Bankruptcy
Santoro, Carr PLLC helps individuals and families in Western New York with personal bankruptcy under the federal Bankruptcy Code. We do not handle business bankruptcy. Personal bankruptcy cases here are filed in the U.S. Bankruptcy Court for the Western District of New York, which has offices in Buffalo and Rochester.
Geography matters: We focus bankruptcy work on Western New York. Our statewide service in every county in New York applies to uncontested no-fault divorce — it is not a statewide bankruptcy claim.
We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.
Contact Us About Bankruptcy Call (716) 646-8570
Often called a “fresh start” bankruptcy. A court-appointed trustee reviews your finances, and property that is not protected by an exemption can be sold to pay creditors. Many eligible debts can be discharged, often within a few months of filing. Whether you qualify depends in part on the means test.
A court-supervised repayment plan, generally lasting three to five years, based on your income and expenses. People often use Chapter 13 to keep a home or car and catch up on missed payments over time. Debt limits and other eligibility rules apply. Remaining eligible debts can be discharged after the plan is completed.
We handle consumer cases for individuals and families only, not business bankruptcy such as Chapter 11. If your debts come mainly from a business, tell us and we will tell you candidly whether we can help or should refer you elsewhere.
When a bankruptcy case is filed, an automatic stay generally takes effect. It requires most creditors to stop collection — calls, letters, lawsuits, wage garnishments, and many foreclosures and repossessions — while the case is open. The stay has exceptions and limits, and a creditor can ask the court for permission to proceed.
For Chapter 7, the means test starts by comparing your household income with the median income for a household of your size in New York. If your income is below the median, you generally pass. If it is above, a further calculation of allowed expenses decides whether Chapter 7 is available or Chapter 13 may be the path. The median figures are updated periodically.
A discharge generally ends your personal liability for many debts, such as credit cards, medical bills, and many personal loans. Some debts are generally not discharged, including child support and spousal maintenance, most student loans, and certain taxes and fines. Liens on a home or car may remain.
Individuals generally must complete credit counseling with an approved agency within 180 days before filing, and a financial management course before receiving a discharge.
Debt problems and divorce often arrive together. The timing and order of a bankruptcy case and a divorce can affect both, so if you are dealing with both, tell us about each when you contact us.
Not necessarily. Whether you can keep a home or car depends on things like how much equity you have, which exemptions apply, whether your payments are current, and whether you file under Chapter 7 or Chapter 13. Chapter 13 is often used by people who want to keep a home or car and catch up on missed payments over time. A lien on the property generally stays in place, so you still need to pay the loan to keep it. General information only.
Filing a bankruptcy case generally puts an automatic stay in place, which requires most creditors to stop collection activity, including most wage garnishments, collection lawsuits, and many foreclosure and repossession actions. The stay has exceptions and limits, especially for people who have had a recent bankruptcy case dismissed, and a creditor can ask the court for permission to proceed. General information only.
Generally, no. Domestic support obligations such as child support and spousal maintenance are not discharged in bankruptcy. Most student loans are not discharged unless the court finds undue hardship in a separate proceeding, which is a difficult standard. Certain taxes and court-ordered fines are also generally not discharged. General information only.
We help individuals and families in Western New York understand whether personal bankruptcy fits their situation, which chapter may apply, what property may be protected, and what the process involves. If you decide to file, we can represent you through the case. We do not promise outcomes — we give you a clear assessment and a plan.
Call (716) 646-8570, or contact us online to talk about your options.
Mailing address: 5651 Main Street, Unit 324, Williamsville, NY 14221. We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. This page is general information only and is not legal advice. Viewing it or contacting the firm does not create an attorney-client relationship. Do not send confidential information until an engagement is confirmed in writing.