Background
Debt Elimination

Chapter 7 Bankruptcy

The fastest path to a debt-free life. Chapter 7 eliminates most unsecured debts in just 3–4 months — so you can stop worrying and start fresh.

What Is Chapter 7 Bankruptcy?

Chapter 7 bankruptcy — sometimes called "straight bankruptcy" or "liquidation bankruptcy" — is a federal legal process that allows individuals to eliminate most of their unsecured debts. Once your debts are discharged, you are no longer legally obligated to pay them. Period.

Despite the name "liquidation," the vast majority of Chapter 7 cases in New York are "no-asset" cases, meaning you keep everything you own. New York's generous exemptions protect your home, car, retirement accounts, household goods, and personal property. Most of our clients walk away having lost nothing except the debt that was crushing them.

Chapter 7 is the most common form of consumer bankruptcy in the United States, and for good reason: it's fast, effective, and gives people a genuine fresh start.

How Chapter 7 Works

1

Credit Counseling

Before filing, you must complete an approved credit counseling course (usually done online in about an hour). We'll tell you exactly which one to take and walk you through it.

2

The Means Test

To qualify for Chapter 7, your household income must be below the New York median for your family size — or you must show that after deducting allowable expenses, you don't have enough disposable income to fund a repayment plan. We handle all the calculations and paperwork.

3

Filing the Petition

We prepare and file your bankruptcy petition, schedules, and supporting documents with the U.S. Bankruptcy Court for the Eastern District of New York. The moment we file, the automatic stay takes effect — creditors must immediately stop all calls, lawsuits, garnishments, and collection actions.

4

341 Meeting of Creditors

About 30 days after filing, you'll attend a brief meeting (usually 5–10 minutes) where the bankruptcy trustee asks routine questions about your finances. We prepare you thoroughly and attend with you. In most cases, no creditors show up.

5

Debtor Education Course

After the 341 Meeting, you complete a second short course (financial management). Again, done online in about an hour. This is the final requirement before discharge.

6

Discharge

Approximately 60 days after the 341 Meeting, the court issues your discharge order. All qualifying debts are permanently eliminated. You're free.

What Debts Does Chapter 7 Eliminate?

✓ Debts That Are Discharged

  • Credit card balances — Visa, Mastercard, store cards, all of them
  • Medical and hospital bills — even massive amounts from surgeries or ER visits
  • Personal loans — bank loans, payday loans, online lender debt
  • Past-due utility bills — electric, gas, phone, internet
  • Old rent owed to landlords
  • Collection accounts — even if sold to third-party debt buyers
  • Deficiency balances — after car repossession or home foreclosure
  • Civil court judgments — most money judgments from lawsuits
  • Business debts — from sole proprietorships and failed ventures
  • Bounced check liability

✗ Debts That Generally Survive

  • Child support and alimony — domestic support obligations are never dischargeable
  • Most student loans — unless you can prove "undue hardship" (rare but possible)
  • Recent income taxes — taxes from the last 3 years generally survive
  • Court fines and restitution — criminal and traffic penalties
  • Debts from fraud — if you obtained credit through misrepresentation
  • DUI liabilities — debts from drunk driving injuries
  • Government fines and penalties
  • Certain tax liens — though the underlying debt may be dischargeable

What Property Can You Keep?

New York has some of the most generous bankruptcy exemptions in the country. Here's what's typically protected.

🏠

Your Home

New York's homestead exemption protects up to $179,950–$399,900 in home equity depending on your county. For most homeowners in Brooklyn, your home is fully protected.

🚗

Your Car

Up to $4,825 in vehicle equity is exempt (more for married couples filing jointly). If you owe more than the car is worth, 100% of the car is protected.

💰

Retirement Accounts

401(k)s, IRAs, pensions, and most retirement accounts are 100% exempt with no dollar limit. Your retirement is safe.

💺

Personal Property

Furniture, clothing, appliances, electronics, books, and household goods are protected. You keep the things that make your house a home.

Tools of the Trade

Equipment and tools necessary for your profession are exempt, protecting your ability to earn a living.

🔒

Public Benefits

Social Security, unemployment, disability, veterans' benefits, and public assistance are fully protected and cannot be touched by the bankruptcy.

Do You Qualify?

To file Chapter 7 in New York, you generally need to pass the "Means Test." This test compares your household income over the past 6 months to the median income for a household your size in New York State. If your income is below the median, you automatically qualify.

Even if your income is above the median, you may still qualify after deducting allowable expenses like rent, utilities, medical costs, childcare, and other necessities. Many people who think they earn "too much" actually pass the Means Test once deductions are applied.

As of 2026, the approximate New York median income thresholds are:

Household Size
Annual Median Income
1 person
$63,438
2 people
$79,459
3 people
$94,716
4 people
$116,688
Each additional
Add ~$10,000

Don't assume you don't qualify based on income alone. During your free consultation, we'll run the full Means Test with your actual numbers and tell you exactly where you stand.

Chapter 7 Myths vs. Facts

FACT: Over 95% of Chapter 7 cases in New York are "no-asset" cases — meaning the filer keeps everything. New York's exemptions are generous enough to protect your home, car, retirement, and personal belongings in the vast majority of cases.

FACT: Most clients see their credit scores begin improving within months of discharge. Many receive credit card offers within weeks and can qualify for car loans within a year or two. If you're drowning in debt right now, your credit is likely already suffering — bankruptcy is often the fastest way to start rebuilding.

FACT: While bankruptcy is technically a public record, it is not published in newspapers or announced publicly. Your employer, neighbors, and friends will not be notified. The only people who know are you, your attorney, the court, and the creditors listed in your case.

FACT: The Means Test allows for significant deductions. After subtracting mortgage/rent, car payments, utilities, medical expenses, childcare, taxes, and other living costs, many higher-income earners still qualify. The only way to know for sure is to run the numbers — which we do for free during your consultation.

FACT: You can file Chapter 7 again after 8 years, or file Chapter 13 just 4 years after a Chapter 7 discharge. Life happens, and the law recognizes that people may need a fresh start more than once.

Ready to Eliminate Your Debt?

Find out if Chapter 7 is right for you. Our free consultation takes the guesswork out of the process.

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