Chapter 7 Income Limits in Florida
Do You Qualify? Here's How the Means Test Actually Works
By Juan C. Burgos, Esq. | Florida Bar #84056 | Bankruptcy Attorney, Orlando FL
TL;DR: If your household income is at or below Florida's median for your family size, you automatically pass the means test and qualify for Chapter 7. If you're above it, you're not automatically disqualified — you move to a second calculation that subtracts allowed living expenses from your income. Most people who think they make "too much" still qualify once real expenses are factored in.
One of the most common reasons people never even talk to a bankruptcy attorney is the belief that they make too much money to qualify for Chapter 7. For most people, that belief is wrong — or at least incomplete. The means test has two stages, and the income limit is only the first one.
Florida's Current Median Income Limits by Household Size
These are the current thresholds for cases filed on or after July 15, 2026. If your household's gross income over the last 6 months, annualized, is at or below these numbers, you automatically pass the means test with no further calculation required.
| Household Size | Annual Income Limit |
|---|---|
| 1 person | $69,876 |
| 2 people | $86,523 |
| 3 people | $97,540 |
| 4 people | $114,761 |
| Each additional person | add $11,100 |
What If I'm Above the Limit?
Being above the median doesn't mean you're disqualified — it means you move to the second half of the means test, which subtracts IRS-allowed expenses (housing, transportation, food, healthcare, and certain debt payments) from your income to calculate your actual "disposable income." Many people who are above the median income limit still qualify for Chapter 7 once their real expenses are factored in, because the median-income comparison alone doesn't account for a mortgage, medical costs, or how many dependents you support.
The Fastest Way to Check Where You Stand
Rather than trying to run these calculations by hand, use our Florida Means Test Calculator — it walks through both stages and gives you a fast, free read on where you likely stand before you commit to a filing decision.
An Important Exception for Business Owners
If your debts are primarily business or commercial in origin rather than personal consumer debts, the means test doesn't apply to you at all. This matters a lot for small business owners: if most of what you owe traces back to the business (a merchant cash advance, a commercial lease default, a business line of credit), you may bypass the income-based means test entirely, regardless of how much you earn.
This is also part of why Subchapter V exists as a separate track for exactly this kind of debt — see our full comparison in Chapter 7 vs Subchapter V.
Frequently Asked Questions
What counts as "household income" for the means test?
Generally, your gross income (before taxes) from all sources over the 6 months before filing, annualized — not just take-home pay, and it typically includes a non-filing spouse's income if you're married.
I'm above the median income — am I automatically disqualified from Chapter 7?
No. You move to the second calculation, which subtracts allowed expenses from your income. Many people above the median still qualify.
Does the means test apply if my debt is mostly from my business?
No. The means test applies to primarily consumer debt cases. If your debts are primarily business in origin, the means test doesn't apply, though other eligibility rules still do.
How often do these income limits change?
The U.S. Trustee Program updates the underlying Census median income data roughly every six months, typically around April/May and November 1 each year.
What happens if I don't pass the means test?
You may still have options — Chapter 13 reorganization, or for a business, Subchapter V or traditional Chapter 11 — so failing the means test for Chapter 7 doesn't mean you have no path forward.
Find Out Where You Stand
Free, confidential consultation — English or Spanish.
This article is for general educational purposes and does not constitute legal advice or create an attorney-client relationship. Income limits shown reflect U.S. Trustee Program data effective for cases filed on or after July 15, 2026, and are updated periodically by the federal government. Attorney Juan C. Burgos is a federally designated debt relief agency helping families and businesses file for relief under the United States Bankruptcy Code.
Gracias a su apoyo pude organizar mi situación financiera y atravesar este proceso con confianza y esperanza.
Lo recomiendo 100 % a cualquier persona que necesite un abogado de bancarrota responsable, comprometido y verdaderamente interesado en ayudar a sus clientes.
¡Mil gracias por todo, abogado Burgos!