Restructuring, Chapter 11, Creditor Rights & Bankruptcy Counsel in New York
A practice of NYBusiness.Law

Strategic Bankruptcy & Restructuring Counsel

RESET.LAW advises creditors, businesses, and individuals on Chapter 11 matters, claims strategy, filings, workouts, and practical restructuring guidance across New York.

Financial distress does not present the same way in every case. Some clients need to protect a business through a filing. Some need strategic Chapter 11 guidance. Some need help asserting creditor rights and preserving recoveries. Others need individual relief under Chapters 7 or 13. RESET.LAW is built to advise across that spectrum.

How We Help

  • Chapter 11 strategic guidance for debtors and stakeholders
  • Creditor representation, claims analysis, and recovery strategy
  • Business and individual bankruptcy filings
  • Out-of-court workouts and restructuring planning
  • Assessment of Chapter 7 and Chapter 13 options where appropriate

Practical, Senior-Level Counsel

This practice is not limited to consumer filings. We advise creditors with claims, businesses facing distress, and individuals seeking a workable path forward. The goal is to bring disciplined legal judgment, strategic clarity, and practical next steps whether the right answer is Chapter 11, Chapter 7, Chapter 13, a negotiated workout, or a broader restructuring plan.

CHAPTER 11 & RESTRUCTURING

Strategic guidance for businesses, individuals, and creditors in complex situations

For Creditors

We assist creditors in Chapter 11 matters with claims review and filing, strategy on recoveries, monitoring case developments, and practical guidance on protecting rights throughout the process.

For Businesses & Individuals

We advise businesses and individuals evaluating Chapter 11, restructuring alternatives, and related strategic options where a more tailored reorganization framework may be appropriate than a standard Chapter 7 or 13 filing.

✓ WHERE CHAPTER 11 MAY HELP

  • ✓ Operating business needs breathing room
  • ✓ Complex debt structure or multiple stakeholders
  • ✓ Creditor seeks to protect claim position
  • ✓ Reorganization may preserve enterprise value
  • ✓ Strategic negotiation leverage is needed

✗ WHAT TO CONSIDER

  • ✗ More complex than Chapters 7 or 13
  • ✗ Court oversight can be intensive
  • ✗ Costs and timing vary significantly
  • ✗ Early strategic mistakes can be costly
  • ✗ Requires careful planning and execution

Chapter 11 and restructuring guidance may be right if:

You are a creditor with a meaningful claim • your business needs a reorganization path • your situation involves more than straightforward consumer debt relief • or you need strategic legal guidance before deciding whether a filing should occur at all.

CHAPTER 7

"Fresh Start" Liquidation Bankruptcy

Also Available Where Appropriate

Chapter 7 remains an important option where a faster liquidation-based structured path forward is the right fit. It eliminates most unsecured debts quickly. A trustee reviews your finances; non-exempt assets may be sold. Most cases are "no-asset"—you keep everything protected by exemptions.

Who Qualifies?

  • Income below NY median (~$67K single / ~$117K family of 4) OR pass means test
  • No Chapter 7 discharge in past 8 years
  • Complete credit counseling before filing

✓ ADVANTAGES

  • ✓ Fast debt elimination (4-6 months)
  • ✓ Most unsecured debts wiped out
  • ✓ Immediate relief from creditors
  • ✓ Keep exempt property
  • ✓ Lower cost than Chapter 13

✗ DISADVANTAGES

  • ✗ May lose non-exempt property
  • ✗ Cannot cure mortgage arrears
  • ✗ Strict income limits apply
  • ✗ Stays on credit report 10 years
  • ✗ Co-signers remain liable

Chapter 7 may be right if:

Income below median • Little home/car equity • Mostly credit card or medical debt • Want quickest structured path forward • Current on mortgage

CHAPTER 13

"Wage Earner's Plan" Repayment Bankruptcy

Also Available Where Appropriate

Chapter 13 remains a valuable tool where a repayment structure is needed to preserve assets or cure arrears. It allows you to keep all your property while repaying some or all of your debts over 3-5 years. You make monthly payments to a trustee who distributes funds to creditors. At the end, remaining qualifying debts are discharged.

Who Qualifies?

  • Regular income sufficient for monthly plan payments
  • Total debts under $2,750,000
  • No Chapter 7 discharge in past 4 years / Chapter 13 in past 2 years
  • Complete credit counseling before filing

✓ ADVANTAGES

  • ✓ Keep ALL your property
  • ✓ Stop foreclosure & catch up on arrears
  • ✓ Protect co-signers on debts
  • ✓ May reduce car loan balance
  • ✓ Shorter credit report impact (7 yrs)

✗ DISADVANTAGES

  • ✗ 3-5 year payment commitment
  • ✗ Must maintain all plan payments
  • ✗ More complex process
  • ✗ Higher attorney fees
  • ✗ Requires court plan approval

Chapter 13 may be right if:

Income too high for Chapter 7 • Behind on mortgage & want to keep home • Have significant assets to protect • Have co-signers to protect • Stable income for 3-5 years

Quick Reference Summary

Chapter 7 and Chapter 13 remain important tools, but they are not the only focus of this practice. RESET.LAW also advises on Chapter 11, creditor claims, and broader restructuring strategy.

CHAPTER 7 CHAPTER 13
Timeline 4-6 months 3-5 years
Credit Report 10 years 7 years
Income Test Must pass means test Regular income required
Property May lose non-exempt Keep all property
Mortgage Arrears Cannot cure Can catch up over plan

New York Homestead Exemptions (2026)

TIER 1: $204,825
NYC, Nassau, Suffolk, Westchester, Rockland, Putnam
TIER 2: $170,700
Albany, Dutchess, Orange, Saratoga, Columbia, Ulster
TIER 3: $136,975
All other NY counties

Married couples filing jointly may double these amounts.

Debts That Cannot Be Eliminated

Child support & alimony • Most tax debts • Student loans (limited exceptions) • Criminal fines & restitution • Debts from fraud • Debts from DUI injuries

DISCLAIMER: This guide is for informational purposes only and does not constitute legal advice. Bankruptcy law is complex and outcomes depend on individual circumstances. No attorney-client relationship is created by reading this material. Please consult with a qualified bankruptcy attorney before making any decisions.

READY TO TAKE THE NEXT STEP?

Every situation is unique. Arrange a consultation to discuss creditor claims, Chapter 11 strategy, business distress, restructurings, or individual bankruptcy options.

📞 (646) 212-0194

RESET.LAW

Michael S. Baker, P.C.

A practice of

NYBusiness.Law

Helping creditors, businesses, and individuals across New York State