Find Bankruptcy Lawyers Near You in Staten Island, NY

The typical cost for a bankruptcy lawyer in Staten Island, New York, includes the federal filing fee and the attorneys fee. For a Chapter 7 case, the filing fee is $338, and attorney fees generally fall between $1,200 and $2,500. For a Chapter 13 case, the filing fee is $313, and attorney fees range from $3,000 to $5,000. Many attorneys offer payment plans, allowing you to pay in installments before filing, and some Chapter 13 fees can be incorporated into the court-approved repayment plan. Low-income residents may qualify for pro bono assistance through organizations like the New York Legal Assistance Group or Legal Services NYC.

This information is general and does not constitute legal advice. Bankruptcy laws and fees are subject to change, and individual circumstances vary significantly. You should consult with a qualified bankruptcy attorney in Staten Island to discuss your specific situation and obtain accurate cost estimates.

For residents of Staten Island facing overwhelming debt, bankruptcy law provides a legal pathway to financial relief. The two most common forms for individuals are Chapter 7 and Chapter 13, while businesses often turn to Chapter 11. Chapter 7, known as liquidation bankruptcy, requires the debtor to surrender non-exempt assets to a trustee, who sells them to pay creditors. In exchange, most unsecured debts are discharged, typically within three to five months. This option is best suited for individuals with limited income and few valuable assets. Chapter 13, by contrast, is a reorganization plan for individuals with regular income. It allows debtors to keep their property while repaying a portion of their debts over three to five years through a court-approved payment plan. Chapter 13 is often chosen by those who want to catch up on mortgage arrears, protect a home from foreclosure, or discharge debts that are not eligible under Chapter 7. Chapter 11 is primarily for businesses, though high-income individuals may also use it to restructure significant debts. Choosing the correct chapter depends on your income, asset value, and long-term financial goals.

New York State law offers specific exemptions that protect certain property from liquidation in bankruptcy. Unlike some states, New York allows debtors to choose between the state exemption system and the federal exemption system, but you cannot mix them. The New York homestead exemption protects up to $179,975 of equity in your primary residence, provided the property is located in a county with a population under one million, which includes Staten Island (Richmond County). For homeowners with less equity, the exemption may be lower if the property is in a more densely populated county. The vehicle exemption in New York allows you to protect up to $4,825 of equity in one motor vehicle. Additionally, New York provides a wildcard exemption of up to $1,175, which can be applied to any property of your choice, plus up to $11,975 of any unused homestead exemption. Other important state exemptions include up to $5,000 in personal property (such as clothing, furniture, and appliances), up to $1,175 in cash or bank deposits, and retirement accounts like 401(k)s and IRAs are generally fully protected. These exemptions are codified in New York Debtor and Creditor Law sections 282 and 283, and they play a critical role in determining what you can keep after filing.

The means test is a critical calculation that determines eligibility for Chapter 7 bankruptcy. It compares your household income over the six months before filing to the median income for a household of the same size in New York. As of 2025, the median annual income for a one-person household in New York is approximately $69,000, for a two-person household about $84,000, for a three-person household about $97,000, and for a four-person household about $115,000. If your income is below the median, you automatically qualify for Chapter 7. If your income exceeds the median, you must complete a detailed expense calculation to determine your disposable income. If your disposable income over five years is less than $8,175, you still qualify for Chapter 7. If it is between $8,175 and $13,650, you may qualify depending on the ratio to your total debt. If it exceeds $13,650, you are presumed to have sufficient income to fund a Chapter 13 plan and cannot use Chapter 7. The means test considers allowable expenses such as housing, food, transportation, and healthcare, but luxury expenses are not permitted. This test ensures that Chapter 7 is reserved for those who genuinely cannot repay their debts.

Filing for bankruptcy triggers an automatic stay, which immediately stops most collection actions. Creditors must cease phone calls, letters, lawsuits, wage garnishments, and foreclosure proceedings. This protection begins the moment your case is filed with the bankruptcy court in the Eastern District of New York, which covers Staten Island. From filing to discharge, a Chapter 7 case typically takes 90 to 120 days, though complex cases may take longer. Chapter 13 cases last the duration of the repayment plan, usually three to five years. Before filing, you must complete a mandatory credit counseling course from an approved agency, which costs between $10 and $50. After filing but before receiving your discharge, you must complete a debtor education course, also from an approved provider, costing a similar amount. Failure to complete either course can result in your case being dismissed. The court will hold a meeting of creditors, called a 341 hearing, about 30 to 45 days after filing. This is a brief meeting where the trustee and any creditors can ask questions about your financial affairs. In most consumer cases, creditors do not attend.

The costs of filing bankruptcy include court filing fees and attorney fees. As of 2025, the filing fee for Chapter 7 is $338, and for Chapter 13 it is $313. These fees are set by the federal judiciary and are non-refundable. Attorney fees vary widely depending on the complexity of your case and the attorney you choose. For a straightforward Chapter 7 case in Staten Island, attorney fees typically range from $1,200 to $2,500. For a Chapter 13 case, fees are higher, often ranging from $3,000 to $5,000, because of the ongoing plan administration and court appearances. Many attorneys offer payment plans, allowing you to pay in installments before filing. Some attorneys may require full payment before filing a Chapter 7 case, while Chapter 13 fees can sometimes be included in the repayment plan. For those with very low income, pro bono resources are available through organizations such as the New York Legal Assistance Group (NYLAG) and Legal Services NYC. The United States Bankruptcy Court for the Eastern District of New York also maintains a list of approved credit counseling agencies and low-cost legal resources. It is important to discuss all fees and payment options during your initial consultation.

Life after bankruptcy involves both challenges and opportunities. A Chapter 7 discharge remains on your credit report for 10 years from the filing date, while a Chapter 13 discharge remains for 7 years. This can make obtaining new credit, renting an apartment, or securing a job more difficult in the short term. However, rebuilding credit is possible. Strategies include obtaining a secured credit card, becoming an authorized user on a responsible persons account, and making all payments on time. Many people see their credit scores improve within one to two years after discharge, as old debts are removed and new positive payment history is established. It is important to understand that not all debts are dischargeable. Student loans are generally not dischargeable unless you can prove undue hardship in an adversary proceeding, which is very difficult. Most tax debts are not dischargeable, especially if they are less than three years old or if you filed a fraudulent return. Child support and spousal support obligations are not dischargeable. Debts arising from fraud, willful injury, or drunk driving are also typically non-dischargeable. However, credit card debt, medical bills, personal loans, and most civil judgments can be discharged. A bankruptcy attorney can help you understand which of your specific debts may be eliminated.