How To File Bankruptcy for Free in New York

Struggling with debt can feel overwhelming. You’re not alone. Many New Yorkers face financial stress after job loss, medical emergencies, or other hardships. Bankruptcy exists to give you a financial fresh start.

Filing Chapter 7 bankruptcy in New York erases many debts. Credit card bills, medical expenses, and payday loans disappear. Chapter 7 usually can’t wipe out alimony, child support, or older tax debt.

Many people successfully file on their own. You’ll learn what documents to gather, how to complete forms, and what to expect.

Collect Your Bankruptcy Documents

Before filing your Chapter 7 bankruptcy case, gather important documents. Getting these in order speeds up the process.

You must have:

• Tax returns from the last two years
• Pay stubs (or other proof of income) for the past six months
• Bank statements that include your expected filing date

Helpful documents include:

• Older bank statements: Gather statements from the past six months to a year.
• Recent bills and collection letters: Collect anything received in the last 90 days.
• Loan documents: Find original loan agreements and recent statements for personal loans, payday loans, or auto loans.
• Your credit report: Get a free copy weekly from all three major credit bureaus at AnnualCreditReport.com.

Take the Required Credit Counseling Course

Everyone filing bankruptcy must take a credit counseling course first. The course helps you explore debt relief options.

Here’s what you need to know:

• Takes about 1-2 hours to complete
• Available online, by phone, or in person
• Must use an approved provider
• Costs $10-$50, but you can apply for a fee waiver
• Must complete within 180 days before filing your case

Save your certificate of completion. You’ll file it with your other bankruptcy forms.

Complete the Bankruptcy Forms

Most forms needed for Chapter 7 bankruptcy are federal forms. They’re the same no matter where you live in New York.

Download required forms for free as fillable PDFs from the U.S. Courts website. Fill them out on a computer or print and complete by hand with blue or black ink.

If your case is simple, speak with a bankruptcy attorney for free to ensure you’re on the right track.

Get Your Filing Fee

The court filing fee for Chapter 7 bankruptcy is $338. Many filers qualify for a fee waiver.

Check the New York Fee Waiver Eligibility table to see if you’re eligible.

If you can’t pay the fee in full, apply to pay in installments. Propose payment amounts and schedule. Pay the full $338 within 120 days of filing.

Installment plans help if you’re facing wage garnishment or constant collection calls. Filing quickly gives you protection from the automatic stay. The stay stops most collection actions immediately.

Stick to your payment schedule. Missing payments causes the court to dismiss your case. You don’t get debt relief and you won’t get your money back.

File Your Forms With the Court

The filing process varies depending on how you plan to file.

If you’re filing on your own and don’t want to e-file, print forms and submit them in person or via mail.

Some New York districts allow pro se filers to file paperwork online. Others require you to print and file forms in person or by mail. Check your district’s local rules for details.

Mail Documents to Your Trustee

After filing your case, the court assigns a bankruptcy trustee. The trustee’s job is ensuring everything in your paperwork is accurate.

You’ll get the trustee’s name and contact information within a few days. You’ll meet your trustee at your 341 meeting.

At least seven days before your 341 meeting, send the trustee:

• Your two most recent federal tax returns
• A bank statement that includes your bankruptcy filing date

Some trustees send a letter asking for extra documents. Read requests carefully and follow instructions.

Take a Debtor Education Course

After filing your case, complete the debtor education course (financial management course).

The class covers basic money skills like budgeting, saving, and managing credit. You get tools to help make the most of your fresh start.

Here’s what you need to know:

• Takes about 1-2 hours, available online, by phone, or in person
• Costs $10-$50, but you can apply for a fee waiver
• Must use a court-approved provider for New York
• Must finish within 60 days of your 341 meeting
• File your certificate of completion with the court or your case may close without wiping out debts

Attend Your 341 Meeting

Everyone filing Chapter 7 bankruptcy must attend a meeting of creditors.

The court sends you an official notice with the date and time. The same notice includes your trustee’s contact information.

Most 341 meetings in New York are held virtually by phone or video. Some may still be in person.

The meeting is usually quick and straightforward. You’ll answer questions from your trustee, who will:

• Confirm your identity by checking your ID and Social Security number
• Ask basic questions about information in your bankruptcy forms
• Review your overall financial situation

The meeting isn’t in a courtroom. A judge won’t be there. Meetings last only 10-15 minutes.

Deal With Your Car

You have different options for handling your car. Options depend on whether you own it, lease it, or have a car loan. If you don’t have a car, skip this step.

If you’re still making car loan payments, you have two main options:

• Surrender the car (give it up) if payments are too high or you owe much more than it’s worth. Surrendering wipes out the remaining balance.
• Keep the car and keep paying the loan if payments are up to date, the car is in good shape, and the loan balance is close to the car’s value. Your lender may ask you to sign a reaffirmation agreement.

If you own the car outright, you can usually keep it if protected by a bankruptcy exemption. New York’s motor vehicle exemption protects up to $4,000 of equity in one car.

New York Bankruptcy Means Test

Not everyone qualifies for Chapter 7. You’ll need to pass the means test.

The means test has two parts:

1. First, it looks at your income. If your average monthly income is below the median for a household your size in New York, you pass.
2. If your income is above the median, the second part looks at your living expenses and what’s left over each month. You may still qualify if you don’t have much money left after covering basic needs.

If the test shows you can afford to repay some debt, you might not qualify. Many people in this situation explore Chapter 13 bankruptcy.

Median Income Levels for New York

The median income standards determine if you automatically pass the means test. Check your household size against these figures for cases filed in 2025.

Fee Waiver Eligibility for New York

You qualify for a fee waiver when your income is under 150% of the poverty level. The table below shows eligibility limits based on household size.

New York Districts and Filing Requirements

New York has four federal bankruptcy districts. Each one has its own local rules, forms, and instructions.

Your district is based on the county you live in. Check your district before starting the filing process.

Here’s a breakdown of the four districts:

• Northern District of New York covers Albany, Utica, Syracuse, and surrounding counties.
• Eastern District of New York includes Richmond (Staten Island), Kings (Brooklyn), Queens, Nassau, and Suffolk counties.
• Southern District of New York includes the Bronx, New York (Manhattan), Dutchess, Orange, Putnam, Rockland, Sullivan, Greene, Ulster, and Westchester counties.
• Western District of New York covers Allegany, Cattaraugus, Chautauqua, Chemung, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Schuyler, Seneca, Steuben, Wayne, Wyoming, and Yates counties.

All bankruptcy courts in New York accept money orders or certified checks for the filing fee. Get a money order for a small fee at your local U.S. Post Office.

Some courts also offer other options:

• Eastern District accepts online payments through Pay.gov.
• Southern District accepts cash payments at the Manhattan courthouse.
• Western District accepts cash payments at the Buffalo courthouse.

Northern District of New York

The Northern District covers 32 counties in upstate New York. It’s divided into three divisions based in Albany, Utica, and Syracuse.

The county you live in determines which division handles your case.

File your bankruptcy petition in person at the courthouse in Albany, Utica, or Syracuse, or send it via mail.

Pay the filing fee via money order or certified check. The Northern District doesn’t allow online filings or fee payments.

Eastern District of New York

The Eastern District includes Richmond (Staten Island), Kings (Brooklyn), Queens, Nassau, and Suffolk counties.

File your bankruptcy petition in person, via mail, or online using the court’s Electronic Self-Representation (eSR) system. The free tool is designed for people filing without a lawyer.

If you file in person, bring two full copies of your completed bankruptcy forms.

Pay the filing fee via money order or certified check in person or via mail. You can also pay online using a debit card or checking account at Pay.gov. The court doesn’t accept personal checks, third-party checks, credit cards, or cash.

Southern District of New York

The Southern District handles cases for people in Manhattan (New York County), the Bronx, Westchester, Dutchess, Orange, Putnam, Rockland, and Sullivan counties. It also shares responsibility for Greene and Ulster counties.

The court has locations in Manhattan, White Plains, and Poughkeepsie. File your bankruptcy petition in person or send it via mail.

Pay the filing fee via money order or certified check made out to: Clerk, U.S. Bankruptcy Court – SDNY. The Manhattan courthouse also accepts cash payments. Personal checks, credit cards, and third-party checks aren’t accepted.

Western District of New York

The Western District has two court locations, Buffalo and Rochester, and serves 22 counties.

Even if you file your case in one of these cities, your 341 meeting may be scheduled at another location within the district.

If you’re filing without a lawyer, the court requires:

• Your original signed bankruptcy petition
• Three full copies of all completed bankruptcy forms

File your forms in person at the Buffalo or Rochester courthouse or by mail.

Pay the $338 filing fee with a money order or certified check made out to: Clerk, U.S. Bankruptcy Court. The Buffalo office accepts exact cash payments. The Rochester office doesn’t accept cash. Personal checks, third-party checks, and credit cards aren’t accepted.

New York Bankruptcy Exemptions

When you file bankruptcy, exemptions help protect things you need to live and work. Clothes, furniture, and sometimes your car or home are protected.

If you’ve lived in New York for at least two years before filing, you choose between New York’s exemptions or the federal exemptions. You can’t mix and match.

Both are designed to protect essential property. Most people choose the set that covers more of what they own. Here’s a quick look at common exemptions:

New York Bankruptcy Lawyer Cost

Filing bankruptcy can feel overwhelming. For some people, working with a lawyer brings peace of mind.

Most New York bankruptcy attorneys charge a flat fee. Expect to pay between $965 and $1,550, depending on how complex your case is. You can also speak with a bankruptcy attorney for free to explore your options.

New York Legal Aid Organizations

If you’d like help from a lawyer but can’t afford one, you may get free legal assistance through a legal aid organization. Many groups help low-income New Yorkers with civil legal issues, including Chapter 7 bankruptcy.

Depending on where you live, you might get help directly through your district bankruptcy court. You can also contact a nonprofit legal aid organization serving your area.