six months before you file.

For example:

  • If you file in July, the court looks at income from January through June
  • All income during that period is totaled and averaged
  • That average is compared against your state’s income limits

This six-month snapshot is what determines whether you fall above or below the threshold.

What Income Is Included in the Means Test?

The definition of income is broader than most people expect. It’s not just your paycheck.

Here’s what typically gets included:

  • Wages, salaries, bonuses, and commissions
  • Self-employment or business income
  • Rental income
  • Unemployment benefits
  • Workers’ compensation
  • Interest, dividends, and royalties
  • Retirement income, pensions, and annuities
  • Private disability insurance
  • Child support and spousal support
  • Regular financial contributions from others in your household

What Income Is NOT Included?

There’s one major exception that can significantly impact your results.

The following types of income are excluded:

  • Social Security retirement benefits
  • Social Security Disability Insurance (SSDI)
  • Supplemental Security Income (SSI)

Because these are excluded, they don’t count against you in the means test, which can make the difference between qualifying for Chapter 7 or not.

3. How Does The Chapter 7 Bankruptcy Income Limits Work?

Let's talk about the sections of the means test and how it may apply to you.

Section One: Median Income

The first part of the means test comes down to two key numbers: your current monthly income (CMI) and your annual median income. Once you understand how those are calculated, everything else starts to make more sense.

Here’s how it works:

  • Current Monthly Income (CMI) is your average income over the six months before you file
  • You calculate it by adding up all the income from those six months and dividing by six

For example:

  • If you earned $25,000 over six months
  • Your CMI would be $4,166.67

From there, the court annualizes that number:

  • Multiply your CMI by 12
  • That gives you your annual median income

Using the same example:

  • $4,166.67 × 12 = $50,000.04

Once you have that number, it’s compared to your state’s median income for a household of your size. That’s the key checkpoint.

  • If your income is below your state’s median → you generally qualify for Chapter 7
  • If your income is above → you move on to the next part of the means test

If you fall below the median, you’re considered presumptively eligible for a discharge, assuming you meet the rest of the filing requirements.

At this stage, most people use a calculator to double-check their numbers and get a quick estimate of where they stand before going deeper into the full means test.

Section Two: Exemption from Presumption of Abuse

Not everyone has to go through the full means test. There are specific situations where you may be exempt entirely.

These exemptions usually apply if:

  • Your debts are primarily non-consumer debts (like business-related obligations)
  • You are a disabled veteran whose debts were incurred during active duty
  • You are or were a member of the National Guard or Reserves under certain qualifying conditions

If you fall into one of these categories, you may be able to bypass the standard income analysis altogether.

The official form tied to this section is called the Statement of Exemption from Presumption of Abuse under §707(b)(2), and it outlines exactly who qualifies and how to claim the exemption.

Section Three: Disposable Income

If your income is above the median, this is where things get more detailed. The court shifts from looking at what you earn to what you actually have left over each month.

This is called your disposable income.

It’s calculated by taking your income and subtracting allowed expenses, including:

  • Taxes and mandatory payroll deductions
  • Basic living expenses like food, clothing, and household needs
  • Housing costs like rent or mortgage payments
  • Transportation costs, including car payments and operating expenses
  • Health care costs and insurance premiums
  • Childcare and school-related expenses
  • Court-ordered payments like child support or alimony

What’s left after those deductions is what the court considers available to repay creditors.

A few important nuances here:

  • Expenses are partly based on household size
  • Some categories use standardized limits set at the national level
  • Not every expense is allowed

For example:

  • Luxury or non-essential expenses like high-end gym memberships may be excluded
  • If your expenses are unusually high, you may need to justify them with documentation

A common example would be higher medical costs due to a dependent’s health condition.

Can You Still Qualify If You’re Over the Median?

Yes, and this is where many people get confused. Even if your income is above your state’s median:

  • You can still qualify for Chapter 7
  • It depends on whether your disposable income falls below a certain threshold

If, after all allowed expenses, there isn’t much left over each month, the court may still allow a Chapter 7 discharge.

If there is significant disposable income, that’s when you’re more likely to be pushed into Chapter 13, where that leftover income is used to repay a portion of your debts over time.

At this point, using a means test calculator becomes especially valuable because the math gets more complex, and small details can significantly change the outcome.


4. Do you qualify for Chapter 7 Bankruptcy?

At this point, everything comes together into one core question: Do you actually qualify for Chapter 7?

The answer depends on how you perform across the full means test, not just one piece of it. Here’s the simplified way to think about it:

  • If your income is below your state’s median, you typically qualify
  • If your income is above the median, you may still qualify, depending on your expenses and disposable income
  • If your disposable income is too high, you’ll likely be pushed into Chapter 13 instead

So it’s not just about how much you make. It’s about how much you realistically have left after covering necessary living expenses.

A Simple Way to Estimate Your Qualification

You don’t need to manually run every calculation to get a solid estimate. Most people can get a very accurate answer by working through three quick steps:

1. Estimate your 6-month income: Add up everything you’ve earned over the past six months and divide by six to get your average monthly income.
2. Compare it to your state median: Use your household size and state to see whether you fall above or below the limit.
3. Factor in your monthly expenses:  If you’re above the median, subtract your necessary living expenses to estimate your disposable income. This gives you a directional answer before you even file.

Why a Calculator Is Usually the Best First Step

The reality is, the means test has a lot of moving parts. Between income types, expense categories, and allowed deductions, small details can change the outcome.

That’s why most people start with a calculator:

  • It automatically applies current income limits based on your state
  • It walks through what counts as income and what doesn’t
  • It estimates your disposable income using standard allowances
  • It helps you compare Chapter 7 with alternatives like Chapter 13

Instead of guessing, you get a structured estimate in just a few minutes.

What to Do After You Get Your Estimate

Once you have a rough idea of where you stand, the next step is understanding your options:

  • If you qualify for Chapter 7, you can move forward knowing a discharge is likely
  • If you’re close to the limit, timing your filing or adjusting deductions may matter
  • If you don’t qualify, Chapter 13 or other debt relief options may make more sense

The key takeaway is this: qualification isn’t always obvious from your income alone. The full picture matters, and running the numbers is the fastest way to get clarity