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Means Test Explained

Do You Qualify For Chapter 7?
Mississippi Means Test Explained

Ash Law Firm | Helping You Qualify for the Right Bankruptcy Path

 

If you’re considering bankruptcy in Mississippi, one question matters first:  Do you qualify for Chapter 7—or are you required to file Chapter 13?

 

At Ash Law Firm, we guide clients through the means test every day—and in many cases, people who think they don’t qualify actually do.

Clear answers.  Real numbers.  Strategic guidance from Ash Law Firm.

 

What Is the Means Test?

The bankruptcy means test was created under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 to determine whether you can eliminate your debts through Chapter 7.

In plain English:

  • If your income is low enough → You qualify for Chapter 7

  • If your income is higher → You may need Chapter 13

 

But here’s the key:
👉 It’s not just about income—it’s about how your numbers are calculated.

 

Step 1: Do You Fall Below Mississippi’s Median Income?

The first step is comparing your household income (last 6 months average) to Mississippi’s median.

 

Estimated Mississippi Median Income (2026)

Household Size Income

1 person~$53,978

2 people~$70,328

3 people~$82,846

4 people~$97,464

👉 Below this level? You likely qualify for Chapter 7 immediately.
👉 Above it? We move to Step 2—and strategy matters.

 

Step 2: The Real Test—Disposable Income

If you’re above the median, the law looks at what you actually have left after necessary expenses.

You’re allowed to deduct:

  • Housing and utilities (IRS standards)

  • Food, transportation, and living costs

  • Taxes and payroll deductions

  • Health insurance and medical expenses

  • Car loans and mortgages

 

How It’s Calculated

Disposable Income = Monthly Income−Allowed Expenses

👉 If little or nothing is left → You may still qualify for Chapter 7
👉 If too much remains → Chapter 13 may be required

 

Why Clients Choose Ash Law Firm for Means Test Strategy

Most firms just “run the numbers.”  We build a strategy around them.  We also do not charge to see if you qualify for a Chapter 7.

At Ash Law Firm, we:

  • ✔ Analyze income timing (critical 6-month window)

  • ✔ Maximize every legally allowed deduction

  • ✔ Identify qualification opportunities others miss

  • ✔ Help you avoid being forced into the wrong chapter

 

Result: More clients qualify for Chapter 7 than they expected.

 

What Counts as Income?

The means test includes:

  • Wages, salary, overtime

  • Bonuses and commissions

  • Self-employment income

  • Rental income

  • Spousal income (in many cases)

 

Excluded: Social Security benefits & VA Disability income

The Biggest Mistake Mississippi Filers Make

Most people assume: “I make too much to file Chapter 7.”

That’s often wrong.

 

We regularly see clients qualify after:

  • Adjusting timing

  • Correcting income calculations

  • Applying proper expense standards

 

Timing Can Change Your Outcome

Because the means test uses your last 6 months of income, filing at the right time can make a major difference.

 

Example:

  • Income recently dropped?

  • Bonus period ended?

👉 Waiting even 1–2 months could shift you into Chapter 7 eligibility

 

What If You Don’t Qualify?

You still have strong options:

  • Chapter 13 bankruptcy – protect your home, car, and assets

  • Structured repayment over 3–5 years

  • Potentially reduce what you repay

 

At Ash Law Firm, we help you choose the path that puts you in the strongest financial position—not just the fastest filing.

 

Frequently Asked Questions

Do I have to pass the means test to file bankruptcy?

No—but you must pass it to file Chapter 7. Otherwise, Chapter 13 is typically required.

 

Can I qualify if I’m over the income limit?

Yes. Many clients qualify after proper deductions are applied.

 

How accurate does the means test need to be?

Very. Small errors can affect eligibility and outcomes.

 

Should I try to calculate it myself?

You can estimate—but strategy and accuracy matter. This is where professional guidance makes a difference.

 

Get a Clear Answer—Fast

Find Out If You Qualify for Chapter 7

 

At Ash Law Firm, we make this simple:

  • ✔ Confidential consultation

  • ✔ Accurate means test calculation

  • ✔ Clear strategy based on Mississippi law

👉 Start your free evaluation today by call us at 601-981-5600.
👉 Talk directly with a Mississippi bankruptcy attorney

if you qualify for bankruptcy.

In under 15 minutes, find out  

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CONTACT US TODAY TO GET A FRESH START

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© 2026 by Ash Law Firm, PLLC. | Bankruptcy Lawyers in Mississippi

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