The means test is the income screen Congress added to Chapter 7 in 2005. Its job is to route higher-income filers toward repayment in Chapter 13 while preserving Chapter 7 relief for everyone else. It sounds intimidating, and the official forms do not help, but the logic is straightforward once you see it in order.
Here is how it actually runs, with the Florida numbers that took effect April 1, 2026.
Step 1: Calculate current monthly income
The test starts with a defined term: current monthly income, or CMI. Despite the name, it is not your income today. It is the average of everything your household received during the 6 full calendar months before the month you file.
Almost everything counts: wages, self-employment income, rental income, bonuses, unemployment in most districts, and regular contributions anyone makes to household expenses. Social Security benefits are the notable exclusion.
The 6 month lookback creates real timing strategy. If you just lost a job, every month you wait pushes a high-earning month out of the average. If you just got a raise or a large bonus, filing sooner may matter. The window is mechanical, so the calendar itself becomes a planning tool.
Step 2: Compare to the Florida median
Multiply your CMI by 12 and compare it to the Florida median income for your household size. The figures effective April 1, 2026:
| Household size | Florida median income |
|---|---|
| 1 person | $69,876 |
| 2 people | $86,523 |
| 3 people | $97,540 |
| 4 people | $114,761 |
| Each additional person | add $11,100 |
At or below the median for your household size, you pass. The means test ends there for you, and Chapter 7 eligibility is established on income grounds. These figures adjust periodically, so always confirm the current table before relying on it.
Step 3: Above the median? The expense calculation
Earning above the median does not disqualify you. It triggers the second, longer form: a detailed calculation that subtracts allowed expenses from your income to see what is left over each month.
Some expenses use IRS national and local standards, such as food, housing, and transportation allowances. Others use your actual numbers, including taxes, health insurance, secured debt payments like a mortgage and car loan, child care, and court-ordered support. What remains after all deductions is your monthly disposable income under the test.
If that number is low enough, you still qualify for Chapter 7. If it is high enough to fund a meaningful repayment, the presumption of abuse arises and Chapter 13 becomes the expected path. Plenty of above-median Floridians pass the long form, especially homeowners with significant mortgage payments, because secured debt payments are deducted.
The business debt exception
Here is the part many people never hear: the means test only applies when your debts are primarily consumer debts. If more than half of your total debt comes from business activity, including personal liability for company obligations, the means test does not apply to your case at all, whatever your income.
For former business owners carrying that liability from a closed company, this exception is often the difference between a quick Chapter 7 fresh start and years of payments.
What failing the test actually means
Failing the means test is not the end of relief. It means Chapter 7 is presumed unavailable, and the conversation turns to Chapter 13, where your plan length will be 5 years and your plan payment is built from your real budget. For some filers, special circumstances, such as a documented job loss after the lookback period, can rebut the presumption and keep Chapter 7 available. Those arguments are fact-heavy and case-specific.
Common means test mistakes
A few errors come up again and again:
- Counting the wrong months. The lookback is the 6 full calendar months before filing, not the last 180 days.
- Forgetting household contributions. A partner's regular payment of rent or bills counts toward CMI even if they are not filing.
- Missing the marital adjustment. When one spouse files alone, the non-filing spouse's income that is not used for household expenses can be backed out.
- Assuming above-median means disqualified. The long form exists precisely because many above-median filers still pass.
- Ignoring the business debt exception. If your debts are primarily business debts, the test does not apply.
The means test is one input into the larger chapter decision, which we map in which bankruptcy chapter fits you. And remember that passing or failing is measured at one moment: the filing date. Because the lookback window slides forward every month, a household that fails the test today may pass it in two or three months, and the reverse is equally true. When the numbers sit close to the line, the filing calendar deserves as much attention as the forms.
See your options
Our portal runs a preliminary means test from your real numbers in about 3 minutes. Start with the free 3-minute options check, or call Recalde Fresh Start at (305) 792-9100.