New York Bankruptcy Laws

Federal filing fee for Chapter 7 bankruptcy. Fee waivers available for qualifying low-income filers.

Federal filing fee for Chapter 13 bankruptcy.

You must complete credit counseling from an approved agency within 180 days before filing and a debtor education course before discharge.

Chapter 7 filers must pass a means test comparing their income to New York's median. New York's high cost of living, particularly in NYC metro, affects the calculation significantly.

Protects equity in your primary residence: $150,000 in NYC-area counties (Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, Putnam), $125,000 in mid-tier counties (Dutchess, Albany, Columbia, Orange, Saratoga, Ulster), and $75,000 in all other counties.

Protects household furniture, appliances, clothing, wedding ring, tools of trade (up to $3,000), health aids, school books, and domestic animals (up to $1,000). Cash exemption available for certain bankruptcy filers.

IRAs (traditional and Roth), 401(k), 403(b), and 457 plans are fully exempt from judgment creditors with no dollar limit.

Only 10% of gross income may be garnished in most cases — New York protects 90% of wages, significantly more generous than the federal 75% protection. Additional protections apply when disposable earnings are below certain thresholds.

New York does not allow bankruptcy filers to choose federal exemptions. You must use New York state exemptions.