What Bankruptcy Can and Cannot Do

Eugene Strupinsky • March 16, 2026

Bankruptcy is a powerful legal tool that can help individuals and businesses facing financial hardship, but many are unclear about what it truly accomplishes. If you are considering bankruptcy as an option to resolve debt issues, understanding its benefits and limitations can help you make informed decisions about your financial future.

How Bankruptcy Can Help You

Bankruptcy offers meaningful relief when debt becomes unmanageable. By filing for bankruptcy, you can:

Stop creditor collection actions due to the automatic stay.
Discharge certain unsecured debts, such as credit card bills and medical debts, in most Chapter 7 and Chapter 13 cases.
Protect essential assets from liquidation, especially if you are eligible to use federal or New York State exemptions.
Halt wage garnishments and prevent bank account levies, allowing you to regain financial stability and peace of mind.
Reorganize and repay priority debts over time while keeping critical assets through a structured Chapter 13 bankruptcy plan.

For residents in densely populated areas like Brooklyn and New York City, where the cost of living can be high and unexpected expenses are common, these protections can make a significant difference in day-to-day life.

What Bankruptcy Cannot Do

Bankruptcy is not a universal solution for all financial problems. There are important limits to what bankruptcy can accomplish, such as:

It cannot eliminate certain types of debt, including most student loans, recent income taxes, and debts arising from fraud or intentional harm.
It does not stop certain legal actions, like criminal proceedings, child support enforcement, or lawsuits related to personal injury caused while driving under the influence.
Mortgages and secured car loans are not simply wiped out through bankruptcy; while you can discharge the obligation to pay, you may lose the property if you cannot keep up with payments.
If you recently incurred luxury debts or made fraudulent transfers, those debts may not be eligible for discharge.
Bankruptcy cannot fix underlying credit problems instantly; it will appear on your credit report for years, which is especially relevant if you plan to rent an apartment or apply for employment in the competitive New York City market.

Common Misconceptions About Bankruptcy

There are several myths surrounding bankruptcy, particularly in metropolitan areas like Brooklyn. Many believe that bankruptcy means losing everything, but New York exemptions protect essentials such as your home, a reasonable vehicle, and retirement accounts in most cases. Others worry that bankruptcy will permanently affect credit, but many people are able to rebuild their credit over time with responsible financial management. Still others are concerned about the public nature of bankruptcy filings, yet in reality, the overwhelming volume of filings means these records are rarely seen by anyone other than creditors and the court unless you are a public figure.

When Is Bankruptcy the Right Choice?

Deciding whether bankruptcy is right depends on your unique circumstances. If you are behind on bills due to medical emergencies, job loss, unexpected housing expenses, or overwhelming credit balances, it may be appropriate to consult with a bankruptcy attorney. Local factors like fluctuating rent prices and the seasonal costs of utility bills in New York can also push finances past the tipping point, making bankruptcy a viable path to restore stability.

Seasonal and Local Considerations

In New York, residents often face additional financial strain during winter months due to increased heating costs. Seasonal employment shifts can also affect household income. There may be times such as after the holidays or when rent prices rise, when more residents consider bankruptcy simply to make ends meet. Local filing processes, exemptions, and trustee practices are unique to New York, so it is essential to work with a law firm deeply familiar with the region.

Contact Khalifeh & Strupinsky, P.C. for Guidance in Brooklyn and New York, NY

If you are considering consumer bankruptcy or want to understand your options in Brooklyn or New York, NY, Khalifeh & Strupinsky, P.C. is ready to assist. Call 917-717-5007 or fill out our online form to schedule a confidential consultation with a knowledgeable attorney from our local office. You will receive legal guidance tailored to your unique situation and local New York needs, helping you take the first step toward lasting financial relief.

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Are Communications with AI Privileged?: Judge Rakoff delivers opinion in United States v. Heppner

By Kayla Gaisi • March 10, 2026

As generative AI becomes increasingly integrated into our daily lives, it continues to raise legal questions that courts can no longer ignore. This month, the question of whether communications between criminal defendants and public AI are protected from government inspection was answered by Judge Jed Rakoff. That answer was an unequivocal 'no.' In the case at hand, defendant Bradely Heppner was charged with fraud and arrested a month later, in November 2025. When the FBI executed a search warrant at his home, they seized documents containing communications between him and the public AI platform Claude AI. According to Heppner's counsel, these communications reflected a defense strategy Heppner had generated in anticipation of potential indictment. Heppner asserted that these documents were either protected under attorney-client privilege or by the work product doctrine, arguing that he had used Claude for the purpose of obtaining legal advice and had shared these outputs with his attorneys. However, Judge Rakoff rejected both arguments. Attorney-client privilege applies only to communications between a client and a professional who owes them fiduciary duties and is subject to discipline. It is a socially valuable human relationship. Regardless of how advanced an AI systems is, it cannot meet this definition. Claude is not a human attorney and does not have an attorney-client relationship with its users, so communications with it cannot qualify for attorney-client privilege. Aside from this, Rakoff listed other reasons why Heppner's communications with Claude are not considered confidential. Firstly, Claude is a public AI system whose privacy policy discloses that communications can be shared with third parties including "governmental regulatory authorities." Secondly, as his counsel admitted, Heppner sought legal advice from Claude on his own volition, not at their direction. Even if Heppner received legal advice and later shared that with his counsel, that does not render the initially unprivileged communication privileged. The related work product doctrine fared no better for Heppner. This doctrine protects materials prepared by attorneys in anticipation of litigation from discovery by opposing parties. Here, the AI-generated documents were not prepared by or at the behest of counsel and did not reflect counsel's strategy. Thus, they fell outside the scope of the doctrine. Judge Rakoff's ruling matters because it maintains the narrowness of evidentiary privileges that is necessary for protecting the judicial system's truth-seeking function. Extending privilege to communications with public AI systems could create a dangerous loophoole, one where parties could shield discoverable information by filtering it through a chatbot. But given Rakoff's ruling, the main takeaway here is that attorneys should explicitly advise their clients not to share personal or legal information with public AI systems. Despite how routine it has now become for many to ask public AI personal questions, these communications are not confidential, and may ultimately be used as evidence in court.