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HomeResources › What Is the Income Limit for Chapter 7 Bankruptcy in Illinois?

What Is the Income Limit for Chapter 7 Bankruptcy in Illinois?

Reviewed by Alex Ranjha, JD/MBA, Chicago bankruptcy attorney · Updated July 2026

There is no single dollar cutoff. In Illinois you can usually file Chapter 7 if your household income is below the state median — roughly $74,000–$75,000 a year for a single filer, with more allowed for larger households. If you earn more, a second step called the means test looks at your disposable income to decide whether you still qualify.

The two-part Illinois means test

Qualifying for Chapter 7 in Illinois comes down to the federal means test, which has two parts:

  1. Median income comparison. Your average monthly income over the last six months is annualized and compared to the Illinois median for your household size. If you are below the median, you pass automatically and can file Chapter 7.
  2. Disposable income calculation. If you are above the median, the test subtracts allowed living expenses to find your disposable income. If little is left to repay creditors, you may still qualify for Chapter 7. If not, Chapter 13 is usually the path.

Illinois median income figures

The median-income thresholds are set by the U.S. Trustee Program and updated periodically. As a general guide, the figure for a single-earner Illinois household is around $74,000–$75,000, and it rises by roughly $11,000 for each additional household member. Because these numbers change, we confirm the current figure for your exact household size during your free consultation.

Household size Approximate Illinois median (annual)
1 person ~$74,000–$75,000
2 people ~$85,000–$95,000
3 people ~$100,000–$110,000
4 people ~$120,000+
Each additional person add ~$11,000

Figures are approximate and adjust over time. Ask us for the exact current threshold for your household.

What if my income is above the median?

Being over the median does not automatically disqualify you. The means test then deducts allowable expenses — housing, transportation, taxes, childcare, and more — from your income. Many higher earners still qualify for Chapter 7 after these deductions. If your disposable income is too high, you can typically file Chapter 13 instead and repay a portion over three to five years.

What you keep: Illinois bankruptcy exemptions

Illinois requires filers to use state exemptions (the federal exemption set is not available in Illinois). Common Illinois exemptions include:

A Chapter 7 attorney applies these exemptions so that many filers are able to keep their home, car, and retirement savings. Whether a specific asset is protected depends on your equity and the current exemption limits.

Frequently Asked Questions

What happens if I fail the Chapter 7 means test?

If your income is too high to pass the means test, you are not out of options. Most people who do not qualify for Chapter 7 file Chapter 13 instead, which reorganizes debt into an affordable 3-to-5-year repayment plan and can still stop collections, wage garnishment, and foreclosure.

Does everyone have to take the means test?

No. Only filers whose income is above the Illinois median must complete the full means test. If your income is below the median for your household size, you pass automatically. Disabled veterans and filers whose debts are primarily non-consumer (business) debts may also be exempt from the test.

Do retirement accounts count as income or assets in bankruptcy?

Qualified retirement accounts such as 401(k)s, IRAs, and pensions are generally protected in Illinois bankruptcy and are not liquidated. Regular withdrawals you already receive can count toward your monthly income for the means test.

Is there a minimum amount of debt to file Chapter 7 in Illinois?

No. There is no minimum debt requirement to file Chapter 7. What matters is whether bankruptcy is the right tool for your situation, which is exactly what a free consultation is for.

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Sources: U.S. Courts — Bankruptcy Basics · U.S. Trustee Program — Means Testing
This article is general information, not legal advice. Laws and figures change; consult an attorney about your situation.