Bankruptcy Lawyer in Malba, NY

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Chapter 7 Bankruptcy Attorney

Your Fresh Start Begins Here

You’re drowning in debt that keeps growing no matter how much you pay. The calls won’t stop. The letters keep coming. Sleep doesn’t come easy when you’re wondering if you’ll lose your home.

Bankruptcy isn’t failure—it’s a legal tool designed to give people exactly like you a second chance. When you file, the automatic stay kicks in immediately. Creditors must stop calling. Foreclosure proceedings halt. Wage garnishments end.

Within months, you can eliminate credit card debt, medical bills, and other unsecured obligations completely. You keep your home, your car, your retirement accounts, and your dignity. The stress lifts. You can breathe again.

Malba Bankruptcy Law Firm

We Know New York Bankruptcy Law

The Frank Law Firm P.C. has guided hundreds of Malba and Queens families through successful bankruptcy cases. We understand the local court system, the trustees, and exactly how to protect your assets under New York’s bankruptcy exemptions.

You’re not just another case number here. We take time to understand your specific situation and explain your options clearly. No legal jargon. No judgment. Just honest guidance from attorneys who’ve seen it all.

We’ve been serving the Malba community for years, helping neighbors just like you get back on their feet financially.

File for Bankruptcy Process

Here's What Actually Happens

First, we sit down for a free consultation to review your debts, income, and assets. We’ll determine if Chapter 7 or Chapter 13 bankruptcy makes more sense for your situation. Chapter 7 eliminates most debts in 3-4 months. Chapter 13 restructures payments over 3-5 years while you keep all your property.

Once we file your petition, the automatic stay goes into effect immediately. Creditors must stop all collection activity. We handle all communication with the court and trustees. You’ll attend one brief meeting of creditors where you answer basic questions about your finances under oath.

After that, you wait for your discharge. In Chapter 7, this typically happens within 90-120 days. Your qualifying debts are wiped out completely, and you’re free to rebuild your financial life.

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Debt Relief Lawyer Services

Complete Bankruptcy Representation Included

When you work with us, you get full-service bankruptcy representation. We prepare and file all court documents, represent you at the meeting of creditors, and handle any issues that arise during your case. We also provide foreclosure defense if you’re behind on mortgage payments.

Many Malba clients worry about losing their homes in bankruptcy. The truth is, if you’re current on payments, you can usually keep your house. If you’re behind, Chapter 13 lets you catch up on missed payments over time while stopping foreclosure.

We also help with asset protection planning, ensuring you keep everything the law allows. New York’s exemptions protect your homestead up to certain limits, personal property, retirement accounts, and tools of your trade.

How much does it cost to file bankruptcy in Malba, NY?

Attorney fees for Chapter 7 bankruptcy typically range from $1,500 to $3,000, plus a $338 court filing fee. Chapter 13 cases cost more due to the longer timeframe and payment plan administration, usually $3,000 to $5,000 plus a $313 filing fee. We offer payment plans and will work with you to make representation affordable. The cost of bankruptcy is almost always less than continuing to struggle with debt payments, late fees, and interest charges that never seem to reduce your balances.

Will I lose my house if I file bankruptcy in New York?

Most people keep their homes in bankruptcy. New York’s homestead exemption protects up to $170,825 in home equity (more in some counties). If you’re current on mortgage payments and your equity falls within exemption limits, you can keep your house in Chapter 7. Chapter 13 is even better for homeowners—you can catch up on missed mortgage payments over 3-5 years while stopping foreclosure. The key is acting before it’s too late. Once foreclosure proceedings advance too far, your options become limited.

What's the difference between Chapter 7 and Chapter 13 bankruptcy?

Chapter 7 eliminates most unsecured debts like credit cards and medical bills in about 4 months. You must pass a means test based on income, and you may have to surrender non-exempt assets. Chapter 13 is a 3-5 year repayment plan that lets you keep all property while paying a portion of debts based on your income. Chapter 13 works well if you make too much for Chapter 7, are behind on mortgage payments, or have assets you want to protect. Both stop creditor harassment immediately through the automatic stay.

How long does the bankruptcy process take in New York?

Chapter 7 bankruptcy typically takes 3-4 months from filing to discharge in New York’s Eastern District court. You’ll attend one meeting of creditors about 30 days after filing, then wait for the discharge. Chapter 13 takes 3-5 years since you’re making payments under a court-approved plan. However, you get immediate relief from creditor harassment and collection actions as soon as we file your case. The automatic stay protects you throughout the entire process, giving you breathing room to get back on your feet.

Can bankruptcy stop foreclosure on my Malba home?

Yes, filing bankruptcy immediately stops foreclosure through the automatic stay. Chapter 13 is particularly effective for homeowners because it allows you to catch up on missed mortgage payments over 3-5 years while keeping your home. Even in Chapter 7, foreclosure stops temporarily, giving you time to negotiate with your lender or explore other options. The key is timing—the earlier you act, the more options you have. Once a foreclosure sale is scheduled, you need to move quickly to protect your home and family.

Will bankruptcy ruin my credit score permanently?

Bankruptcy does impact your credit initially, but it’s not permanent damage. Chapter 7 stays on your credit report for 10 years, Chapter 13 for 7 years. However, many clients see their credit scores improve within 1-2 years after discharge because their debt-to-income ratio improves dramatically. You can start rebuilding credit immediately after filing by getting a secured credit card and making timely payments. Many clients qualify for car loans within a year and mortgages within 2-3 years. The alternative—continuing to miss payments and accumulate debt—actually damages credit more long-term.

Local Resources

Malba, NY is located in Queens County in New York State