BANKRUPTCY: How to File Courts Forms Means Test Exemptions Lawyers

Bankruptcy Court Information For Herkimer County, NY

Ilion, New York 13357

Residents of Herkimer County, New York file bankruptcy in New York Northern District Bankruptcy Court

3 courthouses serve the New York Northern District Bankruptcy Court.


Three Kinds of Information You Will Need from the Court

(Note: Court websites change often and links go out of date. If a link does not work, go to the home page for the court and look for the materials from there.)

Official Website of the
New York Northern District Bankruptcy Court

Official Court Website

* Home page

What you'll find there

You'll need to file your papers with one of the courthouses that serve the New York Northern District Bankruptcy Court.

Pre-COVID, you had to go to court, in person, at least once to meet with the bankruptcy trustee for your 341 hearing. During the Coronavirus pandemic, those meetings were typically done by phone or zoom. A few courts may still allow that.


Where To Start

Before you file, there are three kinds of information you'll need to get from the court's website:

1. Info on Filing Without an Attorney

Court "Pro Se" Info

Information specific to your district

You'll need information specifically about your particular court's procedures.

Fortunately, the New York Northern District Bankruptcy Court offers information specifically designed for people filing without an attorney. Virtually all courts link to the generic national information mentioned above. The New York Northern District Bankruptcy Court offers specific guidance about local procedures.

General information about how to file

If you're new to the bankruptcy process, the website of the US Courts Adminstrative Office now offers a basic orentation page for those filing bankruptcy without an attorney. The information inlcudes a Bankruptcy Basics video in English Spanish and Creole. The half hour video is split into chapters so you can go back and review parts that went by too fast the first time.

2. Local Rules

Local Rules - NYN

Each court has its own rules about filing procedure, how to list creditor's names and addresses, and they tend to be fussy about it.

You must comply with the details of the process, such as filing dates, filing procedures, fees, and a myriad of other bureaucratic wonderfulness. Depending on how poorly they're written, your court's local rules probably won't make much sense to you. Don't worry. You may not be affected by most of the rules.

However, you will need to follow the rules about filing procedure and how to format the creditors' "mailing matrix" (a list of creditor's names and addresses).

Your court publishes plain-English instructions for those filing without a lawyer in the New York Northern District Bankruptcy Court . Use that first, rather than trying to read the actual rules.

How to File for BankruptcyChapters 6 and 7 of How to File for Chapter 7 Bankruptcy offer more information on what to look for in local rules and how to ask the court clerk for the information you need as you prepare your paperwork and fill in yourforms.

3. Court Forms

Local Forms

Bankruptcy is a forms-intensive process, kind of like doing a long tax return.

The main forms you use in bankruptcy are federal forms, used nationwide in all bankruptcy courts.

Your bankruptcy court may have additional local forms for the New York Northern District Bankruptcy Court for dealing with things like the list of creditors.

Other information from the court

Most courts link to a downloadable U.S. Courts publication called "Bankruptcy Basics." This offers a decent overview of Chapter 7 and Chapter 13 bankruptcy -- but has no information about how to actually file or fill in the mountain of forms.

Now most courts also link to a helpful YouTube video created by the Federal Courts that explains the bankruptcy process.

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Courthouses of the New York Northern District Bankruptcy Court

Herkimer County is served by the Federal Courthouse at Utica, NY
10 Broad Street, Utica, NY 13502. 315-793-8101

Albany

Court Website info

Street Address: 

U.S. Bankruptcy Court
James T. Foley United States Courthouse
445 Broadway, Suite 330
Albany, NY  12207

Clerk's Office Phone: 518-257-1661

Mailing Address: 

U.S. Bankruptcy Court
James T. Foley United States Courthouse
445 Broadway, Suite 330
Albany, NY 12207

 
Serving Counties:

Albany, Clinton, Columbia, Essex, Greene, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, and Washington.

Maps: Google - Yahoo

Syracuse

Court Website info

Street Address: 

U.S. Bankruptcy Court
James M. Hanley U.S. Courthouse and Federal Building
100 South Clinton Street
Syracuse, NY  13261

Clerk's Office Phone: 315-295-1600

Mailing Address: 

U.S. Bankruptcy Court
James M. Hanley U.S. Courthouse and Federal Building
100 South Clinton Street
Syracuse, NY  13261

Serving Counties:

Cayuga, Cortland, Jefferson, Onondaga, Oswego, Tioga, and Tompkins.

Maps: Google - Yahoo

Utica

Court Website info

Street Address: 

U.S. Bankruptcy Court
Alexander Pirnie U.S. Courthouse and Federal Building
10 Broad Street
Utica, NY  13501

Clerk's Office Phone: 315-793-8101

Mailing Address: 

U.S. Bankruptcy Court
Alexander Pirnie U.S. Courthouse and Federal Building
10 Broad Street
Utica, NY  13501

Serving Counties:

Broome, Chenango, Delaware, Franklin, Fulton, Hamilton, Herkimer, Lewis, Madison, Montgomery, Oneida, Otsego, St. Lawrence.

Maps: Google - Yahoo

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New York Northern District Bankruptcy Court List of Private Trustees by Chapter

Source: The U.S Trustee Program - New York List of Private Trustees by Chapter

NEW YORK

 

Note: The individuals listed are private parties, not government employees.

 

 

TRUSTEE(S) COVERING THE EASTERN DISTRICT OF NEW YORK

 

R. Kenneth Barnard
3305 Jerusalem Avenue, Suite 215
Wantagh, NY 11793
Phone: (516) 809-9397

 

David J. Doyaga
26 Court Street, 10th Floor
Suite 1601
Brooklyn, NY 11242
Phone: (718) 488-7500

 

Lori Lapin Jones
98 Cutter Mill Road
Suite 201 North
Great Neck, NY 11021
Phone: (516) 466-4110

 

Kenneth I. Kirschenbaum
200 Garden City Plaza
Garden City, NY 11530
Phone: (516)747-6700

 

Debra Kramer
98 Cuttermill Road, Suiter 466 South
Great Neck, NY 11021
Phone: (516) 482-6300
Fax: (516) 482-6317

 

Richard J. McCord
90 Merrick Avenue
East Meadow, NY 11554
Phone: (516)794-1616

 

Allan B. Mendelsohn
38 New Street
Huntington, NY 11743
Phone: (516)921-1670

 

Gregory M. Messer
26 Court Street, Suite 2400
Brooklyn, NY 11242
Phone: (718)858-1474

 

Robert J. Musso
26 Court Street, Suite 2211
Brooklyn, NY 11242
Phone: (718)237-9059

 

Alan Nisselson
156 West 56th Street
New York, NY 10019
Phone: (212)237-1000

 

Marc A. Pergament
400 Garden City Plaza, Suite 403
Garden City, NY 11530
Phone: (516)877-2424

 

Robert L. Pryor
675 Old Country Road
Westbury, NY 11590
Phone: (516)997-0999

 

Kenneth P. Silverman
100 Jericho Quadrangle, Suite 300
Jericho, NY 11753 -3302
Phone: (516)479-6300

 

Richard L. Stern
2950 Express Drive South, Suite 109
Islandia, NY 11749
Phone: 631)549-7900

 

Andrew M. Thaler
675 Old Country Road
Westbury, NY 11590
Phone: (516) 279-6700

TRUSTEE(S) COVERING THE NORTHERN DISTRICT OF NEW YORK

 

Neil T. Bhatt
536 State Street
Ogdensburg, NY 13669
Phone: (315) 713-4837

 

Philip J. Danaher
252 Broadway
Rensselaer, NY 12141
Phone: (518)463-4383

 

Steven R. Dolson
126 North Salina Street
3rd Floor
Syracuse, NY 13202
Phone: (315) 423-3328

 

Christian H. Dribusch
1001 Glaz Street
East Greenbush, NY 12061
E-mail: cdribusch@chdlaw.net
Phone: (518) 729-4331
Fax: (518) 463-4386

 

Marc S. Ehrlich
64 Second Street
Troy, NY 12180
Phone: (518)272-2110

 

Mary Lannon Fangio
247-259 W. Fayette Street
Syracuse, NY 13202
Phone: (315)472-7832

 

William J. Leberman
1 Lincoln Center
110 W. Fayette St., Suite 1110
Syracuse, NY 13202
Phone: (315) 478-1334

 

Paul A. Levine
50 Beaver Street
Albany, NY 12207
Phone: (518)433-8800

 

Michael J. O'Connor
20 Corporate Woods Boulevard
Albany, NY 12211
Phone: (518)465-0400

 

Randy J. Schaal
312 Broad St
P.O. Box 10
Oneida, NY 13421
Phone: (315)363-6888

TRUSTEE(S) COVERING THE SOUTHERN DISTRICT OF NEW YORK

 

Yann Geron
885 Third Avenue, 20th Floor
New York, NY 10022
Phone: (212) 209-3050

 

Salvatore LaMonica
3305 Jerusalem Avenue
Wantagh, NY 11793
Phone: (516) 826-6500

 

Howard P. Magaliff
335 Madison Avenue, 9th Floor
New York, NY 10017
Phone: (646) 453-7851

 

Gregory M. Messer
26 Court Street, Suite 2400
Brooklyn, NY 11242
Phone: (718)858-1474

 

Alan Nisselson
156 West 56th Street
New York, NY 10019
Phone: (212)237-1000

 

Marianne T. O'Toole
22 Valley Road
Katonah, NY 10536
Phone: (914) 232-1511

 

Deborah J. Piazza
1350 Broadway, 11th floor
New York, NY 10018
Phone: (212) 216-1140

 

Kenneth P. Silverman
100 Jericho Quadrangle, Suite 300
Jericho, NY 11753 -3302
Phone: (516)479-6300

 

Fred Stevens
200 West 41st Street
17th Floor
New York, NY 10036 -7203
E-mail: fstevens@klestadt.com
Phone: (212) 679-5342

 

Angela G. Tese-Milner
735 Wickham Avenue
P.O. Box 35
Mattituck, NY 11952
Phone: (212) 475-3673

 

Albert Togut
One Penn Plaza, Suite 3335
New York, NY 10119
Phone: (212)594-5000

 

Mark S. Tulis
220 White Plains Road
2nd Floor
Tarrytown, NY 10591
Phone: (914) 747-4400

TRUSTEE(S) COVERING THE WESTERN DISTRICT OF NEW YORK

 

Daniel Evans Brick
P.O. Box 604
91 Tremont Street
North Tonawanda, NY 14120
Phone: (716)693-2335

 

Wendy J. Christophersen
403 Main Street, Suite 500
Buffalo, NY 14203
Phone: (716) 852-7373

 

Joseph G Frazier
280 East Avenue
Lockport, NY 14094
E-mail: joe@joefrazierlaw.com
Phone: (716) 439-8619

 

Kenneth W. Gordon
1039 Monroe Ave.
Rochester, NY 14620
Phone: (585)244-1070
Fax: (585)244-1085

 

Morris L. Horwitz
P.O. Box 716
Getzville, NY 14068
E-mail: morris.horwitz@gmail.com
Phone: (716)830-3279
Fax: (716)748-6095

 

Devin L. Palmer
145 Culver Road
Suite 100
Rochester, NY 14620
E-mail: dpalmer@boylancode.com
Phone: (585) 232-5300

 

Mark J. Schlant
404 Cathedral Place
298 Main Street
Buffalo, NY 14202
Phone: (716)855-3200

 

Regina A. Walker
300 International Dr., Suite 100
New York, NY 14221
E-mail: RAW@reginawalker.com
Phone: (716) 626-3510

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What's all this about "CM/ECF"?

If you visit any bankruptcy court website, you will see prominent notices about mandatory "CM/ECF" which stands for "Case Management/Electronic Case Files." If you are representing yourself (filing without a lawyer), don't worry about this -- it applies only to lawyers (although most sites fail to mention that important fact).

If you're a lawyer, you must file your client's bankruptcy forms electronically and receive training on how to do it. Electronic filing simply means filing your forms as PDF (Acrobat) files via the internet or CD-ROM. Creating PDF files does not require special software. Any software that can print can also produce PDF files with the proper software add-ons. There are some specialized attorneys' bankruptcy software that will produce PDFs from data you enter.

Most downloadable official forms these days are PDFs with fillable fields and most computers can "print" a filled-in form to a PDF file. (See the Free Bankruptcy Forms page for more info)

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Courts that offer "eSR" - Electronic Self Representation

See below for our list of courts that allow debtors to electroncially file.

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Dealing with "legalese"

Bankruptcy court websites have come a long way towards plain English?

Courts should serve all taxpayers, not just lawyers. Filing requirements should be clear and accessible to everyone. After all, everyone must follow the law, so why not make the rules clear and in plain English?

Unfortunately, not all courts provide clear, simple instructions for filing bankruptcy forms. It takes some effort to translate legalese into plain English, and some courts just don't bother.

However, some courts do an admirable job of providing information to help non-attorneys find relevant information. They lay out clear timelines of essential procedures and explain requirements in a clear, easy to follow manner.

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Courts That Do a Good Job Of Helping Debtors Who Don't Have An Attorney

In our first review of 90 bankruptcy court websites nationwide in 2007, LegalConsumer.com found only a handful court websites that provided clear, well-organized filing information for those who don't speak legalese.

A few courts, however, showed what could be done if all courts would bother to take the time to help the general public, and so we created a "Hall of Fame" of good government, to show what could be done by a court with taxpayer's money and a little extra effort, organizaion, and plain English. All bankruptcy courts should follow their example.

In subsequent reviews, many court websites showed significant improvement from 2007 to 2009.

However, as of August 2022, although in general court websites are much better, there is still a wide gap between the best and worst ones when it comes to serving the unrepresented debtor.

If your court's website isn't helpful, check out one of these sites....

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Bankruptcy courts that do a good job of explaining procedures to non-lawyers and / or offer eSR (electronic Self Representation)

Here are the best of the best. Court websites can and do change -- hopefully for the better, but not always.

Note: Links go directly to the court's info for non-lawyers, rather than the court home page.

Note: As you will see if you look at several of these, most of the information you find is general and applies regardless of which court you're filing in.

However, some procedures are "local" and deadlines and forms can vary from court to court.

Always confirm that you are complying with your own court's local rules and procedures.

Oklahoma Western District Bankruptcy Court

New interface is a bit too clever by half. Important info is buried in the menu called "Court" Click the "No Attorney" link. Once you get past that, it's pretty good. Pop up menus work very slowly and may not work on all browsers. On some browsers you may not even see the menus at all! Has a dedicated pro se counter. (May 2009) Update: Court should make website work with all browsers. Important information is missed if the home page menus don't work right. But downloadble PDF guides are good, but were written in 2007. March 2012.


main website     info for non-lawyers

Texas Eastern District Bankruptcy Court

Now features a special menu just for those filing without an attorney. Offers clearly organized guidance as to what to do when. (May 2009) Update. Still excellent. Could be a model for other courts. March 2012.


main website     info for non-lawyers