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Who can file
Median family income
The median family income calculated and reported by the Census Bureau, which bankruptcy law uses as the yardstick for a filer's income. 1
Talk to a lawyerHow it works
The Bankruptcy Code does not set dollar figures. It points to the Census Bureau's data, with an adjustment based on the Consumer Price Index for years in which the Census Bureau has not reported a new figure. 1
The U.S. Trustee Program reproduces the figures needed for the means test forms and updates them regularly. The median income data now in use applies to cases filed on or after April 1, 2026. 2
In Chapter 7, the figure decides whether the means test applies. A filer whose current monthly income is more than the state median goes through the means test. At or below the median for the household size, the presumption of abuse cannot be raised. In Chapter 13, it affects how long the plan lasts. Below the state median, the plan is generally three years unless the court approves a longer period. Above it, the plan generally must be five years. 3 4 5
The figures differ by state and household size and change over time, so we do not reprint them. Use the U.S. Trustee Program's means testing page for the current table. 2
Common questions
How often do the figures change?
The U.S. Trustee Program updates them regularly, and each update applies to cases filed on or after a stated date. 2
What income is compared with the median?
Current monthly income: the average monthly income over the six calendar months before the case begins. It includes regular contributions to household expenses from others, and a spouse's income in a joint case, but not Social Security income. 3
Sources
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