Texas · Chapter 7 Means Test

Texas Chapter 7 Means
Test Calculator

Check whether you qualify for Chapter 7 bankruptcy in Texas using the official means test.

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Estimate your Texas Chapter 7 Means Test

Check whether you qualify for Chapter 7 bankruptcy in Texas using the official means test.

· Data sourced from Texas statutes and court fee schedules.

Important: This tool provides educational estimates only — not legal advice. Made For Law is not a law firm and is not affiliated with, endorsed by, or connected to any federal, state, county, or local government agency or court system. Calculator results are based on statutory formulas and publicly available fee schedules — not AI. Supporting content is AI-assisted and editorially reviewed. Results may not reflect recent legislative changes or your specific circumstances. Do not rely solely on these estimates — always verify with official sources and consult a licensed attorney before making legal or financial decisions. Full disclaimer

Quick answer

Chapter 7 bankruptcy in Texas requires passing the means test — your household income must fall below Texas's median income threshold, or your disposable income after allowed deductions must be insufficient to fund a Chapter 13 plan (Tex. Est. Code § 352.002).

Key Takeaways

  • Median income (single): $52,980 | Family of 4: $85,044
  • Filing fee: $338 | Districts: Northern, Southern, Eastern, Western
  • Homestead exemption: Unlimited (up to 10 acres urban, 100/200 acres rural)
  • Must use state exemptions (federal opt-out)
Texas at a glance

Key facts for Texas chapter 7 means test

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In depth

What drives chapter 7 means test in Texas

Bankruptcy attorney explaining means test results — Texas
Chapter 7 Means Test Calculator — Texas

Chapter 7 Means Test in Texas

The Chapter 7 means test determines whether your household income is low enough to file for Chapter 7 bankruptcy in Texas. Created by the 2005 Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA), the test compares your average monthly income over the past six months to the median income for a household of your size in Texas.

If your income falls below the Texas median, you automatically qualify for Chapter 7 without further analysis.

Texas bankruptcy cases are filed in the Northern, Southern, Eastern, Western Districts of Texas. The Chapter 7 filing fee is $338, which can be paid in installments or waived for filers below 150% of the federal poverty guidelines.

Texas has a higher-than-average bankruptcy filing rate, reflecting economic pressures that lead many residents to seek debt relief through the federal bankruptcy system.

Successfully passing the means test and receiving a Chapter 7 discharge eliminates most unsecured debts — credit cards, medical bills, personal loans, and utility arrears — typically within 3 to 6 months of filing. However, certain debts survive bankruptcy: student loans (absent undue hardship), recent tax obligations, domestic support obligations (child support and alimony), and debts arising from fraud or willful injury.

Key statutory reference: Tex. Est.

Code § 352.002.

Texas bankruptcy cases are filed in the Northern (Dallas/Fort Worth/Lubbock), Southern (Houston/Corpus Christi/Galveston/McAllen), Eastern (Beaumont/Tyler/Plano), and Western (Austin/San Antonio/El Paso/Waco) Districts. The U.S.

Trustee's offices in Dallas, Houston, and Austin (Region 6) oversee the Chapter 7 trustee panel. Texas has opted out of federal exemptions.

Texas's unlimited homestead exemption (up to 10 acres urban, 100/200 acres rural) is among the most powerful nationally. However, a critical limitation: personal property exemptions are capped at $50,000 per individual ($100,000 per family) — so while cash, jewelry, and investments above those thresholds can be taken by the trustee, most everyday household goods easily fit within this cap.

Texas has no state income tax.

2026 Texas Median Income Thresholds

The U.S. Trustee Program publishes updated median income figures that determine whether you pass the Chapter 7 means test in Texas.

For the current period, the Texas median income thresholds are: $52,980 for a 1-person household, $66,360 for a 2-person household, $72,744 for a 3-person household, and $85,044 for a 4-person household. For each additional household member beyond four, add approximately $9,900 to the 4-person figure.

These figures represent annualized gross income — meaning all income received in the six calendar months before filing, doubled. Income includes wages, salary, tips, overtime, bonuses, self-employment income, rental income, pension distributions, unemployment benefits, and contributions from non-filing household members.

Social Security retirement and disability benefits are excluded from the calculation in most courts, which can significantly help retirees qualify.

Texas's median income thresholds fall near the national midpoint, providing a reasonable baseline for determining Chapter 7 eligibility relative to the state's cost of living.

Legal office processing Chapter 7 bankruptcy case in Texas
Texas chapter 7 means test calculator

What Happens If You're Above the Texas Median

Earning above the Texas median income does not automatically disqualify you from Chapter 7 — it simply triggers the second part of the means test. In this phase, you subtract IRS-standardized living expenses from your current monthly income to determine your "disposable income." If your monthly disposable income is below $167.08 (approximately $10,025 over 60 months), you still pass the means test and can file Chapter 7.

The IRS expense standards used in the means test include national standards for food, clothing, personal care, and miscellaneous expenses; local standards for housing and utilities based on your Texas county; and local standards for transportation. You also deduct actual secured debt payments (mortgage, car loan), priority debt payments (back taxes, domestic support), mandatory payroll deductions (taxes, Social Security, health insurance), and certain other allowable expenses like child care, health care beyond insurance, and court-ordered payments.

Many above-median filers in Texas still qualify for Chapter 7 after deductions. Homeowners with significant mortgage payments, families with high medical costs, and filers with substantial student loan payments often find their disposable income drops below the threshold.

A bankruptcy attorney can run a preliminary means test calculation to determine whether you'll pass before you commit to filing.

Texas Bankruptcy Exemptions

Texas has opted out of the federal bankruptcy exemptions, meaning filers must use Texas's state exemption system to protect their property in Chapter 7. This is an important distinction — approximately two-thirds of states have opted out, each creating their own exemption framework.

Under Texas's exemption system, the homestead exemption protects Unlimited (up to 10 acres urban, 100/200 acres rural) of equity in your primary residence. The vehicle exemption covers $2,500 per licensed household member.

Texas also provides a wildcard exemption of $50,000 personal property ($100,000 family) that can be applied to any property. Retirement accounts (401(k), IRA, pension) are fully exempt under federal law regardless of state exemptions, with traditional and Roth IRAs protected up to approximately $1.5 million.

Texas's unlimited homestead exemption is one of the most generous in the nation. This means homeowners can protect their entire home equity regardless of value, provided the property meets acreage limitations.

This exemption has historically attracted attention from debtors in other states considering relocation, though federal bankruptcy law now requires 730 days of state residency before claiming a new state's exemptions.

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How to File Chapter 7 in Texas

Filing Chapter 7 in Texas requires completing the means test (Official Forms 122A-1 and 122A-2), gathering financial documentation, taking a credit counseling course from an approved agency, and submitting the bankruptcy petition to the Northern District of Texas Bankruptcy Court (or the applicable district). The filing fee is $338.

Required documents include 6 months of pay stubs, the most recent tax return, bank statements, a list of all debts, and a complete inventory of assets and property.

Within 30 to 45 days of filing, you will attend a Meeting of Creditors (341 meeting) where the Chapter 7 trustee and any attending creditors can ask questions about your financial situation and petition. In practice, most 341 meetings in Texas last 5 to 10 minutes and creditors rarely appear for consumer bankruptcy cases.

You must bring a government-issued photo ID and proof of Social Security number. After the meeting, you must complete a financial management course (debtor education) before the court will issue your discharge.

The typical Chapter 7 case in Texas takes 3 to 6 months from filing to discharge. Most consumer Chapter 7 cases are "no-asset" cases, meaning the trustee determines that all of the debtor's property is exempt and there is nothing to distribute to creditors.

In asset cases — where the debtor owns non-exempt property — the process takes longer as the trustee liquidates non-exempt assets and distributes proceeds. An experienced Texas bankruptcy attorney can usually predict whether a case will be no-asset before filing.

Bankruptcy attorney reviewing means test documentation in Texas
Chapter 7 Means Test Calculator resources — Texas

Chapter 7 vs. Chapter 13 in Texas

If you don't pass the Chapter 7 means test in Texas, Chapter 13 bankruptcy offers an alternative path to debt relief. Chapter 13 allows you to keep all of your property while repaying a portion of your debts through a 3- to 5-year payment plan.

The plan duration depends on income: filers below the Texas median income qualify for a 3-year plan, while above-median filers must commit to 5 years. At the end of the plan, remaining eligible unsecured debts are discharged.

Chapter 13 may be preferable to Chapter 7 in Texas even if you pass the means test in certain situations: if you're behind on mortgage payments and want to cure the arrears over the plan period; if you have non-exempt property you want to keep (you can protect it by paying its value to creditors through the plan); if you have debts that cannot be discharged in Chapter 7 (such as certain tax obligations); or if you received a Chapter 7 discharge within the past 8 years.

Before filing any bankruptcy in Texas, consider alternatives such as debt negotiation or settlement, credit counseling and debt management plans, and state law remedies that may protect income and property from creditors. Texas's wage garnishment limits, bank account exemptions, and other debtor protections may provide sufficient relief without bankruptcy.

The pre-filing credit counseling requirement ensures that every filer has explored these alternatives with a certified counselor before proceeding.

Frequently asked

Questions families ask about Texas chapter 7 means test

Edited and reviewed by our editorial team. Answers are general information — not legal advice.

What is the income limit for Chapter 7 in Texas?

For a single filer, the 2026 median income threshold is $52,980. For a family of four, it's $85,044. If your income is below these thresholds, you automatically pass the means test. If above, you may still qualify after expense deductions.

How much does it cost to file Chapter 7 in Texas?

The court filing fee is $338. Attorney fees for a standard Chapter 7 in Texas typically range from $1,000 to $2,500 depending on complexity and location. The required credit counseling and debtor education courses cost $25 to $50 each.

Can I keep my house in Chapter 7 in Texas?

Yes — Texas's unlimited homestead exemption protects your home equity regardless of value, as long as you continue making mortgage payments. You must also remain current on mortgage payments or the lender can still foreclose.

Can I use federal exemptions in Texas?

No — Texas has opted out of the federal bankruptcy exemption system. You must use Texas's state exemptions to protect your property.

Will Chapter 7 stop wage garnishment in Texas?

Yes — filing Chapter 7 triggers an automatic stay that immediately stops most wage garnishments, lawsuits, collection calls, and bank levies. The stay remains in effect throughout the bankruptcy case. Garnishments for domestic support obligations (child support, alimony) are not affected by the automatic stay.

How do I find a Chapter 7 attorney in Texas?

Passing the means test is just the first step — exemption planning, the automatic stay, and the discharge process all carry pitfalls for self-represented filers. Find a Texas bankruptcy attorney to review your income, assets, and options before filing.

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Key statutes: Tex. Est. Code § 352.002

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Legal information, not legal advice. The Chapter 7 Means Test Calculator for Texas produces estimates based on public fee schedules and state statutes. Actual costs vary by case. For advice about your situation, consult a licensed Texas attorney.