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The Chapter 7 "means test" employs a two-step process to determine whether or not you are eligible to file for Chapter 7 bankruptcy.
If you don't "pass" the means test, then you cannot file for Chapter 7 bankruptcy, although you may still be able to file for Chapter 13 bankruptcy.
The first step in the bankruptcy means test involves comparing your income to your state's median income for a family the same size as yours.
If your income is below the median income for your family size, there is no "presumption of abuse" and you can file for Chapter 7 bankruptcy.
However, if your income is higher than the applicable median income, a more complicated calculation process is required to determine whether or not you can file under Chapter 7. It's a good idea to talk to a bankruptcy lawyer about your eligibility.
| State | Single-Earner | 2-Person | 3-Person | *4-Person |
|---|---|---|---|---|
| * Add $6,900 for each individual in excess of 4. | ||||
| Alabama | $36,870 | $46,647 | $53,093 | $63,951 |
| Alaska | $49,325 | $71,550 | $72,079 | $91,754 |
| Arizona | $43,397 | $57,620 | $62,002 | $71,867 |
| Arkansas | $33,623 | $45,435 | $48,909 | $56,822 |
| California | $49,182 | $65,097 | $70,684 | $79,971 |
| Colorado | $46,765 | $65,668 | $70,838 | $78,905 |
| Connecticut | $57,505 | $70,827 | $85,315 | $103,408 |
| Delaware | $46,187 | $60,747 | $77,174 | $79,006 |
| District Of Columbia | $42,340 | $72,724 | $72,724 | $72,724 |
| Florida | $42,468 | $53,939 | $60,162 | $71,124 |
| Georgia | $40,760 | $54,054 | $61,959 | $71,554 |
| Hawaii | $52,784 | $66,227 | $73,187 | $88,863 |
| Idaho | $40,910 | $51,946 | $54,633 | $66,939 |
| Illinois | $47,355 | $60,049 | $68,730 | $81,184 |
| Indiana | $41,697 | $53,169 | $61,164 | $70,518 |
| Iowa | $41,381 | $54,628 | $63,888 | $74,047 |
| Kansas | $41,004 | $56,146 | $63,245 | $74,626 |
| Kentucky | $36,628 | $45,474 | $55,391 | $65,520 |
| Louisiana | $36,945 | $46,741 | $52,628 | $66,634 |
| Maine | $40,618 | $52,065 | $64,342 | $69,714 |
| Maryland | $55,543 | $73,947 | $84,952 | $103,719 |
| Massachusetts | $54,842 | $66,437 | $83,104 | $100,280 |
| Michigan | $44,703 | $53,575 | $63,339 | $76,312 |
| Minnesota | $47,592 | $62,073 | $75,603 | $87,634 |
| Mississippi | $32,348 | $41,934 | $46,470 | $55,759 |
| Missouri | $39,563 | $51,612 | $58,473 | $70,363 |
| Montana | $39,484 | $52,796 | $52,796 | $65,175 |
| Nebraska | $37,803 | $53,453 | $62,814 | $72,179 |
| Nevada | $48,194 | $60,557 | $65,783 | $74,735 |
| New Hampshire | $55,766 | $65,751 | $77,008 | $93,186 |
| New Jersey | $57,120 | $69,853 | $85,397 | $103,034 |
| New Mexico | $35,913 | $48,708 | $53,018 | $56,009 |
| New York | $46,523 | $57,006 | $67,991 | $83,036 |
| North Carolina | $38,478 | $52,355 | $57,301 | $70,134 |
| North Dakota | $38,226 | $53,389 | $67,644 | $71,751 |
| Ohio | $42,458 | $52,922 | $62,251 | $74,234 |
| Oklahoma | $38,244 | $51,322 | $54,494 | $62,049 |
| Oregon | $45,176 | $56,317 | $61,046 | $72,735 |
| Pennsylvania | $44,688 | $53,011 | $67,262 | $78,780 |
| Rhode Island | $46,466 | $59,314 | $72,809 | $91,415 |
| South Carolina | $38,728 | $50,823 | $54,834 | $65,974 |
| South Dakota | $35,533 | $51,068 | $58,135 | $69,002 |
| Tennessee | $37,702 | $48,729 | $55,190 | $64,615 |
| Texas | $38,545 | $54,908 | $57,053 | $66,400 |
| Utah | $48,832 | $56,816 | $63,796 | $71,919 |
| Vermont | $40,876 | $58,480 | $64,312 | $75,938 |
| Virginia | $49,689 | $65,342 | $73,191 | $85,769 |
| Washington | $50,656 | $63,521 | $69,577 | $82,445 |
| West Virginia | $38,706 | $42,865 | $50,997 | $59,762 |
| Wisconsin | $42,816 | $57,657 | $67,103 | $77,760 |
| Wyoming | $46,265 | $60,442 | $68,568 | $80,405 |
| Commonwealth or U.S. Territory | Single-Earner | 2-Person | 3-Person | *4-Person |
|---|---|---|---|---|
| * Add $6,900 for each individual in excess of 4. | ||||
| Guam | $36,019 | $43,066 | $49,076 | $59,389 |
| Northern Mariana Islands | $24,187 | $24,187 | $28,141 | $41,390 |
| Puerto Rico | $20,715 | $20,715 | $23,631 | $26,822 |
| Virgin Islands | $28,577 | $34,348 | $36,621 | $40,123 |
Note: "Family size" has a specific legal definition. Consult a local bankruptcy attorney for information on how these changes may impact your bankruptcy options. Although we try to keep the means test median income information on this page as up-to-date as possible, the median income table may be updated at any time, and information on this page may be out of date. The latest information can be found at the U.S. Trustee Program Web site.
Updated: March 15, 2009.
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