How to file bankruptcy in New York
Courts, filing fees, the means test, and what property you can keep in New York, with figures updated automatically from official sources.
New York bankruptcy courts
New York has 4 bankruptcy courts, one for each federal judicial district in the state. You file in the district where you have lived for most of the last 180 days.
- U.S. Bankruptcy Court, Northern District of New York
- U.S. Bankruptcy Court, Southern District of New York
- U.S. Bankruptcy Court, Eastern District of New York
- U.S. Bankruptcy Court, Western District of New York
Each court's website has its local rules, filing instructions for people without a lawyer, and the courthouse address.
Do you qualify for Chapter 7 in New York?
To file Chapter 7 you must pass the means test. It compares your household's average income over the last 6 months, multiplied by 12, with the median income for a household your size in New York. If you are at or below the median, you generally qualify.
| Household size | Median annual income |
|---|---|
| 1 person (1 earner) | $73,272 |
| 2 people | $92,902 |
| 3 people | $115,579 |
| 4 people | $139,040 |
| 5 people | $150,140 |
| 6 people | $161,240 |
| 7 people | $172,340 |
| 8 people | $183,440 |
For households larger than 4, add $11,100 for each additional person. Source: U.S. Trustee Program.
Use the New York means test calculator
If your income is above the median, you may still qualify after a second calculation that subtracts allowed expenses (Official Form 122A-2), or you can file Chapter 13 instead.
Filing fees
Bankruptcy filing fees are the same in every state: $338 for Chapter 7 and $313 for Chapter 13 (fees in effect since December 1, 2023). You can ask to pay in installments. In Chapter 7, you can ask the court to waive the fee if your household income is below 150% of the federal poverty line.
What property can you keep in New York?
Published sources disagree on whether New York lets you choose the federal bankruptcy exemptions instead of New York's own list. Check with your bankruptcy court or a local bankruptcy lawyer before you rely on either list.
Your bankruptcy court's website is a good place to start; many courts publish a guide to exemptions for people filing without a lawyer.
Separately, federal law limits a state homestead exemption to $214,000 for a home bought within about 40 months (1,215 days) before filing (11 U.S.C. § 522(p)). If you moved to New York within the last 2 years, the exemptions of the state you lived in before may apply instead.
How to file in New York, step by step
- Take a credit counseling course from an approved agency within 180 days before you file.
- Gather your documents: pay stubs, tax returns, bank statements, bills, and a list of everything you own and owe.
- Fill out the official forms. Our free filing tool fills in the official court forms with your answers.
- File with the bankruptcy court for your district in New York and pay the filing fee, or apply to pay in installments or have it waived.
- Attend the meeting of creditors (the "341 meeting"), usually 3 to 6 weeks after filing.
- Take a debtor education course and file the certificate. In Chapter 7, you usually receive your discharge a few months after filing.
Bankruptcy lawyers in New York
Filing on your own works best for simple cases. If you own a home, run a business, or have income above the median, a lawyer is usually worth it. Many offer a free consultation.
New York bankruptcy questions
What is the median income for the bankruptcy means test in New York?
For cases filed on or after July 15, 2026, the median annual income in New York is $73,272 for a single earner, $92,902 for 2 people, $115,579 for 3, and $139,040 for 4. Add $11,100 for each additional person.
How much does it cost to file bankruptcy in New York?
The court filing fee is $338 for Chapter 7 and $313 for Chapter 13. You can ask to pay in installments, and in Chapter 7 you can ask the court to waive the fee if your income is below 150% of the poverty line. You also need to take two short courses.
Which bankruptcy court do I file in, in New York?
New York has 4 bankruptcy courts, one for each federal judicial district in the state. You file in the district where you have lived for most of the last 180 days.
Can I use the federal bankruptcy exemptions in New York?
Sources disagree on whether New York allows the federal exemptions. Confirm with your bankruptcy court or a New York bankruptcy lawyer.
Can I file bankruptcy in New York without a lawyer?
Yes. Anyone can file their own case. Simple Chapter 7 cases are the best fit; consider a lawyer if you own a home with equity, run a business, or have income above the median.
General information, not legal advice. Figures last updated from official sources: means test July 15, 2026; federal exemptions April 1, 2025.
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