Local Bankruptcy Rules in the Southern District of New York

Some bankruptcy rules depend on where you file in New York.

All bankruptcy cases are processed under federal law. However, each state has at least one federal bankruptcy district, and each district has its own set of local rules governing fees, how and where to file, and other matters. The state of New York has four districts: Southern, Northern, Eastern, and Western. Although some rules are statewide, the Southern District has its own set of local rules for bankruptcy cases.

Filing and Fees

In the Southern District of New York, a petition for bankruptcy may be filed at the office of the clerk or by electronic means that have been established by the court, per local Rule 1002-1. There are three offices in this district, located in New York City, White Plains, and Poughkeepsie. Filing fees vary, depending on what relief is being sought. For example, as of 2010, the fee is $299 to file a new Chapter 7 petition and $274 to file a new Chapter 13. There are additional filing fees for filing motions and other related documents.

Requirements

There are local rules that specifically relate to what type of bankruptcy is being filed. For Chapter 11, generally filed by businesses to reorganize and remain open, Rule 1007-2 requires that a debtor's affidavit, which lists information about the business and its financial state at the time of the petition, be submitted. A case conference at the appropriate clerk's office must also be scheduled within 30 days of the filing.

Assignment of Cases

The debtor's street address determines what judge is assigned. For New York County and Bronx Counties, the clerk must assign the case to a judge sitting in New York County. For Rockland or Weschester Counties, the case will go to a judge in Westchester County. The remaining counties are assigned to a judge in Dutchess County. There are some exceptions, such as if more than one judge is sitting in the assigned county. In this case, random selection is used, so the cases are split equally among the judges. No case is ever assigned based on a P.O. box. If the assigned judge is absent for any reason, another judge who is available can temporarily act in the case.

Reopening a Bankruptcy Case

If a bankruptcy case has to be reopened after the debtor has been discharged to file additional papers, a motion to reopen will be needed. This must specify the judge who had the case when it closed and be filed with the appropriate clerk's office, per Rule 5010-1. The fee in this district varies, depending on what chapter was filed originally. As of 2010, the fee to reopen a Chapter 7 is $260, and the fee to reopen a Chapter 13 is $235. Additional fees will be charged according to what is being filed after the case is reopened.

References

• United States Bankrupcty Court: Southern District of New York: Rules of Court
• United States Bankruptcy Court: Southern District of New York: Fees and Rates