Brooklyn Bankruptcy Court
Guiding Brooklyn filers through every bankruptcy court step
How Does Brooklyn Bankruptcy Court Handle Bankruptcy Cases?
The Brooklyn bankruptcy court is part of the US Bankruptcy Court for the Eastern District of New York. It serves Brooklyn, Queens, Staten Island, and Long Island. If you live in one of these areas and need to file for bankruptcy, this is likely your court.
Cases filed here follow federal bankruptcy law. You can file under Chapter 7 to wipe out most debts fast, or under Chapter 13 to set up a repayment plan and keep your assets. The court handles both personal and small business filings.
The Brooklyn courthouse is located at 271-C Cadman Plaza East. Filings go through the court’s online system, but local rules still apply. Knowing those rules — and the deadlines that come with them — can make a real difference in how your case goes.
What You Need to Know About Brooklyn Bankruptcy Court
The Brooklyn bankruptcy court operates under the jurisdiction of the Eastern District of New York and follows both federal bankruptcy law and the district’s own local rules. Cases are assigned to judges based on the district’s internal rules. This means that you do not pick your judge.
The clerk’s office handles all filings, fee payments, and case records.
Chapter 7 and Chapter 13 are the two most common types of bankruptcy for individuals. Chapter 7 wipes out most unsecured debt — like credit cards and medical bills — in about three to five months. Chapter 13 establishes a repayment plan lasting 3 to 5 years.
Both types of cases are filed in the Brooklyn bankruptcy court when the debtor (you) lives in its district.
Means Test
To file, you are required to meet the means test. This compares your income to New York’s median income. As of April 1, 2026, the annual median income limits are approximately:
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$73,272 for 1 earner
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$92,902 for 2 people
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$115,579 for 3 people
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$139,040 for 4 people
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Add $11,100 for each individual in excess of 4
If your income falls below the median, you likely qualify for Chapter 7. If it is above, you may need to file Chapter 13 instead.
The Eastern District of New York follows the Federal Rules of Bankruptcy Procedure and its own local rules. These rules cover deadlines, required forms, and dispute resolution. Knowing both sets of rules is crucial when preparing your case.
Special Cases in Brooklyn Bankruptcy Filings
The Brooklyn bankruptcy court handles most cases in a straightforward way. But some situations add complexity, and knowing about them can help you plan ahead.
Automatic Stay Violations
When you file, the automatic stay goes into effect right away. It stops most collection efforts. But some creditors act slowly, or not at all. If a creditor keeps calling or takes action after your filing, you may have legal options. The court takes these violations seriously.
Mean Test Eligibility
Joint filers face different rules. If you and your spouse file together in Brooklyn, both of your incomes count toward the means test. This can affect whether you qualify for Chapter 7 or need to file Chapter 13 instead. It pays to run the numbers before you decide how to file.
Tax Debt
Not all tax debt gets wiped out in bankruptcy. Older income tax debt may be dischargeable under certain conditions, but recent tax debt usually is not.
Non-Dischargeable Debts
Some non-dischargeable debts — like child support, alimony, or most student loans — survive bankruptcy no matter what. Filing in Brooklyn does not change that. If you owe these types of debts, bankruptcy can still help by clearing other balances and freeing up cash flow.
Waiting Times Between Discharges
Finally, if you have filed for bankruptcy before, timing matters. The court enforces waiting periods between filings. Missing those windows can delay or dismiss your case.
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Chapter 7 to Chapter 7: 8 years.
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Chapter 7 to Chapter 13: 4 years.
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Chapter 13 to Chapter 13: 2 years.
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Chapter 13 to Chapter 7: 6 years (unless the Chapter 13 paid 100% of allowed unsecured claims, or 70% and was a good faith effort).
What to Expect When Filing in Brooklyn Bankruptcy Court
The Eastern District of New York handles all Brooklyn bankruptcy cases.
Here is what the process looks like, step by step:
Step 1: Pre-Filing Credit Counseling
Before you file, you are required to complete a credit counseling course. The course takes about 90 minutes. You need to use an agency approved by the US Trustee Program. Without this certificate, your case will not move forward.
Step 2: Filing Your Petition
Your attorney files your petition with the Brooklyn bankruptcy court. The filing fee for Chapter 7 is $338. Chapter 13 costs $313. Once filed, an automatic stay goes into effect. This stops most collection calls, wage garnishment, and foreclosure actions right away.
Speak to a Brooklyn Bankruptcy Attorney Today
If you are unsure how to file in the Brooklyn bankruptcy court or which chapter applies to your situation, speaking with an attorney can help. The Law Offices of Wenarsky and Goldstein, LLC, serves New York clients across all five boroughs.
Schedule an initial consultation to discuss your options with an attorney.
Frequently Asked Questions
1. Can I file bankruptcy in Brooklyn if I live in another borough?
Your filing location depends on your county of residence, not just your city. Manhattan and Staten Island residents file in different districts, so check your county before you file.
2. What happens to my mail and phone calls from creditors once I file?
The moment you file, an automatic stay goes into effect, stopping most collection calls and letters. Creditors are obligated to stop contact right away or risk court sanctions.
3. Do I need to bring anything special to the Meeting of Creditors?
You need to bring a valid photo ID and proof of your Social Security number to the meeting. Without both, the trustee may adjourn your case and set a new date.
4. How long does a bankruptcy stay on my credit report?
A Chapter 7 filing stays on your credit report for ten years; Chapter 13 filing stays for seven. Both timelines run from your filing date, not your discharge date.
5. Can I keep my tax refund after I file in the Eastern District of New York?
It depends on when you file and how large the refund is. The trustee may claim part or all of a refund earned before your filing date as an asset of the estate.
Call the Law Office of Wenarsky & Goldstein
At the Law Offices of Wenarsky & Goldstein, LLC, our New York and New Jersey attorneys are experienced and knowledgeable in bankruptcy, estate planning and probate, guardianship, special needs planning, and real estate law. To learn more about how we can assist you with your legal needs, call us today at 973-453-2838.
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