Form 122A-1: Current Monthly Income and Chapter 7 Means Test

Form 122A-1, the Chapter 7 Statement of Your Current Monthly Income, is the first stage of the bankruptcy means test. You complete it by averaging your income over the six full calendar months before you file, annualizing that figure, and comparing it to the median family income for your state and household size. The form must be filed with the bankruptcy court within 14 days of your petition.¹

Who Has to File It

Every individual filing a Chapter 7 case submits Form 122A-1. Not everyone is subject to the means test calculation it feeds into, though. If your debts are primarily business-related rather than consumer debts like credit cards, medical bills, and personal loans, you still fill out the form but check the box in Part 2 stating the means test does not apply.²

Two military exemptions also bypass the means test. Disabled veterans qualify if they have a service-connected disability rating of at least 30 percent and the debts they want to discharge were incurred primarily while on active duty or performing a homeland defense activity. Members of the National Guard or a reserve component called to active duty for at least 90 days after September 11, 2001, are exempt during that service and for 540 days afterward; the National Guard and Reservists Debt Relief Extension Act of 2023 renewed this protection through at least 2027.³

What to Gather Before You Start

The form works from documents, not memory. Pull these together first:

Pay stubs and employment records for the full six calendar months before your filing month. File in July, and you need January 1 through June 30.
Profit-and-loss statements or gross receipts and operating expense records for the same period, if you are self-employed.
Bank statements showing interest or dividends, rental income records, pension or retirement stubs, alimony received, and unemployment records.
Your non-filing spouse’s income records for the same window, if you are married but filing alone.
Your most recent federal tax return or transcript. You must give a copy to the trustee no later than seven days before the meeting of creditors, and any mismatch with the form can draw scrutiny.⁴

You also cannot file any bankruptcy petition unless you completed a credit counseling briefing from an approved nonprofit agency within 180 days before filing.⁵ The certificate of completion is filed with your petition.

Counting Your Household

Household size sets which median income figure you compare against in Part 2, so it drives whether you pass. The Bankruptcy Code does not define the term, and courts use different methods. The most common approach counts everyone living in your home, including children, elderly parents, and partners, regardless of legal dependency. Some courts instead apply an “economic unit” test that looks at whether residents actually share finances such as joint accounts and combined bills; roommates who only split rent usually count as separate households.⁶

A larger household raises the median threshold, which helps you. Inflating the number is a fast way to draw a motion to dismiss from the U.S. Trustee, so use a count you can support.

Part 1: Reporting Your Current Monthly Income

Part 1 has eleven lines covering every income source during the six-month look-back. If a source varied, add the six monthly amounts and divide by six.⁷ Confirm the window covers the right calendar months. If you file on September 15, the six-month period runs from March 1 through August 31, not from the filing date backward.

Line 2 captures gross wages and salary before any deductions, including tips, bonuses, overtime, and commissions. Using net pay here is one of the most common errors and inflates the risk of trustee questions.

Line 3 reports alimony and maintenance you received, not what you paid. Line 4 is where filers often trip: regular contributions from anyone else toward your household expenses, such as a parent or partner who consistently helps with groceries or utilities, belong here.

Line 5 asks for net business income (gross receipts minus ordinary operating expenses), and Line 6 does the same for rental income. Attach a breakdown showing how you reached the net figure. Lines 7 through 9 cover interest, dividends, and royalties; unemployment compensation; and pension or retirement income. Line 10 is a catch-all for anything not listed above.

Line 11 totals every source. That is your current monthly income, the number the rest of the means test runs on.⁸

Income That Stays Off the Form

Some income is excluded by statute, and the form instructs you not to enter it:

Social Security payments of every kind — retirement, SSDI, survivor benefits, and SSI — are excluded from Form 122A-1. You still disclose them on Schedule I as part of the overall filing.⁸
Compensation, pensions, or annuities paid under federal law tied to a service-connected disability, combat injury, or death of a service member. Retired pay under Chapter 61 of Title 10 is excluded only to the extent it does not exceed what you would have received under a non-disability retirement.
Payments to victims of war crimes, crimes against humanity, or terrorism.

Married and Filing Alone: Column B

If you are married but filing individually, report your non-filing spouse’s income in Column B alongside yours in Column A. The court needs a full picture of household finances even when only one spouse files.

The offset comes on Form 122A-2, the follow-up calculation. Line 3 there is the marital adjustment, letting you subtract any part of your spouse’s income that does not regularly go to household expenses. Common items include your spouse’s separate credit card payments, child support or alimony to a prior partner, and payroll deductions for your spouse’s own retirement accounts or their individual health insurance.⁹ Keep the receipts and pay stubs that back up each deduction, and remember that anything subtracted as a marital adjustment cannot be claimed again as an expense.

Part 2: Comparing to the State Median

Part 2 tells you whether you pass or fail this stage. Copy your Line 11 total onto Line 12a. Multiply by 12 on Line 12b to annualize it. On Line 13, enter the median family income for your state and household size; the U.S. Trustee Program publishes the current figures from Census Bureau data.¹⁰ Line 14 compares the two.

If Line 12b is at or below Line 13, check Box 1 at the top of the form (“There is no presumption of abuse”) and your Chapter 7 case moves forward. If your income is above the median, check Box 2 and complete Form 122A-2, which applies allowed expense deductions to see whether you actually have enough disposable income to fund a Chapter 13 plan.⁷ Exceeding the median does not disqualify you from Chapter 7. Many filers who fail this first stage still pass on Form 122A-2.

Filing the Form and Paying the Fee

Form 122A-1 is filed with the clerk of the bankruptcy court handling your case. Attorneys file it electronically. If you are filing without a lawyer, most courts accept paper copies at the clerk’s office or by mail; call the clerk first to confirm their procedure.

You have 14 days from the date of your petition to submit Form 122A-1 with your other schedules and statements. Missing the deadline can get the case dismissed.¹¹

The Chapter 7 filing fee is $338, combining the filing fee, administrative fee, and trustee surcharge. Form 122A-1 itself has no separate charge. If you cannot pay upfront, file Official Form 103A to request installments; the court can split the fee into up to four payments due within 120 days, extendable to 180 for cause. No payments to your attorney or any other bankruptcy service provider are permitted until the filing fee is paid in full.¹²

If your household income is below 150 percent of the federal poverty guidelines, you can seek a full waiver using Official Form 103B. For 2026, the 150 percent thresholds in the 48 contiguous states are $23,940 for one person, $32,460 for two, $40,980 for three, and $49,500 for four.¹³ Waivers are only available in Chapter 7. Judges have discretion to grant one slightly above the threshold when unusual costs like medical bills reduce what you actually have available.

After You File

Once Form 122A-1 is on file, the trustee reviews it. If your income is at or below the state median, the means test is finished and the case proceeds to the meeting of creditors. Provide your most recent federal tax return or transcript to the trustee at least seven days before that meeting. Inconsistencies between the tax records and your form entries can prompt a motion to dismiss under Section 707(b).⁴

If you exceed the median, Form 122A-2 subtracts IRS-approved living expenses and certain actual expenses such as secured debt payments and priority claims from your income. If the remaining disposable income is low enough, the presumption of abuse is rebutted and you stay in Chapter 7. If not, the court may dismiss the case or convert it to Chapter 13, where you repay creditors over three to five years.²

1
United States Courts. Means Test Forms
2
Office of the Law Revision Counsel. 11 US Code 707 – Dismissal of a Case or Conversion to a Case Under Chapter 11 or 13
3
United States Bankruptcy Court District of New Jersey. Procedure Regarding National Guard and Reservist Debt Relief Act
4
Office of the Law Revision Counsel. 11 USC 521 – Debtor’s Duties
5
Office of the Law Revision Counsel. 11 USC 109 – Who May Be a Debtor
6
U.S. Trustee Program. Means Testing
7
United States Courts. Official Form 122A-1 Chapter 7 Statement of Your Current Monthly Income
8
Office of the Law Revision Counsel. 11 USC 101 – Definitions
9
United States Courts. Official Form 122A-2 Chapter 7 Means Test Calculation
10
U.S. Trustee Program. Census Bureau Median Family Income By Family Size
11
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1007 – Lists, Schedules, Statements, and Other Documents
12
Legal Information Institute. Federal Rules of Bankruptcy Procedure Rule 1006 – Filing Fee
13
U.S. Department of Health and Human Services. 2026 Poverty Guidelines