New York Bankruptcy Court
The information written in this Guide to Bankruptcy in New York City is not intended to be legal advice, and no attorney-client relationship exists, nor can we guarantee the accuracy of the information provided due to changes in law and procedure, as well as possible errors. Bankruptcy is a very difficult process, more so after the changes in U.S. law in the recent years. No information in this guide may be used as legal advice or acted upon in any way, shape or form. Always consult a bankruptcy lawyer in New York.
United States bankruptcy courts operate under the federal jurisdiction. Bankruptcy cases may never be filed in any New York state courts. Across the United States, there are 94 federal judicial districts, but if you live in New York City, Westchester or Long Island, you must file in either the Southern District Court of New York or the Eastern District of New York, depending on the county of your residence. Decisions of a bankruptcy court judge are subject to appeals to the United States district court.
WHAT WILL HAPPEN IN BANKRUPTCY COURT?
At your bankruptcy court hearing, the U.S. Trustee will ask you several questions. Prior to going to the hearing, your attorney should prepare you as much as reasonably possible prior to going to court.
We have gathered some sample questions that you may be asked at the hearing. You may not be asked every one of these questions and you may potentially be asked other questions that are not listed below.
The U.S. Trustee is not a judge. The Trustee does not rule or pass on your bankruptcy case.
Please note you must bring your social security card and Driver’s license [it must have the same address that is on your petition] to the hearing.
If you do not have these documents with you at the hearing your case will be postponed to another day and you will be charged a reappearance fee.
THESE QUESTIONS ARE GENERALLY ASKED OF NEARLY ALL BANKRUPTCY FILERS
1. State your name, social security number, and current address for the record.
2. Have you read the Bankruptcy Information Sheet provided by the United States Trustee?
3. Did you sign the petition, schedules, statements, and related documents you filed with the bankruptcy court?
4.Did you read the petition, schedules, statements, and related documents before you signed them?
5. Are you personally familiar with the information contained in the petition, schedules, statements and related documents?
6. To the best of your knowledge, is the information contained in the petition, schedules, statements, and related documents true and correct?
7. Are there any errors or omissions to bring to my, or the court's, attention at this time?
8. Are all of your assets identified on the schedules?
9. Have you listed all of your creditors on the schedules?
10. Have you filed bankruptcy before? (If so, the trustee must obtain the case number and the discharge information to determine the debtor(s) discharge eligibility.)
THESE QUESTIONS ARE ASKED WHEN APPROPIATE
1. Do you own or have any interest whatsoever in any real estate?
If owned: When did you purchase the property? How much did the property cost? What are the mortgages encumbering it? What do you estimate the present value of the property to be? Is that the whole value or your share? How did you arrive at that value?
If renting: Have you ever owned the property in which you live and/or is its owner in any way related to you?
2. Have you made any transfers of any property or given any property away within the last one year period (or such longer period as applicable under state law)?
If yes: What did you transfer? To whom was it transferred? What did you receive in exchange? What did you do with the funds?
3. Does anyone hold property belonging to you?
If yes: Who holds the property and what is it? What is its value?
4. Do you have a claim against anyone or any business?
If there are large medical debts, are the medical bills from injury? Are you the plaintiff in any lawsuit? What is the status of each case and who is representing you?
5. Are you entitled to life insurance proceeds or an inheritance as a result of someone's death?
If yes: Please explain the details.
If you become a beneficiary of anyone's estate within six months of the date your bankruptcy petition was filed, the trustee must be advised within ten days through your counsel of the nature and extent of the property you will receive. FRBP 1007(h)
6. Does anyone owe you money?
If yes: Is the money collectible? Why haven't you collected it? Who owes the money and where are they?
7. Have you made any large payments, over $600, to anyone in the past year?
8. Were federal income tax returns filed on a timely basis? When was the last return filed? Do you have copies of the federal income tax returns? At the time of the filing of your petition, were you entitled to a tax refund from the federal or state government?
If yes: Inquire as to amounts.
9. Do you have a bank account, either checking or savings?
If yes: In what banks and what were the balances as of the date you filed your petition?
10. When you filed your petition, did you have:
a. any cash on hand?
b. any U.S. Savings Bonds?
c. any other stocks or bonds?
d. any Certificates of Deposit?
e. a safe deposit box in your name or in anyone else's name?
11. Do you own an automobile?
If yes: What is the year, make, and value? Do you owe any money on it? Is it insured?
12. Are you the owner of any cash value life insurance policies?
If yes: State the name of the company, face amount of the policy, cash surrender value, if any, and the beneficiaries.
13. Do you have any winning lottery tickets?
14. Do you anticipate that you might realize any property, cash or otherwise, as a result of a divorce or separation proceeding?
15. Regarding any consumer debts secured by your property, have you filed the required Statement of Intention with respect to the exemption, retention, or surrender of that secured property? Please provide a copy of the statement to the trustee. Have you performed that intention?
16. Have you been engaged in any business during the last six years?
If yes: Where and when? What happened to the assets of the business?
Southern District of New York Bankruptcy Court
Court Locations: New York County (Manhattan), Poughkeepsie, White Plains
Counties of Jurisdiction: New York County (Manhattan), Bronx, Dutchess, Orange, Putnam, Rockland, Sullivan, Westchester, Waters within the counties of Kings, Nassau, Queens, Richmond and Suffolk
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Judges:
Hon. Prudence C. Beatty
U.S. Bankruptcy Court
One Bowling Green, 6th Fl.
New York, NY 10004-1408
(212) 668-5637
Hon. Jeremiah H. Berk
U.S. Bankruptcy Court
176 Church St.
Poughkeepsie, NY 12601
(914) 452-4200
Hon. Cornelius Blackshear
U.S. Bankruptcy Court
One Bowling Green, 6th Fl.
New York, NY 10004-1408
(212) 668-5632
Hon. Tina L. Brozman
Chief Judge
U.S. Bankruptcy Court
One Bowling Green, 6th Fl.
New York, NY 10004-1408
(212) 668-5660
Hon. Jeffry H. Gallet
U.S. Bankruptcy Court
One Bowling Green, 6th Fl.
New York, NY 10004-1408
(212) 668-2310
Hon. Stuart M. Bernstein
U.S. Bankruptcy Court
One Bowling Green, 6th Fl.
New York, NY 10004-1408
(212) 668-2304
Hon. Adlai S. Hardin
U.S. Bankruptcy Court
300 Quarropas St.
White Plains, NY 10601
(914) 390-4160
Hon. Arthur J. Gonzales
U.S. Bankruptcy Court
One Bowling Green, 6th Fl.
New York, NY 10004-1408
(212) 668-2894
Hon. James L. Garrity, Jr.
U.S. Bankruptcy Court
One Bowling Green, 6th Fl.
New York, NY 10004-1408
(212) 668-5629
Hon. John J. Connelly
U.S. Bankruptcy Court
300 Quarropas St.
White Plains, NY 10601
(914) 390-4060
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Clerks:
Kathleen Farrell
Acting Bankruptcy Clerk.
U.S. Bankruptcy Court
One Bowling Green, 6th Fl.
New York, NY 10004-11408
(212) 668-2870
Mary Leary
Deputy In Charge
U.S Bankruptcy Court
176 Church St.
Poughkeepsie, NY 12601
(914) 452-4200
Marlene Guercy
Deputy In Charge.
U.S. Bankruptcy Court
300 Quarropas, St.
White Plains, NY
(914) 390-4060
Eastern District of New York Bankruptcy Court
Court Locations: Brooklyn, Hauppauge, Westbury
Counties of Jurisdiction: Kings, Nassau, Queens, Richmond, Suffolk
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Judges:
Hon. Melanie Cyganowski
U.S. Bankruptcy Court
Long Island Federal Courthouse
290 Federal Plaza
Central Islip, NY
Hon. Conrad B. Duberstein
Chief Judge
U.S. Bankruptcy Court
75 Clinton St.
Brooklyn, NY 11201
(718) 330-2188
Hon. Dorothy T. Eisenberg
U.S. Bankruptcy Court
Long Island Federal Courthouse
290 Federal Plaza
Central Islip, NY
Hon. Jerome Feller
U.S. Bankruptcy Court
75 Clinton St.
Brooklyn, NY 11201
(718) 330-2188
Hon. Stan Bernstein
U.S. Bankruptcy Court
Long Island Federal Courthouse
290 Federal Plaza
Central Islip, NY
Hon. Laura T. Swain
U.S. Bankruptcy Court
75 Clinton St.
Brooklyn, NY 11201
(718) 330-2188
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Clerks:
Joseph P. Hurley
Bankruptcy Clerk
U.S. Bankruptcy Court
75 Clinton St.
Brooklyn, NY 11201
(718) 330-2188
Jennifer Jolly
U.S. Bankruptcy Court
Long Island Federal Courthouse
290 Federal Plaza
Central Islip, NY
What documents should I bring to my bankruptcy attorney;
Glossary of bankruptcy and legal terms.
To consult a New York bankruptcy attorney, call (212) 748-9243.
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Storobin & Spodek LLP
14 Wall Street, 20 Floor
New York, N.Y. 10005
Phone: (212) 748-9243
Fax: (212) 748-9382
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Storobin & Spodek LLP
26 Court Street, Suite 913
Brooklyn, N.Y. 11201
Phone: (718) 596-3700
Fax: (800) 391-7207
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Storobin & Spodek LLP
104-70 Queens Blvd., Suite 300
Forest Hills, N.Y. 11375
Phone: (800) 391-8392
Fax: (800) 391-7207
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