UAC
πŸ†˜Debt Relief

Do I Qualify for Bankruptcy? Run the Full Eligibility Check.

Does your income and situation qualify you for Chapter 7 or 13?

Educational Simulation Only. Bankruptcy qualification involves complex legal analysis. State medians and limits change periodically. Consult a licensed bankruptcy attorney before filing.

Your Eligibility Profile

Location & Household

Median (2-person): $5,712/mo

Income (6-Month Average)

$

Average of last 6 months, all sources

Means Test Deductions (Part 2)

$
$
$
$
$
$

Debt Profile

$
$
$

Prior Filings & Conditions

Related Calculators

Browse all
Save your results

Get this result by email

We'll send you this summary so you can revisit it anytime β€” useful when making a final decision.

πŸ”’ We'll only send your result. No spam, no noise.

What This Does

Filing bankruptcy without knowing whether you qualify β€” or which chapter applies to you β€” is one of the most common and costly mistakes debtors make. Chapter 7 and Chapter 13 have distinct eligibility requirements, and failing to meet them either disqualifies your filing or forces a conversion you did not plan for. This calculator runs a comprehensive bankruptcy qualification check that covers both chapters simultaneously. For Chapter 7, the primary hurdle is the means test: a two-part income calculation that compares your current monthly income (a 6-month average) to your state median and, if you exceed it, calculates your disposable income after IRS-standard expense deductions. Many people who initially believe they earn too much to qualify actually pass the means test after proper deductions for taxes, health insurance, mortgage payments, vehicle ownership, and child care are applied. For Chapter 13, the test is different: you must have regular income, your secured debt must be below approximately $1.4 million, and your unsecured debt must be below approximately $465,000 (figures as of 2024, adjusted periodically). Chapter 13 also has a look-back period β€” if you received a Chapter 13 discharge in the last 2 years or a Chapter 7 discharge in the last 4 years, you may be ineligible for another discharge. This calculator walks through every eligibility gate β€” income, debt limits, prior filings, credit counseling, and recent fraudulent transfers β€” and tells you exactly where you stand for both chapters before you spend money on an attorney consultation.

When Should You Use This?
  • β†’You want to know whether your income is too high for Chapter 7 before consulting an attorney
  • β†’You are unsure whether your debt levels qualify for Chapter 13
  • β†’You have filed bankruptcy before and need to check the waiting period between filings
  • β†’You want to understand the full qualification checklist beyond just income
  • β†’You have irregular income and are unsure how the 6-month average affects your means test
  • β†’You want to compare your qualification status for both Chapter 7 and Chapter 13 in one place
Example Scenario

Maria earns $6,100/month gross but has high deductions: $1,400 mortgage, $380 car payment, $290 health insurance for family, $420 IRS-standard living expenses, and two dependents. Her state median for a household of 3 is $6,800/month. Step 1: she is below median β€” automatic Chapter 7 eligibility. Even if above median, her Part 2 disposable income after deductions would be only $112/month, well below the $167 threshold that triggers presumption of abuse. Chapter 13 is also available: her $55,000 in unsecured debt is far below the $465,000 limit. She qualifies for both.

Frequently Asked Questions

What is the bankruptcy means test and how does it work?

The means test is a two-part income analysis required for Chapter 7 eligibility. Part 1 compares your Current Monthly Income (CMI β€” the average of the last 6 months of gross income) to your state median income for a household of your size. If your CMI is at or below the median, you automatically qualify for Chapter 7 without completing Part 2. If above the median, Part 2 calculates your disposable income after subtracting IRS National and Local Standard expense allowances, actual secured debt payments (mortgage, car), actual priority debt payments, and other allowed deductions. If the resulting monthly disposable income is below $167 (or below 25% of nonpriority unsecured debt divided by 60), you still qualify. Only if you fail both parts is there a presumption of abuse β€” which can still be rebutted in rare circumstances.

What are the income limits for Chapter 7 bankruptcy?

There is no fixed dollar amount income limit for Chapter 7. The limit is dynamic: your income must be at or below your state's median income for your household size, OR your disposable income after allowed deductions must fall below the abuse threshold. State medians vary significantly β€” a 2-person household median ranges from about $4,800/month in Mississippi to over $9,000/month in Maryland. Larger households have higher medians. You can pass the means test with a relatively high gross income if your expenses (mortgage, car, health insurance, taxes) are substantial. The calculator applies your state median and computes both parts of the test.

What are the debt limits for Chapter 13 bankruptcy?

As of 2024, Chapter 13 has debt limits of approximately $465,275 for nonpriority unsecured debt (credit cards, medical bills, personal loans) and $1,395,875 for secured debt (mortgages, car loans). These limits are adjusted every 3 years by the Judicial Conference. If your debt exceeds these limits, Chapter 13 is unavailable and you would need to consider Chapter 11, which has different requirements. Most individuals with consumer debt fall well within these limits. Business owners with both personal and business debt need to be more careful as the combined totals can approach the limits.

How long do I have to wait between bankruptcy filings?

The waiting period depends on what chapters were filed and received: Chapter 7 after Chapter 7 β€” 8 years between filing dates; Chapter 13 after Chapter 7 β€” 4 years; Chapter 7 after Chapter 13 β€” 6 years (with exceptions if you paid 100% of unsecured creditors in the prior Chapter 13, or 70% plus good faith); Chapter 13 after Chapter 13 β€” 2 years. These periods are measured from filing date to filing date, not from discharge date. If you file within the waiting period, you can still file but you will not receive a discharge β€” the automatic stay still applies temporarily, but the debt relief mechanism is unavailable.

Does everyone need to file the means test form?

Most Chapter 7 filers must complete Form 122A-1 (the means test form). Exceptions include: active-duty military reservists and National Guard members (during active duty and for 540 days after), and disabled veterans whose debt was primarily incurred while on active duty. If your CMI is below the state median, you still file Form 122A-1 but only Part 1 β€” you do not need to complete the full deduction analysis. Chapter 13 filers complete a different form (122C-1 and 122C-2) that calculates the minimum plan payment using a similar disposable income analysis, but the result determines plan payment rather than eligibility.

Related Tools

All calculators