title: "New York Bankruptcy Chapter 7 - LSC-Grade Legal Packet"

state: "NY"

category: "Bankruptcy"

date: "2026-03-20"

price: "$97"

lsc_grade: true

New York Chapter 7 Bankruptcy Filing Packet

Jurist-Diction | Attorney-Drafted Legal Documents

This packet is for informational purposes only and does not constitute legal advice. For legal advice, contact a licensed New York attorney or legal aid organization.

1. Eligibility Checker

Can You File Chapter 7 Bankruptcy in New York?

Residency Requirements:

• [ ] Have you lived in New York for at least 91 of the last 180 days?
• [ ] If you lived in multiple states, have you spent the majority of the last 180 days in New York?

Means Test Requirements (11 U.S.C. § 707(b)):

• [ ] Is your household income below the New York median income for your household size?

If your income is ABOVE the median, you must complete the full means test calculation to determine if you have enough "disposable income" to repay some debts in Chapter 13 instead.

Other Requirements:

• [ ] Have you NOT filed a Chapter 7 bankruptcy in the last 8 years?
• [ ] Have you NOT filed a Chapter 13 bankruptcy in the last 6 years?
• [ ] Did you NOT have a bankruptcy case dismissed in the last 180 days for certain reasons?
• [ ] Have you completed a credit counseling course within 180 days before filing?

If you checked all boxes above, you likely qualify to file Chapter 7 bankruptcy in New York.

What Debts Can Be Discharged (Wiped Out)?

Is Chapter 7 Right for You?

Chapter 7 is best if:

• You have mostly unsecured debt (credit cards, medical bills)
• Your income is below the New York median
• You don't have significant assets to protect
• You want a fresh start quickly (4-6 months)

Consider Chapter 13 if:

• Your income is above the median
• You're behind on mortgage or car payments you want to keep
• You have significant assets to protect
• You have debts that can't be discharged in Chapter 7

2. Required Forms

Official Bankruptcy Forms (Required for Everyone)

Additional Required Forms

New York-Specific Requirements

3. Step-by-Step Filing Instructions

Before You File: 60-90 Days Before

Step 1: Complete Credit Counseling

1. Find an approved credit counseling agency at: https://justice.gov/ust/eo/bapcpa/ccde/cc_approved.htm
2. Complete the 60-90 minute course (online or phone)
3. Receive your certificate of completion (Form 423)
4. Certificate is valid for 180 days

Step 2: Gather Your Documents

• All pay stubs from the last 7 months
• Last 2-3 years of tax returns
• Bank statements for last 6 months
• List of all debts (creditor names, addresses, amounts)
• List of all assets (property, vehicles, bank accounts, household goods)
• Vehicle titles and registration
• Mortgage statements and property tax records
• Retirement account statements
• Any lawsuits or judgments against you

Step 3: Complete the Means Test

1. Get your average monthly income for the last 6 months
2. Compare to New York median income for your household size
3. If below median: You qualify, no further calculation needed
4. If above median: Complete Form 122A-2 to calculate allowed expenses

Filing Your Case

Step 4: Complete All Bankruptcy Forms

1. Fill out Form 101 (Voluntary Petition)
2. Complete Schedules A/B through J
3. Complete Statement of Financial Affairs (Form 107)
4. Complete means test forms (122A-1 and 122A-2 if required)
5. Sign the Declaration (Form 106Dec)

Step 5: Determine Where to File

New York has four bankruptcy court districts:

Step 6: File Your Petition

1. File online via CM/ECF (requires account) OR
2. File in person at the bankruptcy clerk's office
3. Pay the filing fee: $338 (Chapter 7)
4. You can apply to pay in installments or waive the fee if your income is below 150% of poverty level

Step 7: Submit Required Documents to Trustee

1. Within 14 days of filing, send to your assigned trustee:

• Last 2 years of tax returns
• Pay stubs from 60 days before filing
• Any other documents trustee requests

After Filing

Step 8: Attend the 341 Meeting (Meeting of Creditors)

• Scheduled 21-40 days after filing
• Usually lasts 5-10 minutes
• Trustee asks questions about your forms
• Creditors may attend (rarely do)

Step 9: Complete Debtor Education Course

1. Must complete AFTER filing (different from pre-filing course)
2. Find approved provider at: https://justice.gov/ust/eo/bapcpa/ccde/de_approved.htm
3. File Form 423 (Certificate of Completion) within 60 days of 341 meeting

Step 10: Wait for Discharge

• Typically 60-90 days after 341 meeting
• You'll receive a court order discharging your debts
• Case officially closes

4. Exact Court Information

Southern District of New York - Manhattan Division

U.S. Bankruptcy Court Clerk

• Address: One Bowling Green, New York, NY 10004
• Phone: (212) 668-2870
• Hours: Monday-Friday, 8:30 AM - 5:00 PM
• Filing Fee: $338
• Fee Waiver: Available if income below 150% of poverty level (Form 103B)

Counties Served: New York (Manhattan), Bronx

Southern District of New York - White Plains Division

U.S. Bankruptcy Court Clerk

• Address: 300 Quarropas Street, White Plains, NY 10601
• Phone: (914) 390-4100
• Hours: Monday-Friday, 8:30 AM - 5:00 PM
• Filing Fee: $338

Counties Served: Westchester, Rockland, Putnam, Orange, Dutchess, Sullivan

Eastern District of New York - Brooklyn

U.S. Bankruptcy Court Clerk

• Address: 271 Cadman Plaza East, Brooklyn, NY 11201
• Phone: (718) 855-3100
• Hours: Monday-Friday, 8:30 AM - 4:30 PM
• Filing Fee: $338

Counties Served: Kings (Brooklyn), Queens, Richmond (Staten Island), Nassau, Suffolk

Northern District of New York - Albany

U.S. Bankruptcy Court Clerk

• Address: James T. Foley U.S. Courthouse, 445 Broadway, Albany, NY 12207
• Phone: (518) 257-1500
• Hours: Monday-Friday, 8:30 AM - 4:30 PM
• Filing Fee: $338

Counties Served: Albany, Clinton, Columbia, Delaware, Essex, Franklin, Fulton, Greene, Hamilton, Montgomery, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, St. Lawrence, Sullivan (part), Ulster, Warren, Washington

Western District of New York - Buffalo

U.S. Bankruptcy Court Clerk

• Address: 68 Court Street, Buffalo, NY 14202
• Phone: (716) 362-3200
• Hours: Monday-Friday, 8:30 AM - 4:30 PM
• Filing Fee: $338

Counties Served: Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, Yates

Fee Waiver Information

If you cannot afford the $338 filing fee:

1. Complete Form 103B (Application to Have Filing Fee Waived)
2. File with your petition
3. Court will review and decide if you qualify
4. Alternative: Form 103A (Application to Pay Fee in Installments)

5. Filing Checklist

Bring to the courthouse (or have ready for e-filing):

• [ ] Form 101 - Voluntary Petition (original)
• [ ] Schedules A/B through J
• [ ] Schedule Summary (Form 106Sum)
• [ ] Declaration (Form 106Dec)
• [ ] Statement of Financial Affairs (Form 107)
• [ ] Form 122A-1 (Current Monthly Income)
• [ ] Form 122A-2 (Means Test - if income above median)
• [ ] Credit Counseling Certificate (Form 423)
• [ ] Statement of Intention (if you have secured debts)
• [ ] Mailing matrix (list of all creditor addresses)
• [ ] Filing fee ($338) or fee waiver application
• [ ] Photo ID (driver's license, state ID, or passport)
• [ ] Social Security card or proof of SSN
• [ ] Copies of last 2 years of tax returns (for trustee)
• [ ] Pay stubs from 60 days before filing (for trustee)

6. What to Bring to the 341 Meeting

The 341 Meeting is also called the "Meeting of Creditors." It is NOT a court hearing before a judge. It's a meeting with the bankruptcy trustee.

Required:

• [ ] Photo ID (driver's license, passport, or state ID)
• [ ] Social Security card (original, not copy)
• [ ] Proof of address (utility bill, lease, or bank statement from last 30 days)
• [ ] Bank statements covering the filing date
• [ ] Most recent pay stub
• [ ] Vehicle registration(s) for any vehicles you own
• [ ] Any documents specifically requested by your trustee

If you own real estate:

• [ ] Most recent mortgage statement
• [ ] Property tax statement
• [ ] Homeowner's insurance declaration page
• [ ] Recent appraisal if available

If self-employed:

• [ ] Recent business bank statements
• [ ] Profit and loss statement
• [ ] Business tax returns

7. Controlling Statute Citations

Federal Bankruptcy Law (Applies Nationwide)

New York State Law (Exemptions) — IMPORTANT

New York has "opted out" of federal exemptions (11 U.S.C. § 522(b)(2)). This means you MUST use New York state exemptions — you cannot choose federal exemptions like in some other states.

Homestead Exemption by County (N.Y. CPLR § 5206)

Federal Non-Bankruptcy Exemptions (Available in NY)

Even though NY opted out of federal bankruptcy exemptions, you can still use certain federal non-bankruptcy exemptions:

8. Disclaimer

IMPORTANT: This packet provides general information and template documents for informational purposes only. It does not constitute legal advice.

• Jurist-Diction is not a law firm and cannot provide legal advice.
• Bankruptcy laws are complex and have long-term financial consequences.
• These documents may not be appropriate for your specific situation.
• Laws change frequently. Verify current law before filing.
• Filing bankruptcy incorrectly can result in denial of discharge or criminal charges.

You should consult an attorney if:

• You have significant assets (home with equity, investments, business)
• You recently transferred property to family or friends
• You have pending lawsuits
• You owe taxes
• You have student loans you want discharged
• A creditor claims you committed fraud
• Your case is contested by any creditor

For legal advice, contact:

• The Legal Aid Society at (212) 577-3300 (NYC)
• Empire Justice Center at (585) 295-5600 (Upstate)
• Legal Services NYC at (212) 431-7200
• New York State Bar Association Lawyer Referral Service at (800) 342-3661

Attorney-drafted New York bankruptcy documents from Jurist-Diction start at $97 — court-ready templates with step-by-step instructions.

Last Updated: March 2026