Last Updated September 18, 2026
Short answer
The means test looks at household income to see whether a consumer Chapter 7 case looks like you can repay creditors. It starts by comparing income to Census medians for your state and household size. If you are over the median, a second form applies allowed expenses. Chapter 13 uses related forms for plan length. Median-income figures and expense standards change periodically, so the correct U.S. Trustee Program tables should be matched to the expected filing date.
The means test exists so consumer Chapter 7 is not used when a household appears able to repay. The U.S. Trustee Program publishes the current Census median-income data and IRS expense standards used with the official bankruptcy forms.
Income compared with the median
The current-monthly-income calculation generally uses income received during the six calendar months before filing, subject to the Bankruptcy Code’s definitions and exclusions. The result is annualized and compared with the applicable Census median for household size and state.
If income is above the median
The second form deducts allowed expenses, including IRS standards and certain actual payments. If leftover income is over the legal thresholds, the case may be presumed abusive. You can try to rebut that with documented special circumstances. The U.S. Trustee can still ask the court to dismiss or convert.
Chapter 13 is not “failing” the test
People who do not qualify for Chapter 7, or who need to catch up a house or car, often file Chapter 13. Above-median Chapter 13 debtors generally propose a five-year plan. The form is a starting point. The court still has to confirm a plan you can actually pay.
What the means test does not decide
Chapter 7
A consumer Chapter 7 case that fails the means test may be dismissed or converted unless an exception or special-circumstances showing applies. Passing the means test does not guarantee a discharge.
Chapter 13
Means-test data feeds plan length and a disposable-income starting point. A higher-income Chapter 13 still has to be a plan you can pay. Priority taxes and mortgage arrears can fill the budget.
What happens next?
- 1
Bring six months of paystubs, benefit statements, and a household roster.
- 2
We compare income to the current USTP median for your state and size.
- 3
If you are over median, we complete the full deduction form before recommending a chapter.
- 4
File only when the numbers and the rest of the case (exemptions, stay needs, prior cases) fit.
How Brock & Stout can help
We gather paystubs and household facts, apply the official tables for the expected filing date, and complete the forms. If income is close to the line, we compare Chapter 7 and Chapter 13. Call or request a free consultation. We cannot promise Chapter 7 eligibility.
Frequently asked questions
On the U.S. Trustee Program means-testing site. They change several times a year. We use the table that matches the filing date. For a screening comparison — not a Chapter 7 eligibility decision — use the Chapter 7 income screening tool. The USTP site remains the official source.
Some benefits can be excluded. Do not assume every benefit is in or out. Tell us every income source.
Related resources
- Can Bankruptcy Eliminate Tax Debt? — Can Bankruptcy Eliminate Tax Debt?
Some older income-tax liabilities may be dischargeable when the Bankruptcy Code’s timing, return-filing, assessment, and other requirements are satisfied. Recent income taxes, many payroll and trust-fund taxes, and other priority or excepted tax debts generally require different treatment. Chapter 13 can provide a structured way to pay qualifying tax claims.
- Converting Between Chapter 7 and Chapter 13 — Converting Between Chapter 7 and Chapter 13
A pending bankruptcy case can sometimes be converted between Chapter 7 and Chapter 13. Eligibility for the destination chapter and the consequences of conversion still have to be evaluated. In a consumer case converting to Chapter 7, the Chapter 7 means-test analysis may apply. Conversion can also affect property, secured debts, plan treatment, trustee administration, and court fees.
- Debts Bankruptcy May Eliminate — Debts Bankruptcy May Eliminate
Bankruptcy can discharge many qualifying unsecured debts, including many credit-card balances and medical bills. Domestic support obligations, most student loans covered by § 523(a)(8), certain taxes, and other categories are treated differently. The appropriate chapter depends on your debts, income, property, and financial goals.
- What Happens at a 341 Meeting? — What Happens at a 341 Meeting?
After you file, you must attend a meeting of creditors. You answer the trustee’s questions under oath about your papers and what you own. Creditors may attend. In many consumer cases they do not. It is not the discharge hearing and not a trial.
- What Is a Bankruptcy Discharge? — What Is a Bankruptcy Discharge?
A discharge is a court order that stops a creditor from collecting qualifying debts from you personally. It is not a refund. It does not, by itself, clear a title or remove a mortgage or car lien. Not every debt qualifies. Timing differs in Chapter 7 and Chapter 13.
Related tools
- Chapter 7 income screening tool — Chapter 7 income screening tool
Uses the current U.S. Trustee Program median-income table. Screening only.
Talk with a bankruptcy attorney
We can review your debts, property, and goals and explain Chapter 7 and Chapter 13 options that may be available.
Prefer to send us your information? Start a case evaluation.
This page is general educational information about bankruptcy as of the date shown. It is not legal advice, does not create an attorney-client relationship, and does not guarantee results. Outcomes depend on individual facts and current federal and state law. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
