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New York Bankruptcy
Bankruptcy laws and resources vary from state to state. The following page provides information and resource links for the state of New York.
If you are not looking for information regarding New York, please use the links on the right to find information for your state.
- Courts - Location and Contact Information
- Bankruptcy Laws
- Approved Credit Counseling/Debtor Education Agencies
- New York Attorneys
- Other Bankruptcy New York Resources
New York Bankruptcy Courts - Location & Contact Information
New York bankruptcy courts are divided into four districts, which are further divided into several divisions. Generally, the debtor’s county of residence will determine which district and division the bankruptcy petition is filed. It may also be determined by the location of the debtor’s principal place of business or principal assets.
NORTHERN DISTRICT OF NEW YORK
COUNTIES OF JURISDICTION:Albany Division - Albany, Clinton, Columbia, Essex, Franklin, Fulton, Greene, Montgomery, Rensselaer, St. Lawrence, Saratoga, Schenectady, Schoharie, Ulster, Warren and Washington Counties
Syracuse Division - Cayuga, Cortland, Jefferson, Onondaga, Oswego, Tioga and Tompkins Counties
Utica Division - Broome, Chenango, Delaware, Hamilton, Herkimer, Lewis, Madison, Oneida and Otsego Counties
| DIVISION | STREET ADDRESS | MAILING ADDRESS | TELEPHONE |
| Albany Division |
U.S. Bankruptcy Court 330 James T. Foley U.S. Courthouse 445 Broadway Albany, NY 12207 |
Same | (518) 257-1661 |
| Syracuse Division |
U.S. Bankruptcy Court The Atrium 2 Clinton Square, 3rd Floor Syracuse, NY 13202-1046 |
Same | (315) 295-1600 |
| Utica Division |
U.S. Bankruptcy Court 230 Alexander Pirnie Federal Bldg 10 Broad Street Utica, NY 13501 |
Same |
(315) 793-8101 |
SOUTHERN DISTRICT OF NEW YORK
COUNTIES OF JURISDICTION:Manhattan Division - Bronx and New York Counties
Poughkeepsie Division - Dutchess, Orange, Putnam and Sullivan Counties
White Plains Division - Rockland and Westchester Counties
| DIVISION | STREET ADDRESS | MAILING ADDRESS | TELEPHONE |
| Manhattan Division |
U.S. Bankruptcy Court 615-3 Alexander Hamilton Custom House One Bowling Green New York, NY 10004-1408 |
Same |
(212) 668-2870 |
| Poughkeepsie Division |
U.S. Bankruptcy Court U.S. Courthouse 1st Floor 176 Church Street Poughkeepsie, NY 12601 |
Same | (845) 452-4200 |
| White Plains Division | U.S. Bankruptcy Court U.S. Courthouse 2nd Floor 300 Quarropas Street White Plains, NY 10601-4150 |
Same |
(914) 390-4060 |
EASTERN DISTRICT OF NEW YORK
COUNTIES OF JURISDICTION: Kings, Nassau, Queens, Richmond and Suffolk Counties| DIVISION | STREET ADDRESS | MAILING ADDRESS | TELEPHONE |
| Brooklyn Division |
U.S. Bankruptcy Court U.S. Post Office and Courthouse 271 Cadman Plaza East Brooklyn, NY 11201 |
Same |
(347) 394-1700 |
| Central Islip Division |
U.S. Bankruptcy Court Alfonse M. D'Amato U.S. Courthouse 100 Federal Plaza Central Islip, NY 11722 |
Same | (631) 712-6200 |
WESTERN DISTRICT OF NEW YORK
COUNTIES OF JURISDICTION:Rochester Division - Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Wayne and Yates Counties
Buffalo Division - Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans and Wyoming Counties
| DIVISION | STREET ADDRESS | MAILING ADDRESS | TELEPHONE |
| Rochester Division |
U.S. Bankruptcy Court 100 Kenneth B. Keating Federal Bldg 100 State Street Rochester, NY 14614 |
Same |
(585) 613-4200 |
| Buffalo Division |
U.S. Bankruptcy Court Olympic Towers Suite 250 300 Pearl Street Buffalo, NY 14202 |
Same | (716) 362-3200 |
New York Bankruptcy Laws and Exemptions
New York Exemptions
The U.S. Bankruptcy Code allows individual debtors to exempt certain property from creditor claims based on exemptions under either federal law or state law. Exemptions vary from state to state. Some states have adopted their own set of bankruptcy exemptions that are used in place of the federal exemptions. However, other states give debtors an option to choose between either state or federal exemptions.
For New York bankruptcy filings, state exemptions are used. Click here for some common bankruptcy exemptions under New York law, including §§ 5205 and 5206.
Contact a New York bankruptcy lawyer for more information regarding New York bankruptcy exemptions.
New York Means Test
The new bankruptcy laws enacted in 2005 also require that debtors pass a means test before filing a Chapter 7 bankruptcy. There are two ways to pass the means test:
1. the debtor's annual income (calculated using the average gross income for the six month period prior to filing) must be below the state median. Census Bureau statistics for state median income by family size can be found here.
2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results ofForm 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation.
New York Credit Counseling & Debtor Education Agencies
Pursuant to the new bankruptcy laws enacted in 2005, individuals who file personal bankruptcy (with limited exceptions) in New York must:
1. take a credit counseling course from an approved New York credit counseling provider within six months before filing bankruptcy; and
2. complete a debtor education course from an approved New York debtor education agency prior to receiving a bankruptcy discharge.
New York Personal Bankruptcy Attorneys
To find New York bankruptcy lawyers in your area, you may want to contact your local bar association or the New York State Bar Association:
New York State Bar Association
1 Elk Street
Albany, NY 12207
(518) 463-3200
Based on income, free bankruptcy advice and representation may also be obtained from the following organizations: See the New York Law Help's website for a list of organizations that provide legal services to low income clients in New York.
If you are concerned about the representation provided to you by an New York bankruptcy attorney, see the NYSBA's guide to attorney disciplinary procedures in New York State.
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Resources for New York Bankruptcy Laws
U.S. Bankruptcy Court for the Northern District of New York - administrative and procedural information for Northern District of New York bankruptcy filings
U.S. Bankruptcy Court for the Southern District of New York - administrative and procedural information for Southern District of New York bankruptcy filings
U.S. Bankruptcy Court for the Eastern District of New York - administrative and procedural information for Eastern District of New York bankruptcy filings
U.S. Bankruptcy Court for the Western District of New York - administrative and procedural information for Western District of New York bankruptcy filings
Office of the U.S. Trustee for Region 2 - oversees the administration of New York personal bankruptcy cases and case trustees
New York State Bar Association - information about the New York bar, membership, ethics, continuing legal education, and resources for the public.
       
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