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New Amendments Following Reform of New Bankruptcy Laws

Filing Fees in New York State Bankruptcy Cases

All official fees are payable to the Clerk of the Court. Costs and expenses associated with filing are payable to attorneys, as well as reimbursement of official fees paid on behalf of clients. Debtors are not permitted to pay filing fees by credit card because of the potential to later discharge credit card debts. Amounts billed to credit cards are regulated by special restrictions during the 30 days immediately before filing. Nevertheless, New York State bankruptcy attorneys routinely pay fees by credit card online through the CM/ECF system.

Typical filing fees:
Chapter 7 $209
Chapter 11 $800
Chapter 12 $239
Chapter 13 $194

Fees may be payable in an installment plan. contact the clerk of the court for details. According to Rule 1006 of the Bk. Rules of Procedure, "A voluntary petition by an individual shall be accepted for filing if accompanied by the debtor's signed application stating that the debtor is unable to pay the filing fee except in installments. The application shall state the proposed terms of the installment payments and that the applicant has neither paid any money nor transferred any property to an attorney for services in connection with the case." The number of installments shall not exceed four, and the final installment shall be payable not later than 120 days after filing. For cause shown, the court may extend the time of any installment, provided the last installment is paid not later than 180 days after filing.

New York Bankruptcy

After filing New York bankruptcy, cases are automatically placed on the court docket and deadlines begin to run. Any missed deadline subjects a case to dismissal, including failure to pay fees, file schedules and related documents, and written notice to creditors.

Qualification for New York bankruptcy relief is not based on US citizenship. Residency within the state, or property ownership within the state may satisfy jurisdictional requirements for consumers seeking relief under Chapter 7 or Chapter 13 of the US Code.

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Should you need answers to legal questions, contact a local attorney. All information herein is general, and must not be considered as legal advice. The included directory of New York bankruptcy lawyers is intended to assist debtors finding lawyers, local contact information, and help answering attorney fee questions. To find a lawyer, search law firms, and qualify attorneys, the New York State Bar and City Bar Associations and County Bar Associations provide general public assistance. These associations include: Albany, Poughkeepsie, Buffalo, Manhattan, Mount Vernon, Queens, New Rochelle, New York City, Brooklyn, Islip, Rochester, Syracuse, Utica, White Plains, Schenectady, and Yonkers. All content copyright protected - New York Bankruptcy Law Summaries 123, Inc. - ©Copyright 1998 through 2005, all rights reserved.

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