Not everyone qualifies for Chapter 7. The means test, prior filing bars, and other rules determine your eligibility. This guide explains the requirements for filers on both the Missouri and Kansas sides of Kansas City.
The means test (11 U.S.C. section 707(b)) is a two-part income calculation that determines whether you can file Chapter 7.
Compare your household's average monthly income over the past 6 full calendar months to the median income for your state and household size. If you are below the median, you pass automatically and qualify for Chapter 7. No further calculation is needed.
If your income is above the median, you must complete Form 122A-2. This subtracts allowable expenses from your income:
If your remaining monthly disposable income is below approximately $156/month (or the total over 60 months is less than $9,375), you pass Part 2 and qualify for Chapter 7.
| Household Size | Missouri | Kansas |
|---|---|---|
| 1 person | $56,847 | $57,925 |
| 2 persons | $72,036 | $75,698 |
| 3 persons | $85,023 | $89,104 |
| 4 persons | $104,670 | $108,412 |
| Each additional | +$9,900 | +$9,900 |
Kansas median incomes are generally higher, meaning Kansas-side filers have a slightly higher threshold to qualify automatically. See the full income limits page for details.
These exemptions can make a significant difference. For example, a small business owner in Kansas City with $200,000 in income but primarily business debts can file Chapter 7 without taking the means test.
Even if you pass the means test, prior bankruptcies can prevent a Chapter 7 discharge:
You must wait 8 years between Chapter 7 discharge dates. The clock runs from the filing date of the prior case, not the discharge date. If your prior Chapter 7 was filed less than 8 years ago, you cannot receive a Chapter 7 discharge.
You must wait 6 years after a Chapter 13 discharge before receiving a Chapter 7 discharge, unless you paid 100% of unsecured claims in the prior Chapter 13 plan, or you paid at least 70% of unsecured claims and the plan was proposed in good faith with best effort.
If your prior case was dismissed within the last 180 days due to willful failure to comply with court orders, appear before the court, or because you requested dismissal after a creditor sought relief from the stay, you may not file any bankruptcy for 180 days.
The means test compares your household income to the state median. Below median = automatic pass. Above median = a second calculation of allowable expenses. If disposable income is low enough, you still qualify. Full means test guide.
Missouri: 1-person $56,847, 2-person $72,036, 3-person $85,023, 4-person $104,670. Kansas: 1-person $57,925, 2-person $75,698, 3-person $89,104, 4-person $108,412. See full income limits.
Debtors whose debts are primarily business debts (over 50%), disabled veterans, and National Guard/Reservists called to active duty. These groups qualify regardless of income.
Yes, with time limits. 8 years between Chapter 7 discharges (section 727(a)(8)). 6 years after a Chapter 13 discharge unless you paid 100% or 70%+ in good faith. Check your eligibility.
You complete Part 2 with allowable expense deductions. If you still fail, your options are Chapter 13 (no means test) or waiting until your income decreases. An attorney can identify expenses you may have overlooked.
No. Social Security benefits are excluded from the initial median income comparison under section 101(10A). However, they may be considered when calculating disposable income for a Chapter 13 plan.