Skip to content
All posts

What are the steps involved in filing for bankruptcy in New York?

As a lawyer, I can provide the following advice on the steps involved in filing for bankruptcy in New York:

  1. Determine which type of bankruptcy to file for: In New York, individuals or businesses can file for bankruptcy under Chapter 7, Chapter 11 or Chapter 13. Each type of bankruptcy has specific eligibility requirements, advantages, and disadvantages. A bankruptcy attorney can advise which type of bankruptcy is appropriate based on the individual's or business's financial situation.
  2. Complete credit counseling: Before filing for bankruptcy, individuals and businesses must complete credit counseling from an approved agency. The counseling should occur within six months before filing their bankruptcy petition. The counselor will provide a certificate of completion, which is required when filing for bankruptcy.
  3. Gather necessary documentation: Individuals and businesses must provide comprehensive documentation of their financial situation. Documents that may be required include tax returns, paycheck stubs, bank statements, and bills.
  4. File a bankruptcy petition: Once the necessary documentation has been gathered, individuals or businesses must file a bankruptcy petition with the local bankruptcy court. The petition should include schedules that list assets, liabilities, income, and expenses.
  5. Attend a trustee meeting: After filing for bankruptcy, individuals or businesses must attend a meeting with a bankruptcy trustee. The trustee is appointed by the court to review the bankruptcy petition, ask questions, and verify the information submitted.
  6. Complete debtor education: After attending the trustee meeting, individuals or businesses must complete a debtor education course from an approved agency. The course must be completed within 60 days after the date of the trustee meeting.
  7. Receive a discharge: If the bankruptcy court approves the petition, the individual or business will receive a discharge order, which is the court's official release of the individual or business from its debts.

It should be noted that bankruptcy laws are complex and specific to each individual's or business's financial situation. Additionally, there may be limitations or exceptions to filing for bankruptcy, depending on the type of debt, income, and assets. As such, it is important to consult with a bankruptcy attorney for specific legal advice and guidance.