By Robert A. Stiberman, Esq., Member of The Florida Bar since 1998, representing Florida bankruptcy clients since 2009. Last reviewed: June 2026.
Across the 2,500+ Florida bankruptcies our firm has successfully filed, this is one of the questions I’m asked most, so let me answer it plainly: there is no minimum amount of debt required to file Chapter 7. The Bankruptcy Code sets no floor, and no ceiling either. But “can I file?” and “should I file?” are different questions, and the honest answer to the second one depends on more than a dollar figure.
No Minimum, No Maximum
Chapter 7 has no minimum or maximum debt limit for an individual or a business. (That’s different from Chapter 13, which has no minimum but does impose a debt ceiling to be eligible.) So debt amount alone never disqualifies you from Chapter 7.
The real question is whether filing makes sense given your whole picture, the debt you’d erase weighed against the cost of filing and against alternatives like debt settlement.
From our practice: Legally there’s no minimum to file, but practically, once you weigh the attorney’s fee (around $1,800 in a typical Florida Chapter 7), the $338 court filing fee, and the required courses, we generally don’t recommend filing for less than roughly $10,000 in unsecured debt, unless there’s a pressing reason like an active wage garnishment, a lawsuit, or a foreclosure. Those change the math, because the automatic stay’s immediate protection is often worth far more than the dollar threshold. [Attorney: confirm the typical fee figure before publishing.]
I focus on unsecured debt (credit cards, medical bills, personal loans) because with secured debt you generally keep paying to keep the asset, the house or the car.
The Means Test, Where Income, Not Debt, Decides
Eligibility for Chapter 7 turns on income, not the size of your debt. Under 11 U.S.C. § 707(b)(2), you must pass the means test (or rebut the presumption of abuse). The test compares your household income to the Florida median for your household size:
- At or below the median: you’re in a safe harbor, under § 707(b)(7), the means-test presumption doesn’t apply, and you generally qualify.
- Above the median: you’re not automatically disqualified. The test then applies your allowable expenses; many above-median filers, especially with a mortgage, vehicles, and children, still pass. If you don’t, Chapter 13 may be the route.
See our full guide on how to pass the Chapter 7 means test.
A key exception: the means test applies only to debtors “whose debts are primarily consumer debts” (§ 707(b)(1)). If most of your debt is business debt, you don’t have to pass the means test at all, an important point for self-employed filers and business owners.
Who’s a Good Candidate for Chapter 7?
Chapter 7 tends to fit when:
- You carry large unsecured balances and are choosing which bills to pay each month;
- Creditor calls, lawsuits, or garnishment have started;
- Interest and late fees make it impossible to catch up;
- You rent, or own mostly property protected by Florida’s exemptions;
- Most of your debt is the dischargeable kind (credit cards, medical bills).
It’s not always the right tool, if you’re behind on a home or car you want to keep, Chapter 13 usually serves you better. And remember, even when Chapter 7 fits, you’ll still complete credit counseling and we’ll check that your property is protected before filing.
What Chapter 7 Discharges (and Doesn’t)
Most unsecured debts, credit cards, medical bills, personal loans, are discharged. Domestic support (child support, alimony), most student loans, and most recent taxes are not. (More in our Chapter 7 guide.)
Frequently Asked Questions
Is there a minimum amount of debt to file Chapter 7? No. The Code sets no minimum or maximum. The practical question is whether the debt you’d erase justifies the cost of filing, often around $10,000+ in unsecured debt, or less if you’re facing garnishment, a lawsuit, or foreclosure.
Does having “too much” debt disqualify me? No, Chapter 7 has no debt ceiling. Eligibility is based on income (the means test), not debt size.
I make more than the median, can I still file Chapter 7? Possibly. Above-median income isn’t an automatic bar; allowable expenses are applied, and many people still qualify.
My debts are mostly from my business, do I take the means test? No. If your debts are primarily business (non-consumer) debts, the means test doesn’t apply.
Talk to a Florida Chapter 7 Attorney
Whether you have $6,000 in debt or $60,000, the right move depends on your full picture. Call 954-922-2283 or request a free, confidential consultation, and we’ll tell you honestly whether Chapter 7 is worth it for you.
This article is general information, not legal advice. Eligibility and outcomes depend on the specific facts of your case.