New York Bankruptcy Filing Guide for Pro Se Filers
A practical resource for people in New York State who want to file bankruptcy without an attorney.
Filing bankruptcy on your own (“pro se”) is allowed in New York, but it requires careful attention to forms, deadlines, and documentation. This guide provides essential information about required forms, court locations, income limits for Chapter 7, credit counseling, and what to know if you decide to hire a bankruptcy petition preparer.
1. Filing Bankruptcy Without a Lawyer
When you file pro se, you are responsible for everything an attorney would normally handle: completing forms, gathering documents, filing with the correct court, attending the 341 meeting of creditors, and following all court rules.
- You are allowed to file pro se, but the court will hold you to the same standards as an attorney.
- Deadlines matter — missing one can lead to dismissal of your case.
- Accuracy matters — everything you file is signed under penalty of perjury.
2. Bankruptcy Forms
Bankruptcy requires a specific set of federal forms, including the petition, schedules, statements, and local forms required by each New York bankruptcy district. These forms must be completed accurately and filed with the correct court.
2.1 Download Free Official Bankruptcy Forms
The U.S. Courts provide all bankruptcy forms for free. You can download fillable PDFs here:
https://www.uscourts.gov/forms/bankruptcy-forms
These include the Voluntary Petition (Form 101), Schedules A–J, Statement of Financial Affairs, Means Test forms, and more.
2.2 Paid Bankruptcy Form Software (Optional)
Some pro se filers prefer software that guides them step‑by‑step through the forms. One option available to consumers is:
StandardLegal Bankruptcy Forms Software (Referral Link)
This is a paid option and is not required. It may help users who want a structured, interview‑style approach to completing forms.
3. If You Plan to Hire a Bankruptcy Petition Preparer (BPP)
A bankruptcy petition preparer (BPP) is a non‑attorney who can type your forms based on the information you provide. A BPP cannot give legal advice, choose exemptions, or represent you in court.
3.1 Official Form 119 (Required if You Use a BPP)
If you hire a BPP, they must give you Official Form 119: Bankruptcy Petition Preparer’s Notice, Declaration, and Signature before preparing any documents.
3.2 What a BPP Can Charge in New York
New York does not publish a statewide maximum fee for bankruptcy petition preparers. However:
- Fees must be reasonable for typing services only.
- BPPs must disclose all fees collected and any unpaid balance.
- The court may order refunds if fees are excessive or if the preparer engaged in unauthorized practice of law.
4. Required Credit Counseling
Before filing, you must complete a credit counseling session from an agency approved by the U.S. Trustee Program.
Approved Credit Counseling Agencies (US Trustee Program)
5. Chapter 7 Means Test: New York Income Eligibility
To qualify for Chapter 7, your household income must be compared to the New York median income for your household size. These numbers change regularly and are published by the U.S. Trustee Program.
5.1 Where to Find Current New York Median Income Numbers
Visit the official means testing page:
https://www.justice.gov/ust/means-testing
- Select the applicable filing period.
- Open the Median Family Income table.
- Find New York and your household size.
6. Bankruptcy Courts in New York
New York has four federal bankruptcy districts. Each district serves specific counties and may have multiple divisions or locations. You must file in the correct district based on where you live.
6.1 New York Bankruptcy Court Directory
| District | Division | Address | Website |
|---|---|---|---|
| Southern District of New York (SDNY) | Manhattan | One Bowling Green, New York, NY 10004 | https://www.nysb.uscourts.gov/ |
| White Plains | 300 Quarropas Street, White Plains, NY 10601 | https://www.nysb.uscourts.gov/ | |
| Poughkeepsie | 355 Main Street, Poughkeepsie, NY 12601 | https://www.nysb.uscourts.gov/ | |
| Eastern District of New York (EDNY) | Brooklyn | 271‑C Cadman Plaza East, Brooklyn, NY 11201 | https://www.nyeb.uscourts.gov/ |
| Central Islip | 290 Federal Plaza, Central Islip, NY 11722 | https://www.nyeb.uscourts.gov/ | |
| Northern District of New York (NDNY) | Albany | 445 Broadway, Suite 330, Albany, NY 12207 | https://www.nynb.uscourts.gov/ |
| Utica | 10 Broad Street, Utica, NY 13501 | https://www.nynb.uscourts.gov/ | |
| Syracuse | 100 South Clinton Street, Syracuse, NY 13261 | https://www.nynb.uscourts.gov/ | |
| Western District of New York (WDNY) | Buffalo | 2 Niagara Square, Buffalo, NY 14202 | https://www.nywb.uscourts.gov/ |
| Rochester | 100 State Street, Rochester, NY 14614 | https://www.nywb.uscourts.gov/ |
7. Federal and New York Bankruptcy Exemptions
Exemptions determine what property you can keep when filing bankruptcy. New York allows you to choose between federal exemptions and New York state exemptions, depending on eligibility.
7.1 Federal Exemptions
Federal Bankruptcy Exemptions (11 U.S.C. § 522)
7.2 New York State Exemptions
New York Civil Practice Law and Rules – Exemptions
8. Trustee Resources: 341 Meeting & Means Test
8.1 What Is the 341 Meeting of Creditors?
Every bankruptcy filer must attend a Section 341 Meeting of Creditors. A trustee will verify your identity and ask questions about your forms and financial situation.
U.S. Trustee Program – 341 Meeting Information
8.2 Means Test Overview
The means test determines whether you qualify for Chapter 7 or must consider Chapter 13. It compares your income to New York’s median income and evaluates allowable expenses.
Official Means Test Data (DOJ)
9. Final Notes for New York Pro Se Filers
This guide is meant to help you understand the process, but bankruptcy is a legal proceeding with long‑term consequences. Consider reviewing your court’s website, contacting legal aid, or consulting an attorney even if you plan to file pro se.