The Bankruptcy Means Test in Florida
The Chapter 7 means test (11 U.S.C. § 707(b)) compares your current monthly income to the median income for your household size in Florida. Below median, you generally qualify for Chapter 7. Above median, a disposable-income calculation may create a presumption of abuse, pushing you toward Chapter 13. The U.S. Trustee updates the Florida figures periodically — check the current numbers.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. The means-test math depends on your exact income and expenses — talk to a Florida bankruptcy attorney.
The means test is the gateway to Chapter 7. Congress added it to make sure people who can afford to repay debts use a repayment plan instead of liquidation.
What the test compares
The means test (11 U.S.C. § 707(b)) compares your current monthly income to the median income for your household size in Florida.
- Below the Florida median: you generally qualify for Chapter 7.
- At or above the median: the test goes a step further.
When you’re above median
If your income is at or above the Florida median, the test calculates your disposable income after allowed expenses. If that disposable income is high enough, it can create a presumption of abuse — which generally pushes you toward Chapter 13 and a repayment plan rather than a Chapter 7 discharge (11 U.S.C. § 707(b)).
Check the current Florida figures
The Florida median-income and threshold figures are updated periodically by the U.S. Trustee Program. These numbers change, so don’t rely on a figure you saw last year — look up the current Florida figures (or have your attorney run the calculation) before assuming whether you pass.
The median figure also matters for plan length: it’s what decides whether a Chapter 13 plan runs 3 years or 5 years.
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Start your free intakeFrequently asked questions
- What does the means test actually compare?
- It compares your current monthly income to the median income for a household of your size in Florida (11 U.S.C. § 707(b)). Below median, you generally qualify for Chapter 7.
- What if my income is above the Florida median?
- A further calculation of your disposable income may create a presumption of abuse, which can push you toward Chapter 13 instead of Chapter 7 (11 U.S.C. § 707(b)).
- Where do I find the current Florida median-income figures?
- The U.S. Trustee Program updates the Florida median-income and threshold figures periodically. Don't rely on old numbers — check the current means-testing figures before filing.
Sources
Related guides
- Chapter 13 Bankruptcy in Florida Chapter 13 is reorganization for individuals with regular income: you repay some or all of your debts through a court-approved plan over 3 years (if below the state median income) or generally 5 years (if at or above median), with no plan exceeding 5 years (11 U.S.C. § 1322(d), § 1325). It lets you catch up on a mortgage or car and keep property. Debt limits apply (11 U.S.C. § 109(e)).
- Chapter 7 Bankruptcy in Florida Chapter 7 is liquidation bankruptcy: a trustee can sell nonexempt property to pay creditors, and you receive a discharge releasing personal liability for most unsecured debts (11 U.S.C. § 727). You must pass the means test and complete credit counseling. Because Florida's exemptions protect typical property, most Florida filers keep everything they own.
- Florida Bankruptcy Exemptions Florida opted out of the federal bankruptcy exemptions (Fla. Stat. § 222.20), so Florida filers use Florida exemptions. The homestead is exempt with no dollar cap on value (limited by acreage), though a federal rule caps recently acquired homestead equity. Florida also exempts a motor vehicle, head-of-family wages, and a wildcard for personal property if you don't use the homestead exemption.
- The Automatic Stay & Discharge in Florida Filing bankruptcy triggers the automatic stay (11 U.S.C. § 362) — an immediate halt to most collection, including lawsuits, wage garnishment, repossession, and foreclosure. A discharge (11 U.S.C. § 524, § 727) permanently bars creditors from collecting discharged debts. But some debts are non-dischargeable (11 U.S.C. § 523): most recent taxes, student loans (absent undue hardship), child support and alimony, and debts from fraud or willful/malicious injury.