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In order to file for a Chapter 7 bankruptcy you must pass the Florida means test. This test applies to higher income filers which means that if your income is below the Florida median for your household size, you are exempt from the test and may qualify for a Chapter 7.
If your income is greater than the Florida median income limit, you will need to complete the means test calculation to determine if you can pay back a portion of your unsecured debts through a Chapter 13 bankruptcy.
If your debts are not primarily consumer debts, you are exempt from the means test. Moreover, you are also exempt from the means test if you are a disabled veteran and incurred your debt primarily during active duty or performing a homeland defense activity.
If your currently monthly household income is less than the Florida median income for a household of your size there is a presumption that you pass the means test and are eligible to file a Chapter 7 bankruptcy.
Your average household income is determined by averaging your monthly income over the last six calendar months. Once you determine your average monthly income you multiply that by 12 in order to determine your annual income for the purpose of Florida median income test.
If your income is greater than the Florida median income for a household your size then you must complete the means test by calculating your income and expense information.
"Income" includes almost all of sources of income including, but not limited to, business income, rental income, interested and dividends, pensions and retirements plans, amounts paid by others for your household expenses, and unemployment income.
If your total monthly income over the course of the next 60 months is less than $7,475 then you pass the means test and you may file a Chapter 7 bankruptcy. If your monthly income is over $12,475, then you fail the means test and don't have the option of filing Chapter 7. If your disposable income under the means test is between $7,475 and $12,475 then you must do further calculations to determine if you have the option of filing a Chapter 7 case.