New York Bankruptcy

Here you will find New York bankruptcy information and resource links.



If you are not looking for information regarding New York, please use the links on the right to find information for your state.



New York Bankruptcy Courts - Location and 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

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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

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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

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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

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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.

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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 (for cases filed between April 1, 2013 and April 30, 2013).

2. If income exceeds the median income, individuals may still file Chapter 7 bankruptcy based on results of Form 22A: Chapter 7 Statement of Current Monthly Income and Means-Test Calculation. .

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New York Credit Counseling and 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.

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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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