You can!  As of 10/15/04, the bankruptcy courts require THE MEANS TEST. This is a collection of forms that compare a household income to IRS standards along with many adjustments, to help ascertain if a party qualifies. The Test has three-level and is very complex. A good attorney can help a party that otherwise might not qualify to be eligible if certain circumstances are considered. There are also possible exemptions from the Means Test that may apply.