Florida’s Chapter 7 Income Limit Just Went Up — If You Were Told You Don’t Qualify, Run the Numbers Again

If you talked to a bankruptcy lawyer three to six months ago in Pinellas, Hillsborough, or Polk and got told you made too much for Chapter 7, there’s a real chance that answer is wrong today. The U.S. Trustee Program updated Florida’s median-income figures effective April 1, 2026 — a single filer can now earn up to $69,876, a household of four up to $114,761, and still pass the first half of the Chapter 7 means test. Here’s how to know if you got swept onto the right side of the line.

What Actually Changed on April 1, 2026

The U.S. Trustee Program (the Department of Justice arm that oversees consumer bankruptcy) refreshes the Census-based median-family-income figures used in the Chapter 7 means test twice a year. The April 2026 update is the routine spring adjustment — but it moved the line enough to matter for households near the edge.

For Florida cases filed on or after April 1, 2026, the median household income thresholds are:

  • 1 person: $69,876
  • 2 people: $86,523
  • 3 people: $97,540
  • 4 people: $114,761
  • Each additional person beyond 4: add $11,100

These numbers come directly from the U.S. Trustee Program’s official means-testing data page at justice.gov/ust/means-testing. They apply to every Florida bankruptcy case filed on or after April 1, 2026, regardless of which judicial division you’re in — Tampa, Orlando, Jacksonville, Fort Myers, or any of the other Middle District filing locations.

One context note: this is a routine semi-annual adjustment of Census income data, not a Bankruptcy Code change. Congress did not amend the means test. The dollar figures just moved up because Florida household incomes moved up.

How the Means Test Actually Works (Short Version)

The Chapter 7 means test is a two-step gate.

  1. Step 1 — the median-income comparison. Take your last six months of household gross income, multiply by two, and compare against the Florida median for your household size. If you’re below the median, you pass. You can file Chapter 7. No further math.
  2. Step 2 — the long-form calculation. If your six-month annualized income is above the Florida median, you go to the longer means-test analysis. You subtract allowed expenses (housing, transportation, food, child care, taxes, certain debt payments) from your gross. What’s left is your “disposable income.” If that number is low enough, you still qualify for Chapter 7. If it’s high enough, you’re presumed to abuse the system and Chapter 7 isn’t available.

Most of the “I make too much for Chapter 7” rejections come from a quick Step 1 conversation. The person hears “your income is above the Florida median, so Chapter 7 isn’t for you” and leaves. The April 1 update raised the Step 1 line. People who were just above it last fall may now be just under.

Three Scenarios Where the April Update Actually Changes the Answer

  1. The borderline-income household. A family of four earning $113,000 was just above the prior median and was told to file Chapter 13. Under the April 1 number ($114,761), they’re under the line and back in Chapter 7 range. Same income. New chart.
  2. The household that gained a dependent. New baby, an elderly parent moved in, an adult child returned home. Your household size went up — and the threshold goes up with it. A household that was a 3-person comparison at $97,540 becomes a 4-person comparison at $114,761. That’s almost $17,000 of additional headroom, on top of the April increase itself.
  3. The seasonal-income filer. Florida service industries (hospitality, tourism, construction) have lumpy income. The means test looks back six months. A look-back ending in spring (slow season) reads very differently than one ending in fall (busy season). The April threshold update plus a shifted look-back window can flip a borderline result.

We had a client referred in late 2025 who’d been told their household of three — gross around $94,000 — was over the line. Under the April 2026 three-person median of $97,540, they’re now comfortably under. They filed Chapter 7 in Pinellas, kept their car and their house, and discharged six figures of medical and credit-card debt. The conversation was the same. The chart changed.

When the Means Test Doesn’t Apply at All

The means test only governs Chapter 7 cases involving primarily consumer debt. Three categories of filer skip it entirely:

  • Primarily business-debt cases. If more than half of your debts come from a business — failed sole proprietorship, personal guarantee on a closed LLC, business credit lines — the means test doesn’t apply. 11 U.S.C. § 707(b)(1) limits the abuse presumption to primarily consumer debts.
  • Disabled veterans whose debts were incurred while on active duty. Section 707(b)(2)(D)(ii) exempts veterans with a service-connected disability rating of at least 30% (or who were discharged or released from active duty because of a service-connected disability) for debts incurred during active military service.
  • Reservists and National Guard members called to active duty. A temporary means-test exclusion applies during active duty plus a defined post-service window — the HAVEN Act provisions and § 707(b)(2)(D)(ii) work together here.

If you fit one of those three categories and were told to file Chapter 13 “by default” without anyone running the means test exclusion, it’s worth a second look. The income-test answer that pushed you toward Chapter 13 may not legally apply to you.

What to Do If You Were Told “No” in the Last Six Months

  1. Pull your last six months of paystubs and add up your gross household income (everyone in the home who contributes, not just you).
  2. Count your household size carefully. Include children of any age living in the house. Include elderly parents you support. Include the adult kids who came home after college. The means test counts people in your household, not your tax dependents.
  3. Compare against the April 1, 2026 Florida figures above. If you’re under the median for your household size, you almost certainly pass Chapter 7’s first gate. If you’re slightly over, the long-form calculation might still get you there once allowable expenses are deducted.
  4. If you’re now under — book a second opinion. The previous answer may have been correct for the November 2025 chart and wrong for the April 2026 chart. Even if Chapter 7 is still off the table, a fresh Chapter 13 conversation can produce a meaningfully different plan structure under the new numbers.

Second-Opinion Welcome

If you got the “you make too much for Chapter 7” answer from another Florida firm anytime since November 2025, we’ll re-run the means test with the April 2026 numbers at no charge. If the answer changes, we’ll tell you. If it doesn’t, we’ll tell you that too — and walk through what Chapter 13 actually looks like in your situation.

This article is general information, not legal advice. Means-test outcomes depend on the specific facts of your household, income, and debt mix. For Florida residents, contact Ziegler Diamond Law for a free Debt Freedom Strategy Session.

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Michael Ziegler Managing Partner
Michael A. Ziegler is the Founding Partner at Ziegler Diamond Law, where he represents consumers throughout Florida in complex financial and consumer protection matters. He is a licensed Florida attorney with a focused practice in consumer protection law, debt defense, bankruptcy, and credit reporting disputes. With more than a decade of legal experience, Michael has helped hundreds of individuals defend against debt collection lawsuits, pursue relief through Chapter 7 and Chapter 13 bankruptcy, and enforce their rights under the Fair Debt Collection Practices Act (FDCPA) and other consumer protection laws. Michael is admitted to practice law in the State of Florida and is an active member of the Clearwater Bar Association, where he serves as Chair of the Bankruptcy Section. When not advocating for clients, Michael enjoys spending time with his family, camping, and investing in real estate.