Can I File for Bankruptcy if I Have a Job? High Income Guide (2026)

Dec 19, 2024 | Bankruptcy

One of the biggest myths about bankruptcy is that you must be penniless or unemployed to qualify. In reality, most people who file for bankruptcy in Florida have full-time jobs. They are nurses, teachers, construction workers, and small business owners who simply cannot keep up with inflation and interest rates.

The question isn’t “Can I file?”—the question is “Which chapter is right for my income level?”

At Juan Burgos Law, we help high-income earners and working families navigate the “Means Test” to find the best path to debt relief in 2026.


The “Means Test”: Your Gateway to Chapter 7

To qualify for Chapter 7 (which wipes out debt completely), your household income must generally be below the Florida median. For cases filed in 2026, the approximate median income limits are:

  • 1 Person Household: ~$68,085
  • 2 Person Household: ~$84,305
  • 3 Person Household: ~$95,039
  • 4 Person Household: ~$111,819

What if I Make More Than the Limit?

You can still qualify! The Means Test allows us to deduct “necessary expenses” from your gross income. If you have high mortgage payments, childcare costs, health insurance premiums, or tax obligations, we can often deduct these to bring your “disposable income” down low enough to qualify for Chapter 7.

Chapter 13: The Solution for High-Income Earners

If you make too much money for Chapter 7, you are not out of luck. Chapter 13 Bankruptcy is designed specifically for people with steady income.

  • How it works: You repay a portion of your debt (based on what you can afford, not what you owe) over 3 to 5 years.
  • The Benefit: You keep all your assets (even luxury items like boats or second homes) while stopping interest and penalties on your unsecured debt.
  • The End Result: Any remaining unsecured debt (credit cards, medical bills) at the end of the plan is discharged tax-free.

Will My Employer Know?

Generally, no. Bankruptcy is a public record, but your employer is not notified unless you are filing Chapter 13 and choose to have payments deducted directly from your paycheck. There is no “bankruptcy list” sent to employers.

Furthermore, federal law (11 U.S.C. § 525) prohibits employers from firing you solely because you filed for bankruptcy.


Conclusion: Income is Not a Barrier

Having a job doesn’t mean you can afford your debt. If you are living paycheck to paycheck, paying minimums on credit cards, and getting nowhere, bankruptcy is a valid legal tool to reset your finances.

At Juan Burgos Law, we run the Means Test calculation for free during your initial consultation. We’ll tell you exactly which chapter you qualify for.

Do You Qualify?

Let’s run the numbers. Free, confidential Means Test analysis.

CALL NOW: 407-505-4190

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