In order to file a Chapter 7 case, you must go through a qualification test called the Means Test. There are two ways that someone can quality for through the bankruptcy Means Test in Florida. The first way is that a person can immediately qualify by showing that their income for all of the income coming into a persons household is below the median income in Florida for a their family size. The other way to pass the Means Test and qualify for a Chapter 7 filing in Florida is to go through the detailed Means Test which will examine in depth a household’s average monthly income and compare it to the person’s regular monthly expenses in order to show that there is basically no disposable income left at the end of the month.
| Household Size | Monthly Income | Annual Income |
|---|---|---|
| 1 | $4,220.08 | $50,641.00 |
| 2 | $5,134.92 | $61,619.00 |
| 3 | $5,643.08 | $67,717.00 |
| 4 | $6,757.58 | $81,091.00 |
You can also use the Florida Means Test calculator to show the necessary calculations. Using the calculator will figure out what constitutes reasonable monthly expenses across many different types of categories. It is important to be as accurate as possible for the best chance of filing a successful Chapter 7 Florida bankruptcy. You want to include all your expenses for all categories. There can be expenses that are not monthly but are annual, such as for school supplies or a car repair that you may be able to average them out to expense them on a monthly basis.
There is a possible that you will go “pass” either of the Means Test avenues ( (the income limits and the full calculation) and not qualify to file a Chapter 7 case when filing a Florida bankruptcy. Also keep in mind that if you do not immediately qualify through the Means Test, if you have substantial changes about to happen to your household (such as a new child or getting laid off) that may make the difference between qualifying and not. If you have a job that is seasonal such as working during Spring Break, re-evaluating your expenses and income after working seasonal can change your qualification.
If you are not able to pass the Means Test, then you may have to explore filing a Chapter 13 case may be an alternative solution for you.