New York Chapter 7 Bankruptcy — Your Filing Guide
What This Document Does
This document helps you file for Chapter 7 bankruptcy in New York, which can eliminate most unsecured debts like credit cards, medical bills, and personal loans. It gives you a fresh financial start.
When to Use This
- You have mostly unsecured debt (credit cards, medical bills, personal loans)
- Your income is below New York's median income for your household size
- You cannot afford to repay your debts in 3-5 years
- You do not have significant assets you want to protect
Before You File
Gather these items:
- [ ] Last 6 months of pay stubs or proof of income
- [ ] Last 2 years of tax returns
- [ ] List of all debts (creditor names, addresses, amounts owed)
- [ ] List of all assets (bank accounts, vehicles, property, retirement accounts)
- [ ] Copy of any lawsuits or judgments against you
- [ ] Credit counseling certificate (required before filing)
- [ ] $338 filing fee (or see fee waiver below)
Step-by-Step Filing
- Complete credit counseling — Take an approved credit counseling course within 180 days BEFORE filing. Find approved providers at: https://www.justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm
- Complete the bankruptcy petition — Fill in every required field including all debts, assets, income, and expenses.
- File with the Bankruptcy Court — New York has two districts:
Eastern District (Brooklyn, Queens, Staten Island, Long Island):
- Address: 75 Clinton Street, Brooklyn, NY 11201
- Phone: (347) 294-3600
Southern District (Manhattan, Bronx, Dutchess, Orange, Putnam, Rockland, Sullivan, Westchester):
- Address: One Bowling Green, New York, NY 10004
- Phone: (212) 668-2870
Northern District (Albany, Binghamton, Plattsburgh, Syracuse):
- Address: 445 Broadway, Room 211, Albany, NY 12207
- Phone: (518) 257-1600
Western District (Buffalo, Rochester):
- Address: 68 Court Street, Buffalo, NY 14202
- Phone: (716) 362-3100
- Pay the filing fee — $338 for Chapter 7
- Fee Waiver: If you cannot afford the fee, file Form 103B (Application to Have Filing Fee Waived). Must show income below 150% of poverty guidelines.
- Attend the 341 Meeting — About 30 days after filing, you'll meet with the bankruptcy trustee. Bring your photo ID, Social Security card, and all financial documents.
- Complete debtor education — Take an approved financial management course AFTER filing but BEFORE your discharge. This is required.
At Your 341 Meeting
Bring:
- Photo ID (driver's license or passport)
- Social Security card
- Bank statements for the last 6 months
- Vehicle registration and proof of insurance
- Most recent tax return
Say:
- Answer the trustee's questions honestly and briefly
- "Yes" or "No" answers when possible
- Provide documents when requested
Legal Aid Resources
If you need free legal help:
- Legal Services NYC: (212) 577-3300 — Serves low-income NYC residents
- The Legal Aid Society: (212) 577-3300 — Civil legal services in NYC
- Empire Justice Center: (585) 295-5600 — Statewide advocacy
- Find more: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid
Disclaimer
This guide and the bankruptcy petition template are for informational purposes only and do not constitute legal advice. Bankruptcy law is complex. For legal advice specific to your situation, contact a licensed bankruptcy attorney or the legal aid organizations above.
Not a law firm. Not your attorney. No attorney-client relationship exists.