917-924-9790
Last updated: June 2026
To file for bankruptcy in New York, you must: (1) complete a credit counseling course, (2) determine whether you qualify for Chapter 7 or Chapter 13, (3) gather financial documents, (4) file your petition with the appropriate New York bankruptcy court, (5) attend the 341 meeting of creditors, and (6) complete debtor education before receiving your discharge.
Filing for bankruptcy in New York can provide relief from overwhelming debt, stop creditor harassment and collection actions, and give you a path toward financial recovery. But the process requires meeting specific federal and New York state requirements.
This guide walks through the New York bankruptcy process step by step—from choosing between Chapter 7 and Chapter 13 to receiving your discharge.
What Are the Requirements to File Bankruptcy in New York?
You must have resided in New York for the majority of the past 180 days. Your case must be filed in one of New York’s four federal bankruptcy district courts based on where you live.
Residency requirement: To file bankruptcy in New York, you must have lived in the state for the majority of the 180 days (approximately six months) before filing. This determines which state’s exemptions you can use to protect your property.
Correct court: New York has four federal bankruptcy district courts. You must file in the court that covers your residence:
- Southern District of New York: Manhattan, Bronx, Westchester, Rockland, Putnam, Orange, Dutchess, Sullivan
- Eastern District of New York: Brooklyn, Queens, Staten Island, Nassau, Suffolk
- Northern District of New York: Albany and upstate counties
- Western District of New York: Buffalo, Rochester, and western counties
Should You File Chapter 7 or Chapter 13 Bankruptcy in New York?
Chapter 7 eliminates most unsecured debts in about 3–4 months but requires passing the means test. Chapter 13 reorganizes debt into a 3–5 year repayment plan and is available to filers with regular income who exceed the means test threshold.
The choice between Chapter 7 and Chapter 13 depends on your income, assets, and goals.
Chapter 7 (“liquidation” bankruptcy):
- Eliminates most unsecured debts (credit cards, medical bills, personal loans)
- Typically completed in 3–4 months
- Requires passing the means test—your income must be at or below New York’s median income for your household size
- Non-exempt assets may be sold to pay creditors (though most Chapter 7 filers keep all their property using New York exemptions)
Chapter 13 (“reorganization” bankruptcy):
- Reorganizes debt into a 3–5 year repayment plan
- Available to filers with regular income, even if they exceed the means test threshold
- Allows you to catch up on mortgage arrears or car payments while keeping the property
- Remaining qualifying debts are discharged after completing the plan
The means test compares your income to New York’s median income for households of your size. If your income is at or below the median, you can file Chapter 7. If it exceeds the median, you’ll typically need to file Chapter 13—or may still qualify for Chapter 7 after deducting certain allowed expenses.
What Documents Do You Need to File Bankruptcy in New York?
You’ll need 60 days of pay stubs, two years of tax returns, bank statements, a credit report, recent bills and collection letters, and documentation for any property you own (vehicle titles, mortgage paperwork).
Gather these documents before starting your bankruptcy petition:
- Income verification: Pay stubs for the past 60 days; last two years of federal and state tax returns
- Bank statements: Recent statements for all checking, savings, and investment accounts
- Credit report: Obtain a current credit report to ensure you list all creditors
- Bills and collection letters: Recent statements from creditors, collection agencies, and any demand letters
- Property documentation: Vehicle titles, mortgage statements, deeds, and lease agreements
- Expense records: Monthly expenses for housing, utilities, food, transportation, insurance, and other regular costs
Depending on your situation, additional documents may be needed to verify income, assets, or expenses. A bankruptcy attorney can advise you on what your specific case requires.
What Is the Credit Counseling Requirement?
You must complete a credit counseling course from a court-approved agency within 180 days before filing your bankruptcy petition. The course can be completed online or by phone and typically takes about an hour.
Federal law requires all bankruptcy filers to complete credit counseling before filing. The New York bankruptcy court websites list approved credit counseling agencies. Courses are available online or by phone, usually take 60–90 minutes, and cost approximately $25–$50. After completing the course, you’ll receive a certificate of completion that must be filed with your bankruptcy petition.
Important: this is separate from the debtor education course you must complete after filing and before receiving your discharge.
How Do You File Your Bankruptcy Petition in New York?
Complete the official bankruptcy forms—including the petition, schedules, statement of financial affairs, and means test calculation—and file them with the appropriate New York bankruptcy district court along with the filing fee.
The bankruptcy petition is a comprehensive package of forms that discloses your complete financial picture:
Petition: Basic information about you and the type of bankruptcy you’re filing.
Schedules A–J: Detailed lists of your real property, personal property, secured debts, unsecured debts, executory contracts, co-debtors, income, and expenses.
Statement of Financial Affairs: Questions about your financial history, including recent transactions, lawsuits, repossessions, and previous bankruptcies.
Means test calculation: Required for Chapter 7 to determine eligibility.
Forms are filed electronically with the bankruptcy court. The filing fee for Chapter 7 is currently $338; for Chapter 13, it’s $313. Fee waivers or installment payments may be available if you cannot afford the fee.
Once filed, an automatic stay immediately goes into effect—stopping most collection actions, wage garnishments, lawsuits, and creditor contact.
What Happens at the 341 Meeting of Creditors?
The 341 meeting is a brief hearing—typically 5–15 minutes—where the bankruptcy trustee asks you questions under oath about your assets, debts, income, and the accuracy of your petition. Creditors may attend but rarely do.
About 20–40 days after filing, you’ll receive notice of your 341 meeting of creditors. Despite the name, creditors rarely appear. The meeting is conducted by the bankruptcy trustee assigned to your case.
At the meeting, you’ll be placed under oath and the trustee will verify your identity (bring a government-issued photo ID and Social Security card), ask questions about your petition and schedules, confirm that you understand the bankruptcy process, and inquire about any assets, recent transactions, or potential issues.
If you filed with an attorney, your attorney will attend with you. For straightforward cases, the meeting typically lasts 5–15 minutes. If the trustee needs additional documentation or has concerns, you may need to provide more information or attend a continued meeting.
How Do You Receive Your Bankruptcy Discharge?
After completing a debtor education course and satisfying all requirements, you’ll receive a discharge order. Chapter 7 discharges typically issue 60–90 days after the 341 meeting. Chapter 13 discharges issue after completing your 3–5 year repayment plan.
Before receiving your discharge, you must complete a debtor education course (separate from the pre-filing credit counseling). This course covers budgeting, financial management, and responsible credit use. It’s available from court-approved agencies online or by phone.
Chapter 7 timeline: If there are no objections or complications, you’ll typically receive your discharge 60–90 days after the 341 meeting—about 3–4 months from filing.
Chapter 13 timeline: You must make all payments under your approved repayment plan (3–5 years). After completing the plan and the debtor education course, remaining qualifying debts are discharged.
The discharge order permanently eliminates your personal liability for discharged debts. Creditors can no longer attempt to collect those debts from you.
Need Help Filing Bankruptcy in New York?
The Law Office of Julio E. Portilla, P.C. guides clients through every step of the New York bankruptcy process—from determining whether Chapter 7 or Chapter 13 is right for your situation to representing you at your 341 meeting and helping you achieve your discharge.
Call 917-924-9790 to schedule a free 30-minute consultation.