When you need a Buffalo bankruptcy lawyer
People put off the bankruptcy phone call for an average of two years. They try debt consolidation, they pull from retirement accounts, they take a second job, they negotiate with collectors one at a time, and then something tips — a wage garnishment, a foreclosure notice, a repossession notice on the truck they need to get to work. That is the moment most Buffalo bankruptcy lawyers see in the first consultation.
Call a Buffalo bankruptcy lawyer if any of the following describes where you are.
- You are being sued by a creditor, a collector, or a credit card company in Erie County or Buffalo City Court, and a default judgment is about to issue against you.
- Your wages are about to be garnished, or already are.
- You have received a notice of foreclosure on your home and the auction date is approaching.
- A vehicle you need for work is at risk of repossession, or has just been repossessed.
- You owe back taxes to the IRS or NYS Department of Taxation and Finance and the bills will not stop growing.
- Medical bills from ECMC, Buffalo General, Catholic Health, or Kaleida Health have pushed your unsecured debt past what your income can cover.
- A small business has closed and you are personally liable on a commercial lease, an SBA loan, or supplier credit lines.
- You owe more than 50 percent of your annual income in unsecured debt and you cannot see a path to paying it off in five years.
- You went through a divorce and the marital debt landed on the wrong side of the decree.
Chapter 7 vs. Chapter 13 in Buffalo — the short version
Chapter 7 is the wipe. About four months from filing to discharge. You hand over assets above your exemptions (most filers have nothing above exemption), the trustee sells anything non-exempt, and the rest of your unsecured debt is gone. You qualify if your household income is under the NY median for your family size, or you pass the means test. As of mid-2026 the NY median for a household of one is roughly $66,700; for a family of four, about $124,500. Most Buffalo filers qualify.
Chapter 13 is the catch-up plan. A 3-to-5-year repayment plan to the WDNY standing trustee. You keep the house and car while paying off mortgage arrears, car arrears, and a portion of unsecured debt. Anything unsecured left at the end of the plan is discharged. Use Chapter 13 when you are behind on a mortgage you want to save, owe priority tax debt, or have non-exempt assets a Chapter 7 trustee would liquidate.
What this typically costs in Buffalo
$1,200–$2,200
Ch. 7 attorney fee (typical)
$4,500–$5,500
Ch. 13 no-look fee
Buffalo bankruptcy attorney fees are mostly flat. The "no-look" fee in Chapter 13 is a presumptively reasonable amount the court approves without itemized review — currently about $4,500 to $5,500 in WDNY for a standard consumer case. Chapter 7 retainers are paid before filing because attorney fees owed pre-filing get discharged with the rest of the debt. Some Buffalo firms run a payment plan that gets you to the full retainer in 60 to 90 days while protecting you with cease-contact letters in the meantime. Chapter 13 attorney fees are usually paid through the plan, meaning you can file with little or nothing up front.
How long a Buffalo bankruptcy takes
- Chapter 7, simple no-asset case: 4 to 5 months from filing to discharge.
- Chapter 7 with non-exempt assets: 6 to 12 months while the trustee administers the assets.
- Chapter 13 confirmation: initial plan confirmation hearing 45 to 75 days after filing.
- Chapter 13 plan duration: 36 months if you are under the median, 60 months if over.
- Section 341 meeting of creditors: 30 to 45 days after filing, 5 to 15 minutes long, usually by Zoom in WDNY.
- Pre-filing prep (gathering pay stubs, tax returns, bank statements, debt list): 2 to 6 weeks.