Best Bankruptcy Lawyers in Flushing

About Bankruptcy Law in Flushing, United States

Bankruptcy is a federal legal process that lets individuals and businesses reorganize or eliminate certain debts under the United States Bankruptcy Code. Residents and businesses located in Flushing, Queens, file bankruptcy cases in the United States Bankruptcy Court for the Eastern District of New York. Bankruptcy can stop creditor actions like wage garnishments, foreclosures, and collection lawsuits through the automatic stay and can lead to a discharge of qualifying debts or a court-approved repayment plan.

Why You May Need a Lawyer

Bankruptcy involves complex federal rules and local court procedures. A lawyer can help you evaluate options, prepare accurate paperwork, and protect your rights. Common situations where people need a bankruptcy attorney include:

- Facing imminent foreclosure, eviction, wage garnishment, bank levy, or repossession.

- Having a high balance of unsecured debts like credit cards, medical bills, or personal loans.

- Being behind on taxes or facing serious tax liens and unsure whether those taxes are dischargeable.

- Owning a home or business and wanting to know whether you can keep assets under state exemptions.

- Being self-employed or running a small business and needing to reorganize under Chapter 11 or Chapter 13.

- Needing help with the means test, exemption elections, or addressing creditor objections and reaffirmation agreements.

- Facing collection litigation, judgments, or creditor harassment and wanting to stop or respond correctly.

Local Laws Overview

Key local and practical points for bankruptcy filers in Flushing:

- Federal Bankruptcy Law Applies: Bankruptcy cases are governed by the federal Bankruptcy Code. The United States Bankruptcy Court for the Eastern District of New York handles filings for Queens County, including Flushing.

- Local Court Procedures: The Eastern District of New York has local bankruptcy rules and procedures. Filings are electronic through the court system. The court schedules the Meeting of Creditors, commonly called the 341 meeting, which is typically held about 20 to 40 days after filing.

- New York Exemptions: New York State does not generally allow a choice of federal bankruptcy exemptions for long-term residents. If you have lived in New York for the required period before filing, you will normally use New York bankruptcy exemptions. These exemptions determine what property you may keep.

- Credit Counseling and Debtor Education: Before filing, you must complete a court-approved credit counseling session. After filing and before receiving a discharge, you must complete a debtor education course. Both must be done through approved providers and certificates must be filed with the court.

- Means Test for Chapter 7: Individuals must pass the federal means test to qualify for Chapter 7 liquidation. The test compares your income to the applicable median income for your household size and then analyzes allowable expenses.

- Impact on State Actions: Bankruptcy automatic stay temporarily halts many state court collection actions, including foreclosure and eviction in many circumstances. However, creditors can seek relief from the stay from the bankruptcy court.

- Local Legal Aid and Court Resources: Flushing residents may access local legal services, bar association referral programs, and the court clerk for procedural questions. Many hearings and meetings may be conducted by telephone or video in recent practice, but local rules update periodically.

Frequently Asked Questions

What types of bankruptcy are available to individuals and small businesses?

The most common types are Chapter 7 and Chapter 13 for individuals. Chapter 7 is a liquidation process that can discharge many unsecured debts if you qualify under the means test. Chapter 13 is a repayment plan over three to five years that can protect your property and allow you to catch up on secured debt payments. Businesses may use Chapter 11 for reorganization; small debtors may use Chapter 11 or Chapter 13 depending on structure.

How do I file for bankruptcy if I live in Flushing?

Bankruptcy cases for Flushing residents are filed in the United States Bankruptcy Court for the Eastern District of New York. Filing begins with completing a credit counseling course, gathering financial documents, preparing the bankruptcy petition with schedules listing assets, liabilities, income, expenses, and filing the petition and fee or fee waiver application with the court. Most filers in Flushing work with an attorney to prepare and submit filings electronically through the court system.

Can I keep my house or car if I file bankruptcy?

It depends on the type of bankruptcy, the equity in the asset, and available exemptions. In Chapter 13, you typically keep property while repaying arrears through your plan. In Chapter 7, you may keep property protected by exemptions. New York exemptions cover certain home equity, vehicle value, tools of trade, retirement accounts, and public benefits. A lawyer can help evaluate whether your house or car is at risk.

What debts are not dischargeable in bankruptcy?

Certain debts are generally nondischargeable, including most student loans except in rare undue hardship cases, recent tax obligations and certain tax penalties, child support and alimony, debts arising from fraud or intentional wrongdoing, and certain government fines. Some creditor claims may also survive bankruptcy through reaffirmation agreements or adversary proceedings.

How long does a bankruptcy stay on my credit report?

A Chapter 7 bankruptcy can remain on your credit report for up to 10 years from the filing date. A Chapter 13 bankruptcy typically stays on your credit report for up to 7 years from filing. While bankruptcy affects credit, many people rebuild credit within a few years by establishing positive payment habits.

How much does filing bankruptcy cost in Flushing?

Costs vary based on attorney fees, case complexity, and filing fees. There is a federal filing fee for consumer bankruptcy petitions. Attorney fees depend on whether you file Chapter 7 or Chapter 13 and the complexity of the case. Low-income residents may qualify for legal aid or fee payment plans; some courts allow fee waivers for filing fees under strict conditions.

Will filing bankruptcy stop creditor calls and harassment?

Yes. The automatic stay takes effect immediately upon filing the bankruptcy petition and generally halts most creditor collection calls, lawsuits, wage garnishments, and repossession efforts. If a creditor continues prohibited collection, you can report the violation to your attorney and the court, and you may be entitled to remedies.

Do I need to attend court in person in Flushing?

You must attend the 341 meeting of creditors, but the meeting is usually held at the bankruptcy court location for the Eastern District of New York. In many cases the meeting can be held by phone or video depending on court procedures. If there is litigation or confirmation hearings, you or your attorney may need to appear in court. Your attorney can advise which appearances are required.

How does bankruptcy affect my spouse or co-signer?

Filing bankruptcy affects only the filer unless a spouse files with you or jointly-held debts exist. A bankruptcy discharge in your case will not discharge a non-filing spouse's liability on jointly held debts in some circumstances, so co-signers may remain liable. Chapter 13 plans can sometimes address joint debts through a repayment structure. Consult an attorney to understand the impact on joint obligations.

What should I do if foreclosure or eviction is imminent?

If foreclosure or eviction is imminent, consider filing bankruptcy quickly because the automatic stay starts immediately on filing. A Chapter 13 filing can halt a foreclosure and let you catch up on missed mortgage payments through a repayment plan. If timing is tight, contact a bankruptcy attorney or legal aid provider immediately for guidance on emergency filings and local court requirements.

Additional Resources

Helpful organizations and resources for people in Flushing seeking bankruptcy assistance include:

- United States Bankruptcy Court for the Eastern District of New York - court clerks and local rules provide procedural guidance.

- United States Trustee Program - oversees bankruptcy administration and maintains lists of approved credit counseling and debtor education providers.

- New York State Unified Court System - information on state court procedures that may intersect with bankruptcy matters, such as foreclosure and eviction.

- Consumer Financial Protection Bureau - general consumer information about bankruptcy and debt relief options.

- Legal Aid and Pro Bono Services - local providers such as Queens Legal Services, Legal Aid Society of New York, and neighborhood legal clinics may offer low-cost or free bankruptcy help for eligible residents.

- Bar Association Referral Programs - Queens County Bar Association and New York State Bar Association can help you find licensed bankruptcy attorneys for consultations.

Next Steps

If you think bankruptcy might help you, take these practical steps:

- Step 1 - Gather documents: recent pay stubs, last two years of tax returns, recent bank statements, a list of creditors and balances, mortgage and vehicle documents, titles, recent bills, and any lawsuit or judgment paperwork.

- Step 2 - Complete credit counseling: Enroll in a court-approved credit counseling session within the 180 days before filing.

- Step 3 - Consult a bankruptcy attorney: Schedule a consultation to review your situation, discuss Chapter 7 vs Chapter 13 or other options, evaluate exemptions, and estimate fees. Ask about local experience with the Eastern District of New York.

- Step 4 - Decide on filing: If you proceed, your attorney will prepare the petition and schedules, advise on fee payment or waivers, and file your case electronically with the court.

- Step 5 - Attend required sessions: Appear at the 341 meeting of creditors and complete the required debtor education course to qualify for discharge.

- Step 6 - Follow the plan and court orders: Comply with plan payments, reaffirmation considerations, or court directives until your case is closed and debts eligible for discharge are resolved.

If you are facing immediate collection actions, foreclosure, eviction, or wage garnishment, act quickly - contact an attorney or local legal aid provider to discuss emergency options. A timely consultation can preserve options and protect your rights under federal bankruptcy law.