By William Waldner, Esq.
If you live in Brooklyn, Queens, Staten Island, Nassau, or Suffolk County and you are ready to deal with overwhelming debt, your consumer bankruptcy case will be filed in the Eastern District of New York (EDNY). This federal district handles thousands of Chapter 7 and Chapter 13 cases every year, and understanding how it works removes much of the fear that comes with filing.
Here is what to expect when you file bankruptcy in the EDNY: where your case goes, who is involved, how the timeline unfolds, and the exemptions that decide what you keep.
Which Counties Are in the Eastern District of New York?
The EDNY covers five counties:
- Kings County (Brooklyn)
- Queens County
- Richmond County (Staten Island)
- Nassau County
- Suffolk County
If you live in Manhattan, the Bronx, or Westchester, your case belongs in the Southern District of New York instead. Venue generally follows the county where you have lived for the greater part of the last 180 days.
Where Do I File My Case?
The EDNY has two bankruptcy courthouses:
Brooklyn – Conrad B. Duberstein U.S. Courthouse
271-C Cadman Plaza East, Brooklyn, NY 11201. This location serves Brooklyn, Queens, and Staten Island.
Central Islip – Alfonse M. D’Amato U.S. Courthouse
290 Federal Plaza, Central Islip, NY 11722. This location serves Nassau and Suffolk Counties on Long Island.
Which Chapter Should You File?
For individuals and families, there are two consumer options:
- Chapter 7 – liquidation. Qualifying unsecured debts such as credit card balances and medical bills are wiped out, usually within a few months, and most filers keep everything they own through New York’s exemptions. See the Chapter 7 bankruptcy timeline in NYC for a week-by-week look.
- Chapter 13 – reorganization. You keep your property and catch up on arrears through a Chapter 13 repayment plan that runs three to five years.
Chapter 11 exists as well, but it is generally used by businesses rather than consumers. Which chapter fits you depends on your income, your assets, and whether you are trying to save a home or car from foreclosure or repossession.
What the Process Looks Like, Step by Step
1. Credit Counseling
You must complete a credit counseling course from a U.S. Trustee–approved agency within the 180 days before you file. It usually takes under an hour online or by phone.
2. Filing the Petition
Your petition and schedules are filed electronically. The filing fee is $338 for a Chapter 7 case or $313 for a Chapter 13 case, and you can ask the court to waive it or let you pay in installments if money is tight. The moment your case is docketed, a case number is issued and the automatic stay takes effect, which is how soon creditors must stop calling after you file.
3. Trustee Appointment
A trustee is assigned to review your case, administer any non-exempt assets in Chapter 7, or manage your repayment plan in Chapter 13.
4. The 341 Meeting of Creditors
Roughly 21 to 40 days after you file, you attend the 341 meeting of creditors, where the trustee asks you questions under oath. In the EDNY these are commonly held by video or phone.
5. Financial Management Course
After filing, you complete a second short course – a debtor education course – before the court will enter your discharge.
6. Discharge or Plan Confirmation
In Chapter 7, your discharge is typically entered a few months after the 341 meeting. In Chapter 13, the court confirms your plan and your discharge comes after you finish the three-to-five-year plan.
Which Exemptions Apply in an EDNY Case?
New York lets you choose between the New York State exemptions and the federal bankruptcy exemptions – but you must pick one system and cannot combine the two. Choosing correctly is one of the most important decisions in your case, because it decides what you keep.
The federal exemptions were adjusted on April 1, 2025. The current amounts include:
- Homestead: $31,575 of equity in your residence
- Motor vehicle: $5,025
- Household goods: $800 per item, up to $16,850 total
- Jewelry: $2,125
- Wildcard: $1,675, plus up to $15,800 of any unused homestead amount
- Tools of the trade: $3,175
- Personal-injury awards: $31,575
- Retirement accounts: protected, with an IRA and Roth cap of $1,711,975
New York’s own set is often the better choice for homeowners, because the state homestead exemption protects far more equity in the downstate counties than the federal figure does. Those state amounts are adjusted periodically, so we keep them current in our dedicated guide to New York’s wildcard exemption. An experienced attorney will run the numbers both ways before your case is filed.
Who Is Involved in Your EDNY Case?
- Bankruptcy judge – decides legal issues and approves your discharge.
- Chapter 7 or 13 trustee – administers the case day to day.
- Creditors – may appear at the 341 meeting or file objections.
- U.S. Trustee – oversees compliance with the Bankruptcy Code.
- Your attorney – protects your interests and keeps the case on track.
Common Mistakes in EDNY Cases
- Missing required schedules or the two mandatory certificates.
- Failing to attend the 341 meeting.
- Choosing the wrong exemption system.
- Leaving out side-gig or freelance income.
- Forgetting the post-filing debtor education course.
What Does It Cost, and What Happens After?
We never quote a one-size-fits-all price. Our lowest Chapter 7 fee is $1,838, which already includes the $338 court filing fee; you can read a full breakdown of how much bankruptcy costs in NYC. Once your case is done, collection on discharged debts stops permanently, your credit begins to recover, and many filers qualify for new credit or an FHA mortgage within a year or two.
Ready to See Where Your EDNY Case Stands?
If you are in Brooklyn, Queens, Staten Island, or on Long Island and creditors are closing in, would it help to know exactly what filing in the Eastern District would look like for you?
Law Office of William Waldner — 469 Seventh Avenue, 12th Floor, New York, NY 10018 Call 212-244-2882 to schedule your free, confidential 20-minute consultation. We handle bankruptcy cases exclusively, in the Southern and Eastern Districts of New York.
