Grech Legal
  • Home
  • About
    • Matthew G. Grech
  • Practice Areas
    • Estate Planning
    • Probate And Estate Administration
    • Bankruptcy
  • News & Articles
  • Blog
  • Contact

Call For A Free Consultation

Peninsula: 650-549-7728
South Bay: 408-214-0385
East Bay: 510-270-5602
Se habla español

  • Home
  • About
    • Matthew G. Grech
  • Practice Areas
    • Estate Planning
    • Probate And Estate Administration
    • Bankruptcy
  • News & Articles
  • Blog
  • Contact
Real Solutions From An Understanding And Experienced Attorney
  1. Home
  2.  » 
  3. Chapter 7 Bankruptcy
  4.  » 
  5. How does the means test work for Chapter 7 bankruptcy?

How does the means test work for Chapter 7 bankruptcy?

On Behalf of Grech Legal | May 29, 2020 | Chapter 7 Bankruptcy

The means test determines whether an individual can file for Chapter 7 bankruptcy. These guidelines compare your income minus certain expenses to the median income of other same-size households in California. 

Learn more about how to apply the means test when preparing to file bankruptcy in California. 

Median income threshold in California 

If your household income falls below the median for California at the time of your bankruptcy filing, you can automatically qualify for Chapter 7. Currently, the state income maximum is: 

  • $60,360 for a single-person household 
  • $79,271 for a two-person household 
  • $88,235 for a three-person household 
  • $101,315 for a four-person household 

The bankruptcy court will average your income over the past six months and compare it to the state median income chart. 

The comprehensive means test 

If your household income exceeds these limits, you may still qualify for a Chapter 7 filing. In this case, you must completely document your income and expenses for the past six months. The law allows you to deduct certain expenses before comparing your income to the state median. For example, allowable expenses include medical costs, food, clothing, transportation, and mortgage or rent payments. 

These allowable expenses are exemptions. In California, individuals who file for bankruptcy can choose between the federal exemptions and the state exemptions. Exemptions also govern the assets you can keep in a bankruptcy filing. The court may divert property and income exceeding the allowable amounts to repay some of your debt. 

If you do not pass the means test, you may still qualify for a Chapter 13 bankruptcy. Unlike Chapter 7, which discharges eligible debts, Chapter 13 reorganizes debts to make them more affordable. If you expect your income to decrease, you can wait a few months and apply the means test again to see if you meet the Chapter 7 criteria. 

Filing a Chapter 7 bankruptcy often results in debt discharge within six months. After you file, you receive an automatic stay that prevents creditors from contacting you. 

Categories

  • Bankruptcy
  • Chapter 13 Bankruptcy
  • Chapter 7 Bankruptcy
  • Estate Planning
  • Uncategorized

Archives

Recent Posts

  • What happens to your mortgage when you file for bankruptcy?
  • How do taxes affect your estate plan in California?
  • The importance of updating your estate plan
  • What government benefits need addressing in probate?
  • A straightforward overview of the formal probate process

RSS Feed

Subscribe To This Blog’s Feed

Reach Out Today For A Free Consultation

Office Location

2000 Broadway St.
Suite 231
Redwood City, CA 94063
Redwood City Office
1300 Clay Street, Suite 600
Oakland, California 94612
Oakland City Office
Grech Legal

Address:
84 W. Santa Clara Street
Suite 700
San Jose, CA 95113

San Jose City Office
Phone:
650-549-7728

Write A Review
  • Follow
  • Follow
  • Follow

Matthew Grech is a debt relief agent. He helps people file for bankruptcy relief under the Bankruptcy Code.

© 2026 Grech Legal • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw

 650-549-7728

 Email