Do I Qualify for Chapter 7 in Florida?
You qualify for Chapter 7 bankruptcy in Florida if your household income over the past six months is below the state median for your family size — currently $69,876 for one person, $86,523 for two, $97,540 for three, and $114,761 for four. Earn more? You may still qualify after deducting allowable expenses under the means test.
The Means Test: Florida’s Chapter 7 Income Limits
Congress created the means test in 2005 to reserve Chapter 7 for people who truly cannot repay their debts. The first step is simple: take your average gross monthly income from all sources over the six full calendar months before you file, multiply it by 12, and compare it to Florida’s median family income for your household size.
For bankruptcy cases filed on or after July 15, 2026, the Florida medians (published by the U.S. Trustee Program using Census Bureau data) are: $69,876 for a one-person household, $86,523 for two people, $97,540 for three, and $114,761 for four — plus $11,100 for each additional household member. These figures are updated periodically, so the numbers that apply to your case depend on your filing date.
If your annualized income is at or below the median, you pass. Most Florida filers qualify at this first step.
Above the Median? You May Still Qualify
Failing step one is not the end. The second part of the means test subtracts allowable expenses from your income — IRS standard living allowances, secured debt payments like your mortgage and car loan, taxes, health insurance, childcare, and court-ordered support. If what’s left over (your disposable income) is too low to meaningfully repay creditors, Chapter 7 remains available.
This is where an experienced attorney earns their fee: which expenses count, and how they’re calculated, often makes the difference between qualifying for Chapter 7 and being steered into a five-year Chapter 13 repayment plan.
Income That Doesn’t Count
Not every dollar goes into the calculation. Social Security benefits are excluded from the means test, and if your debts are primarily business debts rather than consumer debts, the means test doesn’t apply to you at all. Certain disabled veterans are also exempt.
Other Requirements Beyond Income
Passing the means test isn’t the only box to check. You must complete an approved credit counseling course within 180 days before filing, and you cannot receive a Chapter 7 discharge if you already received one in a case filed within the last eight years. Honest and complete disclosure of your assets, debts, and income is required — the trustee reviews every petition.
Qualifying for Chapter 7 in Miami-Dade County
Miami-Dade cases are filed in the U.S. Bankruptcy Court for the Southern District of Florida, with the Miami division located downtown on North Miami Avenue. The same statewide income limits apply here, but Miami’s higher cost of living often works in favor of above-median filers in step two, because actual housing and transportation costs factor into the expense calculation. Arturo R. Alfonso P.A. has guided Miami families through bankruptcy in English and Spanish for over 35 years and can tell you in one consultation — usually in minutes — whether you pass the means test. If you’ve been searching for a bankruptcy attorney near me in Miami, we’re ready to run the numbers with you.
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