Bankruptcy Attorney New York

When personal debt becomes overwhelming, understanding your options under federal bankruptcy law is essential. A Bankruptcy Attorney New York can guide you through the process and help you determine whether Chapter 7 or Chapter 13 is suited to your situation. At Law Offices Of SRIS, P.C., Mr. Sris and the firm’s Of Counsel attorneys represent individuals and small business owners across New York City, including the Southern and Eastern Districts, and throughout the state. The firm, founded in 1997, brings a multi‑state practice to New York bankruptcy matters. If you are considering bankruptcy, reach our firm at (888) 437‑7747 to request a consultation. Law Offices Of SRIS, P.C. – Advocacy Without Borders.

What Bankruptcy Means in New York

Bankruptcy is a federal legal proceeding governed by the United States Bankruptcy Code. In New York, cases are heard in one of four judicial districts—Western, Northern, Southern, and Eastern. Most New York City residents file in the Southern District (Manhattan, Bronx, and several downstate counties) or the Eastern District (Brooklyn, Queens, Staten Island, and Long Island). Upstate filers may appear in the Northern or Western Districts. Although the substantive law is uniform, local procedural rules and the availability of state‑specific exemptions shape how a case is administered.

New York allows debtors to choose between the federal bankruptcy exemptions and the exemptions provided by New York State law. This choice can affect what property you keep in a Chapter 7 case or how the repayment plan is structured in Chapter 13. In addition, the means test—a formula that assesses whether a Chapter 7 filing would be presumed abusive—relies on median income figures published by the U.S. Trustee Program. Because New York’s cost of living is high, the median income ceilings are correspondingly elevated, which may affect eligibility. A bankruptcy attorney can explain how these local factors influence your case.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Bankruptcy Cases

The representation begins with a thorough review of your financial circumstances—income, expenses, assets, debts, and your goals. Mr. Sris and the firm’s Of Counsel attorneys work to identify the chapter that aligns best with those goals: Chapter 7 for individuals who qualify and seek a discharge of most unsecured debt, or Chapter 13 for those who need to catch up on mortgage arrears or keep non‑exempt property while repaying creditors over a three‑ to five‑year plan. For small business owners, Subchapter V of Chapter 11 may also be an option under certain circumstances.

After the initial evaluation, the firm’s attorneys prepare and file the petition, schedules, and statements that the Bankruptcy Code requires. This includes the statements of financial affairs, the means‑test form, and a proposed Chapter 13 plan where applicable. The filing triggers the automatic stay, which stops most collection actions, lawsuits, and foreclosures. Mr. Sris and the firm’s Of Counsel attorneys then appear at the meeting of creditors (the 341 hearing) and, if necessary, at any contested matters before the bankruptcy judge. Throughout the process, the firm’s focus is on helping you reach a discharge or complete a plan while protecting assets to the maximum extent permitted by law.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who has practiced law since 1997. He is admitted in New York, Virginia, Maryland, the District of Columbia, and New Jersey. His experience encompasses a wide range of civil and federal litigation, and he has handled bankruptcy matters for individuals and businesses in multiple jurisdictions. The firm’s Of Counsel attorneys contribute additional practical knowledge in bankruptcy law, consumer finance, and real estate, all of which are relevant to New York bankruptcy cases.

The firm’s Of Counsel attorneys are independent practitioners who work exclusively with Law Offices Of SRIS, P.C. on bankruptcy and related matters. Together, Mr. Sris and the firm’s Of Counsel attorneys bring a disciplined, detail‑oriented approach to the representation, whether the case involves a simple Chapter 7 no‑asset discharge or a complex Chapter 13 plan with contested claims and adversary proceedings. Reach the firm at (888) 437‑7747 to discuss your situation.

Last reviewed: July 2026

Frequently Asked Questions

What is the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 discharges most unsecured debts, such as credit card balances and medical bills, by liquidating non‑exempt assets, while Chapter 13 reorganizes debts into a court‑approved repayment plan that lasts three to five years. In New York, the choice depends on income, the value of your assets, and whether you wish to keep your home. Chapter 7 is often faster, but Chapter 13 can stop a foreclosure and allow you to cure mortgage arrears. An attorney can evaluate which chapter fits your financial picture.

Do I need a lawyer to file bankruptcy in New York?

You are not legally required to hire a lawyer to file for bankruptcy, but an attorney helps ensure your petition is accurate, your exemptions are claimed correctly, and you avoid procedural errors that could lead to dismissal or denial of discharge. The Bankruptcy Code and local rules in the Southern and Eastern Districts of New York are technical. Missing a deadline or misstating an asset can have serious consequences. Many people choose to work with an experienced bankruptcy attorney for peace of mind.

How do New York bankruptcy exemptions work?

New York allows debtors to elect either the federal bankruptcy exemptions or the state‑law exemptions set out in the New York Debtor and Creditor Law; you cannot pick and choose between the two systems. The state exemptions include a homestead exemption for real property, a motor vehicle exemption, and various personal‑property exemptions. The federal exemptions may offer a larger wildcard exemption. The choice can affect how much property you retain, so legal guidance is important.

Will filing bankruptcy stop collection calls and lawsuits?

Yes, the automatic stay that goes into effect upon filing prohibits most creditors from continuing collection efforts, including phone calls, letters, wage garnishments, and lawsuits. The stay remains in place until the court grants a discharge, dismisses the case, or lifts the stay at a creditor’s request. Certain debts, such as most student loans or ongoing child‑support obligations, are not discharged, but the stay still halts collection during the bankruptcy.

Can I keep my home if I file bankruptcy in New York?

In many cases, yes—Chapter 13 can stop a foreclosure and allow you to repay mortgage arrears over time, while Chapter 7 may let you keep your home if the equity falls within the available exemption. New York’s homestead exemption protects a certain amount of equity in a primary residence. If your equity exceeds the exemption, Chapter 13 can be used to protect the home while you pay creditors over time. Every case depends on individual facts, and a review of the mortgage balance, market value, and exemption amount is essential.

What is the means test, and how does it apply in New York?

The means test compares your household income to the median income for a similar‑sized household in New York State; if your income is above the median, it calculates whether you have enough disposable income to fund a Chapter 13 plan. Because New York’s median income figures are higher than the national average, some filers who might not qualify for Chapter 7 in other states may qualify here. The test uses figures published by the U.S. Trustee Program, and an attorney can run the calculation.

How long does a typical bankruptcy case take in New York?

The timeline depends on the chapter and the court’s schedule—a Chapter 7 no‑asset case generally takes about four to six months from filing to discharge, while a Chapter 13 plan lasts three to five years. The meeting of creditors is usually scheduled about a month after filing, and the discharge in Chapter 7 follows roughly 60 days later if there are no objections. Chapter 13 requires the confirmation of a plan, which can take several months, and then regular plan payments over the committed period.

What documents do I need to bring to an initial bankruptcy consultation?

Bring a list of all creditors and the amounts owed, recent pay stubs or proof of income, tax returns for the past two years, bank statements, and any court papers related to a pending lawsuit or foreclosure. Also bring a list of your assets, including real estate, vehicles, and personal property of significant value. The attorney will use this information to prepare a preliminary assessment of which chapter you qualify for and what exemptions may apply. Having these documents ready saves time and helps the attorney give you a clearer picture of your options.

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