Is there an income limit or ceiling for filing chapter 7 bankruptcy?

Answer 1

Yes, but it may be very difficult for you to determine your own eligibility for a Chapter 7 filing. Attorneys have automated software programs to assist them with this question. Part of the bankruptcy filing paperwork is a form commonly known as the "Chapter 7 Means Test". It is actually about 4 different "tests" grafted together into one form, in a format where you only take the subsequent tests if you "flunk" the previous one. If you "flunk" all of them, you have to check a box on the first page that informs the Court and the Trustee that your Chapter 7 filing is "presumptively abusive" of the bankruptcy code, and the Trustee then has an affirmative duty to seek the dismissal of your case, or its conversion to a Chapter 13 case. This is not to say you are home free once you "pass" the Means Test. Your case can still be dismissed if it is later determined to be abusive of the code despite passing the Means Test. The first test is fairly simple. You just list your gross income. If you are filing jointly with your spouse, you must list both gross incomes. If your gross income is less than the state average for a household of your size, you pass, and you don't have to fill out the rest of the form. I am only familiar with the average annual income levels for Michigan, and, off the top of my head, its about $43,000 for a household of one, and about $51,000 for a household of two, with similar incremental increases for larger households. If you flunk the gross income test, you move on to the next one, which allows you to deduct from gross income your payroll taxes and average living expenses for your region of the country. This might be a little tough to do, although the data exists out there somewhere, maybe on the IRS web site. If you can claim enough deductions in this second test, you might just qualify. The third test allows you do deduct your mortgage payments and car payments, so if you have larger than average car payments and house payments, you might just pass that one. Finally, they have a fourth test which basically tries to figure out if forcing you into a Chapter 13 bankruptcy would yield enough money for your general unsecured creditors to make the time and trouble of a Chapter 13 case worthwhile. You can certainly find a copy of the Means Test form online and plug in some numbers to get an inkling about whether you qualify. So, there is no simple answer to your question. There is no bright-line cut-off point. In my practice it is not unusual for a suburban family of four with two late-model cars and a big house to qualify with a household income of $100,000.