Best Bankruptcy Lawyers in Buffalo

About Bankruptcy Law in Buffalo, United States

Bankruptcy is a federal legal process that helps individuals and businesses resolve overwhelming debt under the U.S. Bankruptcy Code. If you live in Buffalo, New York, bankruptcy cases are handled in the U.S. Bankruptcy Court for the Western District of New York. Filing bankruptcy can stop creditor collection activity, including most lawsuits, wage garnishments, and foreclosure actions, by triggering an automatic stay. The two most commonly used consumer options are Chapter 7, which may discharge qualifying unsecured debts after liquidation of nonexempt assets, and Chapter 13, which creates a court-approved repayment plan typically lasting three to five years. New York state rules interact with federal law in important ways, especially regarding which property exemptions you may use to protect assets.

Why You May Need a Lawyer

Bankruptcy procedures involve legal forms, deadlines, hearings, and interactions with creditors and trustees. A lawyer can help in many situations, including:

- Determining whether bankruptcy is the right choice versus alternatives like debt negotiation, debt settlement, or loan modification.

- Choosing the appropriate chapter - often Chapter 7 or Chapter 13 - based on your income, assets, and goals.

- Completing the means test and other required forms accurately to avoid dismissal or denial of discharge.

- Protecting exempt property under New York exemption law and advising how state exemptions apply to real estate, vehicles, retirement accounts, and household goods.

- Negotiating with secured creditors - for example, to keep a home or car, to cure arrears, or to surrender collateral on favorable terms.

- Managing creditor claims, responding to adversary proceedings such as complaints to deny a discharge, and handling potential allegations of fraud or preferential transfers.

- Guiding you through trustee meetings, court appearances, and post-discharge obligations like reaffirmation agreements and tax filing requirements.

Local Laws Overview

Key local aspects for bankruptcy filers in Buffalo include:

- Federal framework with local implementation - Bankruptcy is governed by the U.S. Bankruptcy Code and federal bankruptcy rules. Local practice and procedures are set by the U.S. Bankruptcy Court for the Western District of New York and by the U.S. Trustee program that oversees administration of cases.

- New York exemptions - New York has opted out of the federal bankruptcy exemption system, so most debtors who file in Buffalo must use New York state exemptions. These exemptions determine how much equity in a home, vehicle, or personal property you can protect. Exemption amounts and qualifying rules can change, so current guidance is important.

- Trustee and meeting of creditors - After filing, a Chapter 7 or Chapter 13 case will include a 341 meeting of creditors, overseen by the trustee assigned to your case. The meeting typically takes place within a few weeks of filing and requires you to answer questions under oath about your finances.

- Means test and eligibility - To qualify for Chapter 7, your income and household size are evaluated using a federal means test. If you do not qualify for Chapter 7, Chapter 13 may allow you to reorganize and repay debts over time.

- Local procedures and forms - The Western District has local rules, court filing requirements, and electronic filing systems. Pro se filers should be especially careful to follow local rules to avoid delays or dismissal.

Frequently Asked Questions

What are the main differences between Chapter 7 and Chapter 13?

Chapter 7 is often a liquidation process where a trustee may sell nonexempt assets to pay creditors, after which many unsecured debts are discharged. It usually lasts a few months. Chapter 13 is a reorganization plan for wage earners that allows you to repay some or all debts over three to five years while keeping protected property, such as a home. Eligibility and results depend on your income, assets, and debts.

Do I have to use federal bankruptcy exemptions or New York state exemptions?

New York has opted out of the federal exemption system, so most filers in Buffalo must use New York state exemptions. Exemption rules determine what property you can protect. Because exemption amounts and rules can change, consult a local attorney or the court to confirm current exemptions.

How long does a bankruptcy case take in Buffalo?

Chapter 7 cases commonly conclude within three to six months from the filing date to the discharge, assuming no adversary proceedings or complications. Chapter 13 involves a repayment plan lasting three to five years, with discharge occurring after completion of plan payments and required counseling and documents.

Can bankruptcy stop foreclosure on my home?

Filing bankruptcy triggers an automatic stay that temporarily halts most foreclosure actions. In Chapter 13, you can propose a plan to cure mortgage arrears and keep your home if you can meet plan terms. In Chapter 7, the automatic stay may provide time, but unless you can cure arrears or negotiate with the lender, the lender may seek relief from the stay and proceed with foreclosure.

Will bankruptcy wipe out my student loans?

Student loans are generally not dischargeable unless you can prove undue hardship in an adversary proceeding, which is a difficult standard to meet. Many filers need specialized legal advice if they want to attempt a discharge of student loan debt.

How will bankruptcy affect my credit score?

Bankruptcy will negatively affect your credit report, and a Chapter 7 or Chapter 13 can remain on your credit history for up to 10 years. However, many people see their credit begin to recover within months after filing, especially if they use bankruptcy to eliminate unaffordable debt and then rebuild credit responsibly.

Do I need a lawyer to file bankruptcy in Buffalo?

You are not legally required to have a lawyer to file bankruptcy, but there are many procedural and strategic complexities. An experienced local attorney can reduce errors, improve the likelihood of a successful discharge, help preserve property, and protect you during creditor disputes or adversary proceedings.

How much does it cost to file bankruptcy?

There are court filing fees and attorney fees. Filing fees vary and may change over time; some filers qualify to pay the filing fee in installments or request a fee waiver if they meet low-income criteria. Attorney fees depend on the complexity of your case and whether you file Chapter 7 or Chapter 13. Ask potential lawyers for a written fee agreement and what services are included.

What documents do I need to prepare before consulting a bankruptcy attorney?

Helpful documents include recent pay stubs, tax returns for the past two years, bank statements, a list of assets and debts, recent bills and collection notices, mortgage and vehicle loan documents, retirement account statements, and proof of property ownership. Bringing organized records speeds up the evaluation and helps the attorney advise you accurately.

What happens to co-signers if I file bankruptcy?

Bankruptcy generally discharges your personal liability for unsecured debts, but it does not eliminate a creditor's right to pursue a co-signer. Creditors can still seek payment from co-signers unless the debt is also discharged in a separate proceeding affecting the co-signer. Discuss co-signer risks with a lawyer before filing.

Additional Resources

When seeking help with bankruptcy in Buffalo, consider these organizations and resources for information and assistance:

- U.S. Bankruptcy Court for the Western District of New York - local court information, calendars, and local rules.

- U.S. Trustee Program - oversees administration of bankruptcy cases and provides general consumer information.

- New York State Unified Court System - information about state court processes and forms that may intersect with bankruptcy matters.

- Erie County Bar Association - referral services and information about local bankruptcy attorneys.

- Legal Aid Society of Buffalo and local legal clinics - free or low-cost help for qualifying low-income residents.

- New York State Office of the Attorney General - consumer protection resources.

- National Foundation for Credit Counseling and local credit counseling agencies - for pre-filing credit counseling and post-filing debtor education courses required by federal law.

- Bankruptcy self-help materials from the U.S. Courts - plain language guides and forms for people representing themselves.

Next Steps

If you are considering bankruptcy in Buffalo, follow these practical steps:

- Take a brief assessment of your situation - list debts, monthly income, expenses, assets, and recent collection activity or foreclosure notices.

- Attend an initial consultation - contact a few local bankruptcy attorneys for consultations. Many offer free or low-cost initial meetings. Ask about experience in the Western District of New York, typical outcomes for clients with situations like yours, and fee structures.

- Complete required credit counseling - federal law requires an approved credit counseling session within 180 days before filing; keep the certificate for filing.

- Gather documents - assemble pay stubs, tax returns, bank and retirement statements, mortgage and loan paperwork, and a list of creditors and addresses.

- Decide on the best path - with an attorney, determine whether Chapter 7, Chapter 13, or an alternative is most appropriate based on the means test, exemptions, and your goals.

- Prepare for filing and proceedings - if you file, be ready to attend the 341 meeting of creditors, complete a debtor education course after filing, and respond promptly to requests from the trustee or court.

- Rebuild after discharge - follow up on secured debts, keep records of your discharge, and work on rebuilding credit through responsible financial habits and, if needed, credit counseling.

If you need immediate assistance with foreclosure or wage garnishment, prioritize contacting an attorney or a legal aid provider quickly because timing can be critical. A knowledgeable local bankruptcy lawyer can explain how the Western District of New York courts handle cases, what to expect in Buffalo, and how to protect your rights throughout the process.