Bankruptcy Lawyer in Smithtown, NY

Stop Creditors and Eliminate Debt

Get immediate relief from overwhelming debt and creditor harassment with experienced bankruptcy representation.

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Chapter 7 Bankruptcy Attorney

Your Fresh Financial Start Begins Here

When debt becomes unmanageable, bankruptcy isn’t failure—it’s a legal tool designed to give you breathing room. You’ll wake up without the weight of collection calls disrupting your morning coffee. Your paycheck stays in your pocket instead of going to wage garnishments.

The automatic stay kicks in the moment we file your case. Creditor harassment stops immediately. Foreclosure proceedings halt. You get space to think clearly for the first time in months.

Whether Chapter 7 eliminates your unsecured debt entirely or Chapter 13 gives you a manageable payment plan, you’re looking at a realistic path forward. Your essential assets stay protected under New York exemption laws, and you keep what matters most while shedding what’s dragging you down.

Smithtown Bankruptcy Law Firm

Local Experience, Real Results

We have spent over a decade helping Long Island families navigate financial crises. We understand the unique pressures facing Smithtown residents—high property taxes, costly living expenses, and the reality that even good people sometimes need a fresh start.

Our practice focuses exclusively on bankruptcy and debt relief, which means we know the Eastern District of New York bankruptcy courts inside and out. We’ve guided hundreds of families through both Chapter 7 and Chapter 13 proceedings, protecting homes, cars, and retirement accounts while eliminating overwhelming debt.

You’re not just another case number here. We take time to understand your specific situation and explain your options in plain English, not legal jargon.

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Filing for Bankruptcy Process

Clear Steps, No Surprises

Your process starts with a free consultation where we review your debts, income, and assets to determine if Chapter 7 or Chapter 13 makes more sense for your situation. We’ll run the means test and explain exactly what you can expect.

Once you decide to move forward, we handle all the paperwork and filing requirements. The automatic stay goes into effect immediately, stopping collection calls, wage garnishments, and foreclosure proceedings. You’ll need to complete a credit counseling course, which we’ll help you arrange.

We represent you at the Meeting of Creditors, which is typically a brief, straightforward proceeding. For Chapter 7 cases, most clients receive their discharge within 3-4 months. Chapter 13 involves a 3-5 year payment plan, but you get immediate protection while making manageable payments. Throughout the entire process, we handle communications with creditors and the court so you can focus on rebuilding.

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Debt Relief Lawyer Services

Complete Bankruptcy Protection and Guidance

Our bankruptcy representation covers everything from initial consultation through final discharge. We analyze your complete financial picture, including all debts, assets, and income sources to recommend the best path forward. You’ll get detailed explanations of how New York exemption laws protect your home equity, vehicle, retirement accounts, and personal property.

We handle all court filings, creditor communications, and required documentation. This includes preparing and filing your petition, schedules, and statements with the Eastern District of New York bankruptcy court. We represent you at all hearings and meetings, including the Meeting of Creditors.

For Smithtown residents facing foreclosure, we provide foreclosure defense services alongside bankruptcy protection. Sometimes Chapter 13 allows you to catch up on mortgage payments while eliminating other debts. Other times, Chapter 7 eliminates unsecured debt so you can focus resources on saving your home. We also assist with vehicle repossession issues, wage garnishment stops, and creditor harassment violations.

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The automatic stay goes into effect immediately when we file your bankruptcy petition with the court. This means creditor calls, wage garnishments, and collection activities must stop that same day. We typically notify your employer and major creditors right away to ensure compliance. If any creditor continues collection efforts after filing, they’re violating federal law and can face penalties. The automatic stay is one of the most powerful protections in bankruptcy law, giving you immediate breathing room while your case proceeds through the court system.
Most of our Smithtown clients keep their homes when filing bankruptcy. New York’s homestead exemption protects significant home equity, and if you’re current on mortgage payments, Chapter 7 typically won’t affect your home ownership. If you’re behind on mortgage payments, Chapter 13 can actually help you catch up through a payment plan while eliminating other debts. We analyze your specific situation during consultation, including your mortgage balance, home value, and equity position to determine the best strategy for protecting your property.
Chapter 7 eliminates most unsecured debts like credit cards and medical bills within 3-4 months, but you must pass the means test showing limited disposable income. Chapter 13 involves a 3-5 year payment plan based on your income, allowing you to catch up on mortgage or car payments while paying a portion of unsecured debts. Chapter 7 works well if you have limited income and want quick debt elimination. Chapter 13 is better if you have regular income and need time to catch up on secured debt payments or have too much income for Chapter 7.
Our Chapter 7 fees are transparent and competitive for Long Island bankruptcy attorneys. We offer payment plans because we understand you’re filing bankruptcy due to financial difficulties. The total cost includes our attorney fees plus court filing fees. We provide a detailed fee agreement during consultation so there are no surprises. Many clients find that stopping just one month of credit card payments covers a significant portion of our fees, and the long-term savings from debt elimination far outweighs the upfront investment in proper legal representation.
Chapter 7 bankruptcy appears on your credit report for 10 years, while Chapter 13 shows for 7 years. However, the impact on your credit score decreases significantly over time, especially as you rebuild with secured credit cards and responsible financial management. Many clients see their credit scores improve within 1-2 years after discharge because they no longer carry high debt balances. The key is starting the rebuilding process immediately after discharge rather than waiting. We provide guidance on credit rebuilding strategies as part of our service.
Bankruptcy can eliminate some tax debts, but the rules are complex and depend on the type of tax, when it was assessed, and when returns were filed. Generally, income tax debts over three years old may be dischargeable in Chapter 7 if other conditions are met. Student loans are typically not dischargeable unless you can prove “undue hardship,” which requires meeting strict legal standards. However, bankruptcy can eliminate other debts, freeing up income to address tax obligations and student loans through payment plans or settlement negotiations with those creditors.

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