How the Means Test Works
The means test was created by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). Congress designed it to ensure Chapter 7 bankruptcy is available to people who genuinely cannot repay their debts. The test is codified at 11 U.S.C. ยง 707(b)(2).
The test has two parts. Part 1 compares your household income to the median income for your state and household size. If you're below the median, you pass automatically and qualify for Chapter 7. About 90% of people who file Chapter 7 pass based on income alone.
Part 2 applies only if your income exceeds the median. It subtracts standardized and actual expenses from your income to calculate your monthly disposable income. If the result is below the threshold, you still qualify. Many people above the median pass Part 2 after deducting housing costs, transportation, healthcare, childcare, and taxes.
This calculator checks Part 1 only. For a complete assessment including expense deductions, check your full eligibility with Frankie or read the detailed means test explainer.
What Counts as Income
- Wages, salary, tips, bonuses, and overtime
- Self-employment and business income
- Rental and investment income
- Pension and retirement distributions
- Regular contributions from anyone in the household
- Unemployment compensation
What Does NOT Count
- Social Security income (SSI, SSDI, retirement benefits) โ excluded under 11 U.S.C. ยง 101(10A)
- Payments to victims of war crimes or terrorism
If Social Security makes up a significant portion of your income, your actual means test income may be substantially lower than your total income. This exclusion alone qualifies many retirees and people with disabilities for Chapter 7.