Filing Bankruptcy in New York: Means Test, Exemptions and Courts

New York has 4 federal bankruptcy court districts, each with its own U.S. Bankruptcy Court: Southern District of New York (https://www.nysb.uscourts.gov/); Eastern District of New York (https://www.nyeb.uscourts.gov/); Northern District of New York (https://www.nynb.uscourts.gov/); Western District of New York (https://www.nywb.uscourts.gov/).

Median family income for New York: 1 person $73,272; 2 people $92,902; 3 people $115,579; 4 people $139,040; add $11,100 for each additional person beyond 4. These figures apply to bankruptcy cases filed on or after July 15, 2026.

New York lets an individual filer choose. The filer may use New York's own bankruptcy exemptions (Debtor and Creditor Law Article 10-A, which brings in the CPLR 5205 and 5206 exemptions) or, instead, the federal bankruptcy exemptions in 11 U.S.C. 522(d).

A principal residence (a house and lot, co-op shares, a condominium unit, or a mobile home) is exempt up to a value above liens that depends on the county. For cases and enforcement starting on or after April 1, 2024, the New York Department of Financial Services lists the adjusted homestead amounts as $204,825, $170,700 and $102,400. The statute sets three county tiers: Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam (base $150,000); Dutchess, Albany, Columbia, Orange, Saratoga and Ulster (base $125,000); and all other counties (base $75,000). The homestead exemption has no acreage limit; it is limited by dollar value.

One motor vehicle up to $5,500 in value above liens and encumbrances, or $13,625 if the vehicle has been equipped for use by a disabled filer (amounts effective April 1, 2024).

New York has no general wildcard exemption for any kind of property. Instead, a filer who does not claim the homestead exemption and has fully used the personal-property exemptions subject to the aggregate cap may also exempt cash (including bank deposits, savings bonds and tax refunds) up to the lesser of the unused part of that cap or a set amount. The statute's base figures are a $10,000 cap and $5,000 of cash; the Department of Financial Services lists the adjusted amounts as $13,625 and $6,825 effective April 1, 2024. Separately, if no homestead exemption is claimed, $1,325 of personal property, bank account or cash is exempt (base $1,000).

IRAs and Roth IRAs, Keogh (HR-10) plans, employer plans qualified under Internal Revenue Code section 401, and section 457 plans are treated as spendthrift trusts and are exempt, and 100% of payments from them is exempt. Additions made within 90 days before the claim, or that are voidable as fraudulent transfers, are not protected, and the exemption does not override qualified domestic relations orders or support orders. In bankruptcy, New York also exempts the right to receive payments under a pension, profit-sharing, annuity or similar plan to the extent provided in the Debtor and Creditor Law.

90% of the filer's earnings for personal services earned within 60 days before (and any time after) an income execution or court motion is exempt. A court can find that part of that amount is not needed for the reasonable requirements of the filer and dependents. Debtor and Creditor Law § 282 makes the CPLR 5205 exemptions available in bankruptcy.

New York has four bankruptcy courts. Eastern District: a Filing Pro Se page with a Pro Se Law Clerk who answers procedural questions (no legal advice), an eSR tool to prepare and submit Chapter 7 or 13 petitions online, and a Pro Se Document Upload tool for later filings (not for new cases). eSR filers must also provide the eSR Declaration, Statement About Your Social Security Numbers (Form 121) and a copy of government photo ID, plus the fee (money order or certified check) or a fee application, at the Brooklyn or Central Islip office or by upload where allowed. Southern District: an Information for Petitioners page, checklists and instruction sheets for individual filers, a free legal clinic offering 30-minute phone consultations with volunteer bankruptcy attorneys (call 212-284-4040), pro bono resources, a Pro Se Upload Tool and online fee payment. Northern District: a Filing Without an Attorney page, a Pro Se Petitioner's Packet (updated December 1, 2025), and pro se clinics offering free consultations and free representation for those who qualify by income. Western District: its Filing Without an Attorney page links to the national uscourts.gov guide and the Notice Required by 11 U.S.C. 342(b) (Form 2010).

Northern District of New York: Administrative Order 22-03 (signed April 7, 2022), Fees for Debtor's Counsel in Chapter 13 Cases, provides that a "Base Fee" paid upon confirmation as a Flat Fee from $3,500 to $6,500, determined by counsel at retention based on case complexity (e.g., business, consumer, W-2 wage earner or self-employed debtor, secured debt, mortgage arrears, taxes, stay extension, lien avoidance), is deemed presumptively reasonable under 11 U.S.C. 330(a) with no hearing or fee application; the order confirming the plan serves as the order approving compensation. The Base Fee covers 17 listed Base Legal Services through discharge (including the petition, schedules, plan, amendments needed for confirmation, the section 341 meeting, confirmation hearings, lien avoidance motions, pre-confirmation and two post-confirmation motions to dismiss or convert, and discharge certifications). Listed post-confirmation Additional Legal Services carry a presumed-reasonable fee of between $350 and $650 each (up to $750 for a motion to approve the sale of real property). Western District of New York: Administrative Order 2024-01-PRW (dated April 1, 2024), applicable to chapter 13 cases assigned to Judge Warren, sets the Presumptively Reasonable Base Legal Fee as a flat fee ranging from $3,750.00 (or less) to $6,750.00 depending on the nature and complexity of the case, paid upon confirmation for 17 listed Base Legal Services ("cradle-to-grave"); the order states that an award of those flat fees is not guaranteed and the court may reduce fees.