Chapter 7 income eligibility got slightly easier on April 1, 2025

If you are making less than the median income, you have income eligibility to file Chapter 7 bankruptcy. Those eligibility numbers adjusted up, April 1, 2025.  For Virginia, eligibility is automatic for singles under $77,420, and a family of 4 under $145,585.

What if I’m over the median income? You can still pass the “means test.”

You can still be eligible for Chapter 7 if you are over the median income cutoff.  But you have to pass the means test.  The means test is a way of looking at your budget to see if you are legitimately broke.

Here are some main budget items that can help you if you are over the median.

  • Child care
  • Help for elderly family members
  • Medical expenses, co-pays, prescriptions, dental work, etc.
  • Big car payment
  • Big mortgage payment
  • Living in a high-rent county

If you earn more than the median income, you must carefully budget to show Chapter 7 income eligibility on the means test.