Answers to the 15 most common questions from New York residents considering bankruptcy.
Chapter 7 filing fee is $338 and Chapter 13 is $313. Attorney fees typically range from $1,500 - $3,500 for Chapter 7 and $3,500 - $6,000 for Chapter 13. Credit counseling costs about $25-50 total.
Chapter 7 filing fee is $338 and Chapter 13 is $313. Attorney fees typically range from $1,500 - $3,500 for Chapter 7 and $3,500 - $6,000 for Chapter 13. Full cost breakdown.
The means test compares your household income to the New York median. If below, you qualify for Chapter 7 automatically.
Yes, but there are time limits. Use the 1328(f) screener to check. Learn more.
New York's homestead exemption protects up to $179,975 - $215,550 (varies by county) of home equity. In Chapter 13, you can keep your home and catch up on missed payments. See all exemptions.
New York protects $4,825 in vehicle equity. In Chapter 13, you can keep your car and catch up on payments. Exemption details.
In Chapter 7, your tax refund may be an asset. In Chapter 13, you may need to turn it over to the trustee. Timing matters - discuss with your attorney.
Chapter 7 takes 3-4 months. Chapter 13 requires 3-5 years. Full timeline.
A brief hearing about 30 days after filing where the trustee asks questions under oath. Most last 5-10 minutes. Full guide.
The automatic stay takes effect immediately upon filing. It stops lawsuits, garnishments, foreclosures, repossessions, and collection calls.
Yes. The automatic stay stops garnishments immediately. Learn more.
Yes. Medical bills are fully dischargeable in both Chapter 7 and Chapter 13.
Generally no, except in cases of undue hardship. Learn more.
No. The automatic stay prohibits all collection activity.
Chapter 7 stays on your credit report for 10 years; Chapter 13 for 7 years. Many filers see recovery within 1-2 years. Rebuilding credit.
Chapter 7 is faster; Chapter 13 lets you keep property and catch up on debts. Compare them.
Use the free 1328(f) screener to check whether a prior discharge affects your eligibility.
Free Discharge ScreenerRelated New York Bankruptcy Resources
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