Before you can file Chapter 7, you need to find out if you qualify. This guide explains everything you need to know about Chapter 7 eligibility, including the Means Test, income limits, and other key requirements.

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What Is the Chapter 7 Bankruptcy Means Test?

The Chapter 7 Means Test determines if your income is low enough to qualify for Chapter 7 bankruptcy. It's the most important part of the qualification process.

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How the Means Test Works:

1. Compare your household income to your state’s median income.

2. If your income is below the median, you automatically pass.

3. If your income is above the median, you can still qualify by deducting allowed living expenses.

➡️ Not sure if you pass the Means Test? Our attorneys will run it for free.

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2025 Chapter 7 Income Limits by Household Size

Household Size    Median Annual Income in Florida

     1 person                   $65,801 

     2 persons                 $81,109 

     3 persons                 $93,983

     4 persons                 $107,712

     5 persons                 $118,812​

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Chapter 7 Bankruptcy Eligibility Checklist

To qualify for Chapter 7 bankruptcy, you must meet the following:

 

Basic Eligibility Requirements:

• You pass the Means Test

• You haven’t filed Chapter 7 in the last 8 years

• You haven’t filed Chapter 13 in the last 6 years

• You completed a credit counseling course within the last 180 days

• You are not trying to abuse the bankruptcy system

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Reasons You May Not Qualify for Chapter 7 Bankruptcy

Even if you pass the Means Test, your case could be denied if:

• You transferred or hid assets to avoid creditors

• You provided false information in your bankruptcy forms

• You failed to attend the required 341 Meeting of Creditors

• You didn’t complete the pre-bankruptcy credit counseling course

If Chapter 7 isn’t available, you may still qualify for Chapter 13 bankruptcy.

 

Chapter 7 vs. Chapter 13 Bankruptcy – Which One is Right?

Chapter 7 BankruptcyChapter 13 Bankruptcy

Wipes out most unsecured debtsReorganizes debt into a payment plan

Lasts 3–6 monthsLasts 3–5 years

May involve liquidation of non-exempt assetsLets you keep all property if you follow the plan

Income limits apply (Means Test)Available even with higher income

👉 Read more: Chapter 7 vs. Chapter 13 – Which One Is Better for You?

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Frequently Asked Questions About Chapter 7 Eligibility

Can I file Chapter 7 bankruptcy if I’m unemployed?

Yes, many Chapter 7 filers are unemployed or have reduced income.

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Can I keep my home and car?

Often yes—especially if you're current on payments and your equity is covered by bankruptcy exemptions.

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How long does it take to get a discharge?

Typically, a Chapter 7 discharge is granted within 90 days of filing.

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Find Out If You Qualify for Chapter 7 Bankruptcy Today

Don’t guess—get a clear answer today. At Mosakowski Law, we provide:

• Free Means Test analysis

• Full review of your income, assets, and debts

• Step-by-step guidance through the filing process

• Help keeping your home, car, and personal belongings

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Serving clients in Tampa Bay and surrounding areas.

📅 Schedule your FREE consultation today: