What is the bankruptcy means test?

The means test (Official Form 122A-1) was introduced by BAPCPA in 2005 to limit access to Chapter 7 for higher-income filers. It compares your average monthly income over the last 6 calendar months to the Census Bureau's median income for your household size in your state. If your income is at or below the median, the presumption of abuse does not arise. If above, Form 122A-2 calculates allowable expenses and disposable income against the § 707(b)(2)(A)(i) thresholds.

What income counts toward the means test?

All income from all sources received in the 6 calendar months before filing — wages, self-employment net income, rental income, interest, dividends, pension distributions, unemployment compensation, alimony received, and other regular income. The big exception: Social Security benefits are explicitly excluded from the means test by 11 U.S.C. § 101(10A)(B).

Do I include my spouse's income?

If you are married and living with your spouse (and not legally separated), you must include your spouse's income on Form 122A-1 even if your spouse is not filing. The form has a column for spouse income. If your spouse's income is included, there is a separate marital adjustment deduction on Form 122A-2 for expenses your spouse pays that do not benefit the household.

What are the current median income figures?

The U.S. Trustee Program publishes updated median income tables quarterly at justice.gov/ust/means-testing. Look up your state and household size. The figures are updated based on Census Bureau American Community Survey data. This wizard shows your calculated income so you can compare — always check the official tables for the current period.

What if my income is above the median?

If your income exceeds the median, Form 122A-2 is the next form. It applies IRS expense standards and actual allowed expenses to calculate disposable monthly income, which the form then compares to the § 707(b)(2)(A)(i) safe-harbor thresholds. Whether the presumption of abuse arises or is rebutted turns on that comparison. If the presumption arises, the U.S. Trustee may file a motion to dismiss or convert to Chapter 13.

Bankruptcy tools overview

Chapter 7 qualification

Chapter 7 Means Test

Official Form 122A-1 is the first step in the Chapter 7 means test. It averages your household income over the last 6 calendar months and compares it to your state’s median income. Below the median, the form states the presumption of abuse does not arise. Above, Form 122A-2 is the next form and deducts allowed expenses. The wizard calculates your figure, surfaces the comparison, and generates a signed-ready PDF.

Debtor info

Debtor & household

The means test uses the last 6 calendar months of income to compare your income against your state’s median. When income is at or below the median, Form 122A-1 line 15 states that the presumption of abuse does not arise.

Debtor full legal name

Case number (if assigned)

State of residence

Used to compare against Census Bureau median income tables

Household size

Number of people in your household as of filing date

Filing jointly with spouse

Common questions

What income is excluded from the means test?

Social Security benefits (Title II and SSI) are explicitly excluded by 11 U.S.C. § 101(10A)(B). Veterans benefits and certain other payments may also be excluded — check with a bankruptcy attorney.

Where do I find the current median income tables?

The U.S. Trustee Program at justice.gov/ust publishes quarterly tables by state and household size. Always use the table effective for the month your case is filed.

What if I am above the median?

Form 122A-2 is the next form. It applies IRS National and Local Standards expense allowances plus actual allowed expenses, then compares your disposable monthly income to the § 707(b)(2)(A)(i) safe-harbor thresholds.

Does the means test apply to Chapter 13?

Not directly. Chapter 13 uses a similar calculation (Form 122C-1/C-2) to determine the applicable commitment period (3 or 5 years) and projected disposable income for the repayment plan.

Next form to file

Schedule J — monthly expenses — free

After the means test, build your expense schedule. Schedule J + Schedule I show the trustee your complete monthly cash flow picture.

Open Schedule J wizard

Also required in Chapter 7

Statement of intention (Form 108) — free

Tell the trustee what you plan to do with each piece of secured property — reaffirm the debt, redeem it, or surrender. Due within 30 days of filing.

Open intention wizard

Not legal advice. SynthCounsel is not a law firm. The means test thresholds and allowed deductions change periodically. Always verify current median income tables at justice.gov/ust before filing.