how to file bankruptcy without an attorney in new york

1. Determine Whether Your Income Meets the Means Test. When considering whether to file bankruptcy without a lawyer, the first step is to conduct a “ Means Test " to ...
2. Obtain Your Credit Reports and Complete Credit Counseling. The next step is to obtain credit reports from all three credit bureaus. ...
3. Fill Out the Paperwork. Filling out the official bankruptcy forms is generally the most complicated and time-consuming task if you choose to file bankruptcy without a lawyer.
4. Attend the Meeting of Creditors. You'll have to attend your “ Meeting of Creditors " on the scheduled date. ...
5. Take a Personal Financial Management Instruction Course. Finally, you must complete a post-filing Personal Financial Management Instruction Course within 45 days of your meeting of creditors.

Full Answer

Can you declare bankruptcy without an attorney?

Filing Without an Attorney. Corporations and partnerships must have an attorney to file a bankruptcy case. While individuals may appear “pro se” (without an attorney) in the bankruptcy court, it is recommended that you obtain the legal services of a bankruptcy attorney. Only an attorney is authorized to give legal advice regarding a bankruptcy case or proceeding.

How to declare bankruptcy without a lawyer?

Corporations and partnerships must have an attorney to file a bankruptcy case. Individuals, however, may represent themselves in bankruptcy court. While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully. It is very important that a bankruptcy case be filed and handled correctly. The rules are very technical, …

How do you file a lawsuit without an attorney?

Aug 28, 2019 · Trying to save up $1,500 to hire an attorney is very near impossible. But, you don’t need to hire an attorney to file a Chapter 7 bankruptcy in New York. The Legal Aid Society of New York City Civil Practice division offers essential civil legal services to families and individuals with nowhere else to turn. And even if you don’t qualify for free legal aid, you can still file a Chapter …

How to get a divorce without an attorney?

Caution: Click Here Before Proceeding without an Attorney. Legal advice cannot be given by any employee of the bankruptcy court. The Pro Se Law Clerk can answer procedural questions and clarify the bankruptcy process.

How long does it take to file bankruptcy in NY?

In general, you can expect it to take around three to four months on average to complete Chapter 7 bankruptcy and have your debts discharged. However, if there are objections from creditors or other complications, it could take much longer.

How much does it cost to file Chapter 7 bankruptcy in New York?

How much does it cost to file bankruptcy in NY? The total cost of a bankruptcy varies on the initial complexity of the case, whether there are any complications or issues raised by the trustee and the Chapter of bankruptcy you file. The current filing fee for: Chapter 7 is $306.

What Cannot be erased when you file for bankruptcy?

Most consumer debt, including medical bills and credit card bills, is dischargeable. Certain debts, however, are non-dischargeable, meaning they cannot be wiped out through bankruptcy. These are debts that Congress has decided should not be able to be discharged for public policy reasons.Oct 18, 2021

How do you qualify for bankruptcy in NY?

Essentially, you need to have three things: (1) moderate to low income, (2) significant amount of debt and (3) no substantial property. In order to qualify for Chapter 7 personal bankruptcy, you must have moderate to low income as set forth in the Bankruptcy Code.

How do I declare bankruptcy in NY?

Collect Your New York Bankruptcy Documents. ... Take Credit Counseling. ... Complete the Bankruptcy Forms. ... Get Your Filing Fee. ... Prepare to Submit Your Bankruptcy Forms. ... File Your Forms With the New York Bankruptcy Court. ... Mail Documents to Your Trustee. ... Take a Debtor Education Course.More items...•Feb 15, 2022

What types of debts are not dischargeable?

What Is Nondischargeable Debt? Nondischargeable debt is a type of debt that cannot be eliminated through a bankruptcy proceeding. Such debts include, but are not limited to, student loans; most federal, state, and local taxes; money borrowed on a credit card to pay those taxes; and child support and alimony.

Does a debt go away when you file bankruptcy?

Any outstanding balance owed at the time of a bankruptcy filing will still remain after the case is over. Legal fees and debt in a divorce decree: In many divorce decrees, one spouse agrees to pay for legal fees or some outstanding debts owed by the other spouse. These debts will survive your bankruptcy.Feb 26, 2021

Does bankruptcy clear all debts?

Declaring bankruptcy won't wipe out all debts and some types of debt will survive the bankruptcy. In other words, if you declare yourself bankrupt, you will still be required to pay: court-ordered penalties and fines. child support and maintenance payments.Mar 20, 2019

What happens if you don't list your debts in bankruptcy?

Debtors must list all property and debts in their bankruptcy schedules. If a debt is not listed, it is possible the debt will not be discharged.

What are pro se litigants?

Pro se litigants, whether debtor or creditor, are expected to follow the rules that govern procedures in the federal courts. Pro se litigants should be familiar with the United States Bankruptcy Code. (link is external) , the Federal Rules of Bankruptcy Procedure, and the local rules of the court in which the case is filed.

Can you file bankruptcy without an attorney?

While individuals can file a bankruptcy case without an attorney or "pro se," it is extremely difficult to do it successfully. It is very important that a bankruptcy case be filed and handled correctly. The rules are very technical, and a misstep may affect a debtor's rights. For example, a debtor whose case is dismissed for failure ...

What are the exemptions for bankruptcy in New York?

Exemptions are laws that allow you to protect certain property from being sold to pay creditors. Any property you can’t protect by claiming an exemption, is considered unprotected or non-exempt property and may be sold by the Trustee. In 96% of Chapter 7 bankruptcies individuals are able to exempt and keep all of their property. And, New York bankruptcy exemptions are more generous than most. For example, if you live in Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and, Putnam counties you can exempt up to $170,825 of equity in your primary residence if you elect to use New York bankruptcy exemptions. Federal bankruptcy exemptions, on the other hand, only allow you to exempt $25,150 of equity in your home. Exemptions vary from state to state and in New York the homestead exemption varies from county to county. However, if you choose to use New York bankruptcy exemptions, you must use all of them. You can’t mix and match.

Where is the bankruptcy court in New York?

The United States Bankruptcy Court for the Southern District of New York handles all bankruptcies in Manhattan and New York County. The Court is located at One Bowling Green in Manhattan, in the Alexander Hamilton Customs House. The courthouse is open to the public from 8:30 a.m. to 5:00 p.m. and an unexpired, government issued identification is required to enter the building. The George Gustav Heye Center of the National Museum of the American Indian is also located in the Alexander Hamilton Customs House, which was built as an official residence for the President of the United States but was never occupied. The Bankruptcy Court is found at the entrance to the left of the Grand Staircase. You must bring one signed copy of your New York City bankruptcy petition, your filing fee, request to pay it in installments or request for a fee waiver, and your certificate of credit counseling. A checklist of the items which should be included in your New York bankruptcy case is available on the Court’s website. The Alexander Hamilton Custom House is directly in front of the entrance to the Bowling Green Station of the No. 4 and 5 trains of the New York City Subway.

What happens if you file Chapter 7 bankruptcy?

And only 8 percent of Manhattanites drive to work! Of course, you may still “own” a car or motor vehicle even if you don’t drive it to work. If so, and you are still paying on your car, you’ll have to decide whether to keep the car or surrender it to the lender. Surrendering your car as part of a New York bankruptcy, might be a godsend if you have been wanting to get out of making car payments on a car you don’t drive anymore. If you do elect to keep the car, you must either “reaffirm” the loan by entering into a reaffirmation agreement with your lender. Or “redeem” the car by paying its market value to your lender. By redeeming the car, you get clear title to the vehicle and the balance of the loan is discharged. A reaffirmation agreement on the other hand, obligates you to continue making your car payments to your lender even after your New York bankruptcy is concluded. In exchange, your lender agrees not to take the car back as a result of you filing for bankruptcy. All reaffirmation agreements entered into without an attorney certifying that it’s in the debtor’s best interest, must be approved by the Court. This is to make sure ensure that you have sufficient income to make your car payments when your bankruptcy is concluded and that you are entering into the agreement voluntarily. Additional requirements for obtaining approval of a reaffirmation agreement in the Southern District of New York are detailed on the Court’s website.

How long does it take to get out of Chapter 7 bankruptcy?

Of the two, however, Chapter 7 is by far the most popular. Unlike a Chapter 13, you are not required to make any payments when you file a Chapter 7 bankruptcy in New York. And, instead of three to five years, your debts can be discharged and eliminated in as little as ninety days.

How much does a Metrocard cost in New York?

Currently, a 30-day New York City MetroCard costs $127. The Bankruptcy Court charges a little more than twice that for you to file a Chapter 7 bankruptcy in New York. There is a $338 filing fee required of everyone who files a Chapter 7 bankruptcy in New York.

How many pages are needed for bankruptcy in New York?

When completed, the forms for your Chapter 7 bankruptcy in New York City will consist of between 60 and 100 pages. You will need to print at least two copies of your New York City bankruptcy forms. You will sign one copy and file it with the Bankruptcy Court and keep the other copy for yourself. When you print your New York bankruptcy, you should only print on one side of each page. If you don’t have a home printer, or your printer is not capable of printing that many pages without difficulty, Upsolve suggests that you print the forms for your New York City bankruptcy at your local library. The New York Public Library offers black and white printing for $0.20 per page. The Mid-Manhattan Library is located at 476 Fifth Avenue (42nd Street Entrance) in Midtown Manhattan, just a 6 minute walk from the Grand Central and 42nd Street subway station. It’s open from 8:00 a.m. to 8:00 p.m., Monday and Thursday, 8:00 a.m. to 9:00 p.m., Tuesday and Wednesday, 8:00 a.m. to 6:00 p.m. on Friday, and 10:00 a.m. to 6:00 p.m. on Saturday. It’s closed on Sundays.

What is Upsolve for bankruptcy?

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool

How to file for bankruptcy?

Most people find it worthwhile to get counsel. A bankruptcy attorney will help you: 1 qualify for the chapter of your choice 2 determine when it's time to file 3 help you keep the property you want 4 make sure you don't run afoul of fraud or other issues, and 5 explain when you can stop paying the bills you'll erase in your case.

How does bankruptcy work in New York?

The bankruptcy process falls under federal law, not New York state law, and it works by unwinding the contracts between you and your creditors —that's what gives you a fresh start.

What is the NY wildcard exemption?

The New York wildcard exemption allows you to protect any personal property of your choice (not real estate) or cash up to a value of $1,175. This exemption is available only if you don't use the homestead exemption. (NYCPLR §§ 5205 (a) (9).)

How many judicial districts are there in New York?

The state of New York has three federal judicial districts—the Northern, Eastern, and Southern Districts of New York. Each district has a bankruptcy court with several divisions. To determine which division has jurisdiction over your case, use the Federal Court Finder page.

Can you file for bankruptcy in New York with two spouses?

Keep in mind that spouses who file together in New York can double the exemption amount in each category as long as both spouses have an ownership interest in the property.

How long does it take for creditors to stop bothering you?

Your creditors will stop bothering you soon after you file. It takes a few days because the court mails your creditors the notice of the "automatic stay" order that prevents most creditors from continuing to ask you to pay them. Here's what will happen next:

Who will review your exemptions?

Exempt your property carefully. The " bankruptcy trustee "—the court-appointed official assigned to manage your case—will review the exemptions. A trustee who disagrees with your exemptions will likely try to resolve the issue informally. If unsuccessful, the trustee will file an objection with the bankruptcy court, and the judge will decide whether you can keep the property.

What is a non-attorney petition preparer?

Non-attorney Petition Preparers. If you file bankruptcy pro se, you may be offered services by non-attorney petition preparers. By law, preparers can only enter information into forms. They are prohibited from providing legal advice, explaining answers to legal questions, or assisting you in bankruptcy court.

Can you file bankruptcy under Chapter 7?

Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues. Misunderstandings of the law or making mistakes in the process can affect your rights. Court employees and bankruptcy judges are prohibited by law from offering legal advice.

Can I file for bankruptcy without an attorney?

Individuals can file bankruptcy without an attorney, which is called filing pro se. However, seeking the advice of a qualified attorney is strongly recommended because bankruptcy has long-term financial and legal outcomes. Filing personal bankruptcy under Chapter 7 or Chapter 13 takes careful preparation and understanding of legal issues.