Filing Bankruptcy in the Eastern District of New York: What to Expect

If you’re struggling with debt and live in Brooklyn, Queens, Staten Island, or Long Island, your bankruptcy case will likely be filed in the Eastern District of New York (EDNY). This federal district handles thousands of Chapter 7 and Chapter 13 cases every year.

This guide explains what to expect when filing bankruptcy in EDNY, including where to file, how the process works, which exemptions apply, and how to avoid common mistakes.

📍 Which Counties Are in the Eastern District of New York?

The EDNY covers:

  • Kings County (Brooklyn)

  • Queens County

  • Richmond County (Staten Island)

  • Nassau County

  • Suffolk County

🏛️ Where Do I File My Bankruptcy Case?

EDNY has two primary courthouse locations:

1. Brooklyn Bankruptcy Court

  • Conrad B. Duberstein U.S. Courthouse
    271-C Cadman Plaza East, Brooklyn, NY 11201
    Serves Brooklyn, Queens, and Staten Island

2. Central Islip Bankruptcy Court (Long Island)

  • Alfonse M. D’Amato U.S. Courthouse
    290 Federal Plaza, Central Islip, NY 11722
    Serves Nassau and Suffolk Counties

Your venue depends on your county of residence or where your business is located.

⚖️ What Type of Bankruptcy Should I File?

  • Chapter 7 – Liquidation (wipe out qualifying debts quickly)

  • Chapter 13 – Reorganization (repay debts over 3–5 years)

  • Chapter 11 – Used mostly by businesses or high-net-worth individuals

Your eligibility depends on your income, assets, and debt levels.

📄 What’s the Process Like? Step-by-Step

1. Credit Counseling

  • Must be completed within 180 days before filing

  • Must be from a court-approved agency

2. Petition Filing

  • File electronically or in person at Brooklyn or Central Islip

  • Pay the filing fee or apply for a fee waiver or installment plan

  • Your case number is issued and the automatic stay takes effect

3. Trustee Appointment

  • A trustee is assigned to review your case and administer non-exempt assets (Chapter 7) or your repayment plan (Chapter 13)

4. 341 Meeting of Creditors

  • Typically held about 30–45 days after filing

  • May be held in person, by phone, or via Zoom

  • You’ll be asked questions about your financial situation under oath

5. Financial Management Course

  • Mandatory after filing

  • Must be completed before receiving a discharge

6. Discharge or Plan Confirmation

  • In Chapter 7, discharge usually occurs ~60–90 days after the 341 meeting

  • In Chapter 13, the court must confirm your plan—payments begin about 30 days after filing

🔐 Which Bankruptcy Exemptions Apply in EDNY?

New York allows debtors to choose between New York State exemptions and federal bankruptcy exemptions—but you can’t mix and match.

✅ New York State Exemptions (2024–2025)

[Read our full breakdown here: New York Bankruptcy Exemptions Explained (2025 Update)]

🏠 Homestead Exemption

  • $204,825 for your principal residence if located in Kings, Queens, Richmond, Nassau, or Suffolk Counties

🚗 Motor Vehicle

  • $5,500 equity ($13,625 if vehicle is disability-modified)

🧰 Personal Property

  • Household goods: $1,325 per item, up to $13,625 total

  • Tools of trade: $4,075

  • Clothing, appliances, wedding rings: Fully protected

  • Pets and religious items: Fully protected

💰 Cash and Wildcard

  • If you don’t use the homestead exemption:

    • $6,825 cash

    • $1,325 wildcard

🏦 Retirement & Benefits

  • All qualified retirement accounts: Fully protected

  • Social Security, unemployment, disability, public assistance: 100% exempt

💼 Wages & Support

  • 90% of earned but unpaid wages (last 60 days)

  • Child support and spousal maintenance: Exempt to the extent needed for support

🛡️ Federal Exemptions (April 2025 Update)

Use federal exemptions if:

  • You rent or don’t have much home equity

  • You have personal injury awards, wildcard assets, or retirement savings

Highlights:

  • Homestead: $31,575

  • Wildcard: $1,675 plus up to $15,800 of unused homestead

  • Vehicle: $5,025

  • Household goods: $800/item, $16,850 total

  • Personal injury: $31,575

  • Retirement: Up to $1.7M in IRAs and qualified plans

👥 Who’s Involved in Your EDNY Bankruptcy Case?

  • Bankruptcy Judge – Handles legal issues and approves your discharge

  • Chapter 7/13 Trustee – Manages case administration

  • Creditors – May file objections or appear at the 341 meeting

  • U.S. Trustee – Ensures compliance with the Bankruptcy Code

  • Your Bankruptcy Attorney – Advocates for your interests and ensures compliance

🚫 Common Mistakes in EDNY Cases

  • Not filing required schedules and certificates

  • Failing to attend your 341 meeting

  • Choosing the wrong exemption system

  • Forgetting to include income from side gigs or freelance work

  • Missing the post-filing education course

✅ What Happens After Bankruptcy?

  • Debt collection stops permanently for discharged debts

  • Credit scores begin to recover (many people are eligible for credit cards or FHA mortgages within 1–2 years)

  • You’ll get a fresh start and new financial options

📞 Need Help Filing Bankruptcy in EDNY?

At Midtown Bankruptcy, we serve clients throughout Brooklyn, Queens, Staten Island, and Long Island. Whether you’re filing Chapter 7 or Chapter 13, we help you protect your assets, maximize exemptions, and get relief from creditors.

Schedule a free consultation today and let us guide you through every step.

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