New York · Chapter 7 Bankruptcy: What to Know Before You File

Chapter 7 Bankruptcy: What to Know Before You File in New York

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What best describes your debt situation? *

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02 · Where cases are heard

Where would my case be heard?

New York Chapter 7 Exemptions

New York is an opt-in state (since 2011): a New York debtor may use the state exemption set OR elect the federal Section 522(d) exemptions. Because the federal set carries a larger wildcard, it is often the better choice for low-equity debtors. (Source: Nolo, New York Bankruptcy Exemptions.)

County-Tiered Homestead

(Source: Nolo, New York Bankruptcy Exemptions.)

(Source: Nolo, New York Bankruptcy Exemptions.)

Which State's Exemptions Apply

To compare your six-month income against the New York median, use the Chapter 7 means test calculator at /tools/chapter-7-means-test-calculator. To estimate what property New York or the federal set might protect, use the bankruptcy exemption estimator at /tools/bankruptcy-exemption-estimator.

How this works nationally

For the overall process and updates, read the Chapter 7 Bankruptcy: What to Know Before You File overview. This page covers the local information available for New York.

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You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.

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