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What do Form 122A-1 and the means test calculation ask, and where do the numbers come from?

Form 122A-1 is the form every individual Chapter 7 filer completes: it works out current monthly income and compares it with the median income for households of the same size in the filer's state. If income is above the median, the filer must also file Form 122A-2, the means test calculation, which subtracts allowed expenses and debt payments to decide whether abuse is presumed. The figures both forms use come from the U.S. Trustee Program's means testing page.1 2

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The means test is a set of official forms that compare your income with published figures. This guide walks through Form 122A-1 and Form 122A-2, the income definition they share, and where the official instructions and data live. It does not tell you what to enter on your own forms.

General information, not legal advice. Rules and amounts change; check with a lawyer or the court before you act.

In this guide

Which means test form does what?

There is one set of forms for Chapter 7 and another for Chapter 13. The table follows the federal courts' official instructions.

The means test forms and what each one is for
FormChapterWhat it does
Form 122A-11Chapter 7Works out current monthly income and compares it with the state median for the household size. If income is not above the median, there is no presumption of abuse and the second form is not needed.
Form 122A-1Supp1Chapter 7For people who may be exempt from the presumption because their debts are not primarily consumer debts or because of certain military or homeland defense service.
Form 122A-21Chapter 7The means test calculation, required when income is above the median. It reduces income by living expenses and payments on certain debts.
Form 122C-11Chapter 13Reports current monthly income, compares it with the state median and sets the applicable commitment period, the time for making payments to creditors.
Form 122C-21Chapter 13Required when income is above the median. It calculates an amount the plan may be required to pay toward unsecured debts.

What does Form 122A-1 ask, part by part?

Part 1 starts with marital and filing status. A single filer fills in Column A only. A married filer fills in Column B as well when the spouse is filing too or lives in the same household and is not legally separated. A filer who is legally separated or living apart fills in Column A only and declares, under penalty of perjury, that the separation is not a way of evading the means test.3

Each income line takes the average monthly amount received during the 6 full months before filing. If income varied, the form says to add all 6 months and divide by 6. This is the Bankruptcy Code's "current monthly income", which is not the same as a current paycheck.3 4

  • Counted: gross wages before payroll deductions, alimony, net business and rental income, interest and dividends, unemployment compensation, pensions, and amounts others regularly pay toward household expenses, including child support and contributions from a partner, parents or roommates.3
  • Left out: benefits under the Social Security Act, payments to victims of war crimes, crimes against humanity or terrorism, and certain federal payments tied to the disability, combat-related injury or death of a member of the uniformed services.3

Part 2 multiplies the monthly total by 12 and compares the result with the median family income for the filer's state and household size. At or below the median, the filer checks the box that says there is no presumption of abuse. Above it, the filer fills out Form 122A-2. Part 3 is a signature under penalty of perjury.3

Where do the median income and expense figures come from?

The means test compares a filer's income with Census Bureau median income figures and IRS expense standards. The U.S. Trustee Program publishes these figures, and the official instructions send filers to its means testing page, where the data is chosen by the period in which the case is filed.2 1

As of October 13, 2026, the newest sets were median income data for cases filed on or after April 1, 2026, and IRS expense standards for cases filed on or after July 15, 2026. A person without internet access may be able to use a public computer at the clerk's office or a public library.2 1

How does Form 122A-2, the means test calculation, work?

The form has five parts. Part 1 adjusts income, for example by subtracting any part of a non-filing spouse's income that is not used for the household. Part 2 lists deductions: amounts from the IRS National and Local Standards, which are deducted regardless of actual spending, then other allowed expenses and payments on secured debts and past-due priority debts such as support or taxes. Part 4 is for special circumstances, and Part 5 is the signature.5 6

Part 3 decides the question. Monthly disposable income is multiplied by 60. For cases filed on or after April 1, 2025, there is no presumption of abuse if that figure is less than $10,275, and there is one if it is more than $17,150. In between, the form compares it with 25% of the filer's nonpriority unsecured debt.5 7 6 8

Those dollar amounts are adjusted every 3 years, and the form marks them as subject to adjustment on 4/01/28. Use the version of the form in effect when the case is filed.5

What happens if the calculation shows a presumption of abuse?

For individual Chapter 7 filers, a presumption of abuse means the case may be dismissed or converted, usually to Chapter 13. It does not mean the person is actually trying to abuse the system.9 1

  • The presumption may be overcome only by showing special circumstances, such as a serious medical condition or a call to active duty, that justify more expenses or less income and for which there is no reasonable alternative.6
  • The U.S. trustee, bankruptcy administrator or creditors can file a motion to dismiss, and the court decides. The filer may choose to proceed under another chapter.1
  • Means testing cannot be used to dismiss or convert the case of a disabled veteran whose debts arose mainly during active duty or homeland defense, or of a filer during qualifying active duty of at least 90 days and for 540 days after it ends.6

Whether special circumstances exist, and whether another chapter makes sense, are judgment calls about one person's finances. The federal courts list advising under which chapter to file among the things a lawyer can do.10

Why can these forms show different income from Schedule I?

They measure different things. Schedule I asks about income a person is receiving now, while the means test forms use a different definition of income and a period before filing, so the official instructions say the amounts may differ.1

Where are the official instructions, and who can answer questions?

The forms are free on the federal courts' website, along with a booklet of instructions for individual filers. The booklet says it is not legal advice and that the filer is responsible for properly completing the forms.10 1

Questions about what a line means for one person cannot go to the court or the agency. The U.S. Trustee Program and court clerks cannot give legal advice about the forms, and a petition preparer may only enter information and may not explain answers to legal questions. The U.S. Trustee Program says the local clerk or the state bar association may know of reduced fee or pro bono help.1 2 11 10

Common questions

Do I need Form 122A-2 if my income is below the median?

No. If the annual income on Form 122A-1 is less than or equal to the median for your state and household size, you check the box that says there is no presumption of abuse, and the second form is not needed.3 1

Does my spouse's income go on Form 122A-1 if only I am filing?

Usually, if you live in the same household and are not legally separated: the form tells you to fill in Column B as well. Form 122A-2 then lets you subtract any part of a spouse's income that is not used for the household.3 5

Is Social Security counted on the means test forms?

No. The Bankruptcy Code's definition of current monthly income leaves out Social Security benefits, and Form 122A-1 tells filers not to include them.4 3

Does a presumption of abuse mean I did something wrong?

No. It means the person is presumed to have enough income that Chapter 7 relief should not be granted, and it may be overcome by showing special circumstances.1

Sources

Official courts & government references
  1. Instructions: Bankruptcy Forms for Individuals, rev. April 2025 (uscourts.gov)
  2. U.S. Trustee Program: Means Testing (justice.gov)
  3. Official Form 122A-1, Chapter 7 Statement of Your Current Monthly Income (uscourts.gov)
  4. 11 U.S. Code § 101(10A) (Cornell LII)
  5. Official Form 122A-2, Chapter 7 Means Test Calculation (uscourts.gov)
  6. 11 U.S. Code § 707(b)(2)(A)(ii)(I) (Cornell LII)
  7. Chapter 7 - Bankruptcy Basics (uscourts.gov)
  8. Federal Register, 90 FR 8942 (Feb. 4, 2025), Judicial Conference: Adjustment of Certain Dollar Amounts Applicable to Bankruptcy Cases
  9. Glossary of Legal Terms (uscourts.gov)
  10. Filing Without an Attorney (uscourts.gov)
  11. 11 U.S. Code § 110(a)(1) (Cornell LII)

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