Chapter 7 Bankruptcy Lawyer Brooklyn
Start rebuilding your financial life in Brooklyn.
A Quick Overview of Chapter 7 Bankruptcy
Chapter 7 bankruptcy is designed to eliminate qualifying unsecured debt—such as credit cards, medical bills, personal loans, certain judgments, and old utility balances—so you can rebuild with a clean slate. In most cases, the process moves quickly (between four and six months), and the court grants a discharge a few months after filing.
It’s crucial to note that Chapter 7 typically does not eliminate recent tax debts, child support, alimony, criminal fines, or most student loans.
Eligibility starts with the means test. We compare your household income to the New York median for a household of your size ($68,795 for one person in 2025). If you’re under the median, you generally qualify. If you’re over, we examine allowable expenses—like housing, utilities, transportation, and certain other costs—to determine your disposable income.
Even if your income is higher, you may still qualify after these calculations. As your Chapter 7 Bankruptcy Lawyer in Brooklyn, we can conduct a thorough analysis to help you understand your financial situation before filing.
Additional requirements include:
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No Chapter 7 discharge in the last eight years
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No case dismissed in the last 180 days for specific reasons (such as failing to appear or comply with a court order)
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Completion of a credit counseling session from an approved provider within 180 days before filing
Once you file, the automatic stay goes into effect. This court order stops lawsuits, wage garnishments, collection calls, and most other creditor actions. If a creditor contacts you after you have filed, you can refer them to us. We’ll handle the communication and enforce your rights, giving you space to breathe and plan.
New York Exemptions
Many people worry they’ll lose everything in Chapter 7. In reality, generous New York exemptions protect essential assets. We can help you claim the full set of exemptions available to you, which commonly includes:
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Equity in your primary residence, up to the applicable homestead limit— up to $204,825 of home equity per person in New York City and surrounding counties (with potential for married couples to double this)
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A personal vehicle, up to the allowed equity amount ($4,825 or $11,975 if your vehicle has been modified for a disabled person)
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Most household goods, furniture, clothing, and personal items
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Qualified retirement accounts and many pensions
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Tools of your trade and certain personal injury recoveries
Costs and Fees Associated with Chapter 7 Bankruptcy
The Chapter 7 bankruptcy filing fee for New York is $338. This fee can be paid in installments. To do so, you need to fill out Official Form 103A. Payments may be made in up to four installments, with the final payment due within 120 days of filing the petition. Failure to make timely payments or to fully pay the fee may result in the dismissal of the bankruptcy petition.
To obtain a waiver, you’ll need to submit Official Form 103B. The judge may waive the fee if your income is below 150% of the official poverty line for your family size and you are unable to pay the fee in installments.
If you need to pay the filing fee in instalments or apply for a waiver, we’re also ready to guide you through this process.
How the Law Offices of Wenarsky and Goldstein, LLC Can Help You
You deserve more than forms and checklists. You deserve a dedicated team that understands the human side of financial hardship and the technical demands of a successful filing. That’s the standard we bring to every case.
No two financial stories are alike. We take time to understand your priorities—protecting a car, stabilizing housing, stopping a lawsuit, or simply ending the daily stress. Then, we tailor your Chapter 7 plan to align with those goals. From day one, you’ll know where your case stands and what comes next. We’re ready to respond promptly, explain your choices in plain English, and prepare you for each milestone.
If debt is keeping you up at night, you’re not alone—and you don’t have to face it alone. We help you qualify, protect essential assets, stop collection activity, and reach discharge as efficiently as possible. Just as important, we help you plan for life after bankruptcy.
When you’re ready, contact us to schedule an initial consultation with our team of skilled attorneys.
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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