Switch to ADA Accessible Theme
Close Menu
Young, Marr, Mallis & Associates - Pennsylvania Bankruptcy & Criminal Defense Lawyers
Schedule A Complimentary Consultation 215-639-5297 Call or Text!
Pennsylvania Bankruptcy & Criminal Defense / Blog / Chapter 7 Bankruptcy / Chapter 7 Bankruptcy Means Test in Pennsylvania: Income Limits and Eligibility

Chapter 7 Bankruptcy Means Test in Pennsylvania: Income Limits and Eligibility

Chapter 7 Bankruptcy

Many Pennsylvania residents considering Chapter 7 bankruptcy worry that their income will prevent them from qualifying. Having a steady paycheck does not always mean having enough money to keep up with credit card bills, medical expenses, and everyday necessities. Even individuals who earn a reasonable salary may find themselves overwhelmed by debt, with little left over after covering their monthly expenses.

The Chapter 7 bankruptcy means test evaluates income, household size, and certain allowable expenses to determine whether someone qualifies for relief. Earning more than Pennsylvania’s median income does not automatically disqualify you, and financial circumstances that may not be apparent from your paycheck can influence the outcome.

When you’re already struggling to keep up with debt, uncertainty about qualifying for bankruptcy can add to the stress. Working with an experienced Pennsylvania Chapter 7 bankruptcy lawyer can provide a more accurate picture of your eligibility by accounting for allowable expenses rather than relying on income figures alone.

What the Chapter 7 Means Test Evaluates

The Chapter 7 means test determines whether an individual with primarily consumer debt meets the financial requirements under federal bankruptcy law. Under 11 U.S.C. § 707(b), the calculation assesses whether a filing creates a presumption of abuse based on income and certain permitted deductions.

Through Chapter 7, eligible individuals can discharge many unsecured debts, such as credit card balances, medical bills, and personal loans, without entering a long-term repayment plan. The means test evaluates whether their income, as calculated under federal bankruptcy rules, indicates an ability to repay a portion of those debts.

The test has two parts. The first compares annualized income with Pennsylvania’s median income for the applicable household size. Individuals below that threshold generally pass the means test without additional expense calculations. Those above it complete a more detailed assessment of their finances.

The means test primarily applies to individuals with consumer debts. Someone whose debts are predominantly business-related may not be subject to the same requirements.

Pennsylvania Chapter 7 Bankruptcy Income Limits

Pennsylvania’s Chapter 7 income thresholds depend on household size and median income figures published by the U.S. Department of Justice. These figures are periodically updated, and the applicable limits depend on the bankruptcy filing date.

Pennsylvania Median Income Limits by Household Size

The following annual median income figures apply to Pennsylvania bankruptcy cases filed on or after July 15, 2026:

  • One-person household: $72,230
  • Two-person household: $87,534
  • Three-person household: $110,151
  • Four-person household: $135,862

An additional $11,100 is allowed for each household member beyond four.

These income thresholds apply statewide, including Philadelphia, Bucks County, Montgomery County, and other Eastern Pennsylvania communities. Household size determines which income figure applies, although identifying the appropriate household size may require a closer look at dependents and living arrangements.

The Six-Month Income Review and Changes in Earnings

The Chapter 7 means test generally uses income received during the six full calendar months before filing, rather than someone’s current paycheck or annual salary. Under 11 U.S.C. § 101(10A), this average is known as current monthly income, even though it may differ substantially from present earnings.

Wages, commissions, overtime, bonuses, self-employment earnings, and certain other sources of income are generally included. Social Security benefits are excluded from the calculation, while a spouse’s earnings may need to be considered even when only one spouse intends to file.

Income changes can affect the result in ways that are not immediately obvious. Someone who recently lost a job may still have several months of higher wages included in the review period. An employee whose overtime was reduced may face a similar situation, with previous earnings raising the average despite receiving smaller paychecks today.

A significant change in earnings can affect the means test depending on when the bankruptcy petition is filed. As earlier income falls outside the six-month review period, the calculation may more closely reflect someone’s current financial circumstances. Bankruptcy timing also depends on other concerns, including pending collection actions or the possibility of losing property.

Allowable Expenses That May Affect Chapter 7 Eligibility

The second portion of the means test examines allowable expenses and financial obligations that reduce the income available for repayment under federal bankruptcy rules.

Housing and utilities, transportation, taxes, healthcare, childcare, and certain secured debt payments may be included. Federal bankruptcy rules use a combination of standard allowances and certain documented expenses, rather than allowing every household expense to be deducted in full.

Pennsylvania’s housing allowances vary by county and household size. Philadelphia residents may have different permitted housing amounts than individuals living in Montgomery or Bucks County, even though everyone uses the same statewide median income thresholds.

A household’s monthly costs may exceed the amounts permitted under the means test. Someone might pay more than the applicable transportation allowance or face medical expenses that require additional documentation. Qualifying deductions depend on the nature of the expense and the federal rules governing its treatment.

Before filing, a Pennsylvania Chapter 7 bankruptcy lawyer can examine financial records for expenses and obligations that may affect the means test calculation.

When the Means Test Creates an Eligibility Problem

An unfavorable means test result does not necessarily eliminate every possibility of obtaining Chapter 7 relief. Federal law allows certain special circumstances to be considered when the standard calculation does not adequately reflect an individual’s financial obligations.

Under 11 U.S.C. § 707(b)(2)(B), a presumption of abuse may be challenged when qualifying circumstances justify additional expenses or adjustments to income. Serious medical conditions, for instance, may create unavoidable costs that are not fully accounted for in the ordinary calculation.

These adjustments require documentation and an explanation of why no reasonable alternative exists. Financial hardship alone does not automatically satisfy the legal requirements, even when monthly payments have become difficult to manage.

Some Pennsylvania residents may not qualify for Chapter 7 despite allowable deductions or special circumstances. Chapter 13 bankruptcy offers an alternative for eligible individuals with regular income, allowing them to address their debts through a court-approved repayment plan, generally lasting three to five years.

Chapter 7 Eligibility Beyond the Means Test

Passing the means test does not guarantee that Chapter 7 is the right solution for every financial situation. The nature of your debts, the property you own, and any previous bankruptcy filings can affect the relief available.

Many unsecured obligations can be discharged, but certain debts, including domestic support obligations and some tax debts, generally remain enforceable. Homeowners and individuals with valuable property may need to examine the protections available under federal or Pennsylvania exemption laws. Property that is not protected by an applicable exemption could potentially be sold by the bankruptcy trustee to repay creditors.

A previous bankruptcy discharge can also affect eligibility. Individuals who received a Chapter 7 discharge generally cannot obtain another Chapter 7 discharge in a case filed within eight years of their earlier Chapter 7 filing.

Frequently Asked Questions About the Pennsylvania Chapter 7 Means Test

Can I qualify for Chapter 7 bankruptcy in Pennsylvania if I work full-time?

Yes. Full-time employment does not prevent someone from qualifying. Many employed Pennsylvania residents qualify because their income falls below the applicable median threshold or their permitted expenses satisfy the additional calculation.

Does my spouse’s income count if I file for bankruptcy alone?

When married spouses live together, both incomes generally need to be considered during the means test, even if only one spouse files. Certain adjustments may apply to income the non-filing spouse does not contribute toward household expenses.

Can I qualify for Chapter 7 if I am self-employed?

Yes. Self-employment does not prevent someone from qualifying, although calculating income can be more involved when earnings fluctuate or business expenses must be accounted for. Financial records, business income, and applicable deductions need to be evaluated under the bankruptcy means test rules.

Are medical expenses considered during the means test?

Certain necessary healthcare expenses may qualify as allowable deductions. Additional medical costs may be considered when they meet the applicable requirements and are supported by appropriate documentation.

Does passing the means test guarantee that my Chapter 7 case will be approved?

No. The means test addresses specific financial eligibility requirements, but the bankruptcy court and trustee also review other aspects of the case. Accurate financial disclosures, applicable filing requirements, prior bankruptcy history, and the treatment of assets and debts can affect the outcome.

Get Help Evaluating Your Chapter 7 Bankruptcy Eligibility

At Young, Marr, Mallis & Associates, we take the time to review each person’s financial circumstances, including changes in earnings and expenses that may influence their eligibility. Our attorneys represent individuals throughout Eastern Pennsylvania, including Philadelphia, who are concerned about meeting the income requirements for Chapter 7.

Contact Young, Marr, Mallis & Associates to discuss your eligibility with an experienced Pennsylvania Chapter 7 bankruptcy lawyer and explore your options for obtaining relief from overwhelming debt.

Sources:

  • S. Department of Justice, U.S. Trustee Program, Means Testing — Cases Filed On or After July 15, 2026 (Pennsylvania median income figures, household size adjustments, and allowable expense standards): https://www.justice.gov/ust/means-testing/20260715
  • United States Bankruptcy Code, 11 U.S.C. § 101(10A) — Current Monthly Income: https://www.law.cornell.edu/uscode/text/11/101
  • United States Bankruptcy Code, 11 U.S.C. § 707(b) — Means Test and Special Circumstances: https://www.law.cornell.edu/uscode/text/11/707
  • United States Courts, Chapter 7 Bankruptcy Basics (debt discharge, exemptions, filing requirements, and previous bankruptcy restrictions): https://www.uscourts.gov/court-programs/bankruptcy/bankruptcy-basics/chapter-7-bankruptcy-basics
Our Office Locations
Pennsylvania
Bensalem, PA
3554 Hulmeville Ave., Suite 102
Bensalem PA 19020
215-639-5297
Philadelphia, PA
7909 Bustletown Ave., 1st Floor
Philadelphia, PA 19152
215-607-7478
Bala Cynwyd, PA
2 Bala Plaza, Suite 300
Bala Cynwyd, PA 19004
610-557-3209
Easton, PA
101 Larry Holmes Dr. #212
Easton, PA 18042
215-515-7077
Quakertown, PA
328 Broad St.
Quakertown, PA 18951
215-515-6876
Allentown, PA
137 N 5th St. Suite A
Allentown, PA 18102
215-240-4082
Jenkintown, PA
135 Old York Road
Jenkintown, PA 19046
215-544-3347
Plymouth Meeting, PA
600 W. Germantown Pike #400
Plymouth Meeting, PA 19462
215-515-6876
Harrisburg, PA
2225 Sycamore St.
Harrisburg, PA 17111
717-864-8887
New Jersey
Cinnaminson, NJ
909 Route 130 South #202
Cinnaminson, NJ 08077
609-796-4344
Piscataway, NJ
200 Centennial Ave., Suite 200
Piscataway, NJ 08854
908-367-7256
Hamilton TWP., NJ
3525 Quakerbridge Rd. #903
Hamilton Township, NJ 08619
609-236-8649
Marlton, NJ
10000 Lincoln Drive E, Suite 201
Marlton, NJ 08053
856-213-2805