Bankruptcy Exemption Citations
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← New York Wages Exemptions

Exemption: 90% of earned wages within 60 days before filing

Citation: Stat. - N.Y. CPLR § 5205 (d)

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N.Y. CPLR § 5205 (d):
� 5205. Personal property exempt from application to the satisfaction of money judgments. (a) Exemption for personal property. The following personal property when owned by any person is exempt from application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity:

1. all stoves and home heating equipment kept for use in the judgment debtor's dwelling house and necessary fuel therefor for one hundred twenty days; one sewing machine with its appurtenances

2. religious texts, family pictures and portraits, and school books used by the judgment debtor or in the family; and other books, not exceeding five hundred dollars in value, kept and used as part of the family or judgment debtor's library;

3. a seat or pew occupied by the judgment debtor or the family in a place of public worship;

4. domestic animals with the necessary food for those animals for one hundred twenty days, provided that the total value of such animals and food does not exceed one thousand dollars; all necessary food actually provided for the use of the judgment debtor or his family for one hundred twenty days;

5. all wearing apparel, household furniture, one mechanical, gas or electric refrigerator, one radio receiver, one television set, one computer and associated equipment, one cellphone, crockery, tableware and cooking utensils necessary for the judgment debtor and the family; all prescribed health aids;

6. a wedding ring; a watch, jewelry and art not exceeding one thousand dollars in value;

7. tools of trade, necessary working tools and implements, including those of a mechanic, farm machinery, team, professional instruments, furniture and library, not exceeding three thousand dollars in value, together with the necessary food for the team for one hundred twenty days, provided, however, that the articles specified in this paragraph are necessary to the carrying on of the judgment debtor's profession or calling;

8. one motor vehicle not exceeding four thousand dollars in value above liens and encumbrances of the debtor; if such vehicle has been equipped for use by a disabled debtor, then ten thousand dollars in value above liens and encumbrances of the debtor; provided, however, that this exemption for one motor vehicle shall not apply if the debt enforced is for child support, spousal support, maintenance, alimony or equitable distribution, or if the state of New York or any of its agencies or any municipal corporation is the judgment creditor; and

9. if no homestead exemption is claimed, then one thousand dollars in personal property, bank account or cash.
Last Amended: 2011
2011

(L.1962, c. 308. Amended L.1965, c. 623, � 1; L.1976, c. 129, �� 1, 2; L.1976, c. 697, � 1; L.1977, c. 516, � 26; L.1978, c. 17, � 1; L.1979, c. 148, � 2; L.1980, c. 116, � 1; L.1986, c. 404, � 9; L.1987, c. 108, � 1; L.1989, c. 84, � 1; L.1989, c. 280, �� 1, 2; L.1993, c. 638, � 8; L.1994, c. 127, � 1; L.1995, c. 93, �� 1, 2; L.1997, c. 398, � 61, eff. Jan. 1, 1998; L.1997, c. 546, � 5, eff. Sept. 10, 1997; L.1998, c. 206, � 1, eff. July 7, 1998, deemed eff. Jan. 1, 1998; L.2001, c. 62, � 11, eff. June 25, 2001; L.2001, c. 141, � 1, eff. Aug. 6, 2001; L.2008, c. 575, � 1, eff. Jan. 1, 2009; L.2009, c. 24, �� 1, 2, eff. May 4, 2009; L.2010, c. 568, � 1, eff. Jan. 21, 2011; L.2011, c. 1, � 1, eff. Jan. 21, 2011; L.2011, c. 62, pt. A, � 104, eff. Oct. 3, 2011.)

2011 Electronic Pocket Part Update.

L.2011, c. 62 legislation

L.2011, c. 62, pt. A, � 104, subd. (f), provides:

�(f) Wherever the terms �superintendent of insurance� or �superintendent of banks� appears in the consolidated or unconsolidated laws of this state other than the banking law or the insurance law, such terms are hereby changed to �superintendent of financial services�.�

L.2011, c. 1 legislation

Subd. (a), par. 8. L.2011, c. 1, � 1, inserted �, or if the state of New York or any of its agencies or any municipal corporation is the judgment creditor�.

L.2011, c. 1, � 2, provides:

�This act shall take effect on the same date [Jan. 21, 2011] and in the same manner as chapter 568 of the laws of 2010 takes effect.�

L.2010, c. 568 legislation

Subd. (a), par. 1. L.2010, c. 568, � 1, inserted �and home heating equipment� and substituted �one hundred twenty� for �sixty�.

Subd. (a), par. 2. L.2010, c. 568, � 1, substituted �religious texts� for �the family bible�; inserted �and portraits�; and substituted �five hundred� for �fifty�.

Subd. (a), par. 4. L.2010, c. 568, � 1, substituted �one hundred twenty� for �sixty� in two instances and substituted �one thousand� for �four hundred fifty�.

Subd. (a), par. 5. L.2010, c. 568, � 1, inserted �one computer and associated equipment, one cellphone� and inserted �all prescribed health aids;�.

Subd. (a), par. 6. L.2010, c. 568, � 1, inserted �jewelry and art� ; substituted �one thousand� for �thirty-five�; and, at the end, deleted �and�.

Subd. (a), par. 7. L.2010, c. 568, � 1, inserted �tools of trade,� ; substituted �three thousand� for �six hundred�; substituted �one hundred twenty� for �sixty�; and, at the end, substituted a colon for a period.

Subd. (a), par. 8. L.2010, c. 568, � 1, added par. 8.

Subd. (a), par. 9. L.2010, c. 568, � 1, added par. 9.

L.2010, c. 568, � 7, provides:

�This act shall take effect on the thirtieth day [Jan. 21, 2011] after it shall have become a law and shall apply to the satisfaction of judgments on or after such date.�

L.2009, c. 24 legislation

Subd. (l), par. 1. L.2009, c. 24, � 2, in the second sentence, inserted �or to enforce a child support, spousal support, alimony or maintenance obligation�.

Subd. (l), par. 2. L.2009, c. 24, � 2, in the second sentence, deleted �processed and received pursuant to title IV-D of the Social Security Act� following �child support payments�.

Subd. (o). L.2009, c. 24, � 1, added subd. (o).

L.2008, c. 575 legislation

Subd. (l). L.2008, c. 575, � 1, added subd. (l).

Subd. (m). L.2008, c. 575, � 1, added subd. (m).

Subd. (n). L.2008, c. 575, � 1, added subd. (n).

L.2001, c. 141 legislation

Subd. (c), par. 2. L.2001, c. 141, � 1, deleted �or� before �a Keogh�; inserted �or a plan that satisfies the requirements of section 457 of the Internal Revenue Code of 1986, as amended,�; and inserted �or (v) a participant in a section 457 plan�.

L.2001, c. 141, � 2, provides:

�This act shall take effect immediately and shall be applicable to any case decided on or after October 1, 2000.�

L.2001, c. 62 legislation

Subd. (k). L.2001, c. 62, � 11, added subd. (k).

L.2001, c. 62, � 18, provides:

�This act shall take effect immediately and, notwithstanding the expiration of any other statute of limitations, shall apply to: (i) all judgments originally entered prior to such effective date, regardless whether such judgment is subsequently amended or satisfied on or after such effective date; and (ii) all judgments, obligations or agreements to pay profits from a crime or funds of a convicted person entered, incurred or entered into on or after the effective date of this act. Provided, however, the assessment and civil penalties provided for in subdivision 7 of section 632-a of the executive law, as added by section one of this act, shall not be applicable to the failure of a person or entity to provide notice of a payment or obligation to pay funds of a convicted person pursuant to subdivision 2 of section 632-a of the executive law as amended by section one of this act within the 15 day period immediately following the effective date of this act. Provided, further, that the amendment to section 500-c of the correction law made by section six of this act shall take effect upon the reversion of such section as provided for in chapter 907 of the laws of 1984, as amended, and upon such date section seven of this act, amending section 500-c of the correction law, shall be deemed expired and repealed therewith.�

L.1998, c. 206 legislation

Subd. (c), par. 2. L.1998, c. 206, � 1, inserted �or section four hundred eight A� and substituted �, 408 (d) (3) or 408A� for �or 408 (d) (3)�.

L.1997, c. 546 legislation

Subd. (j). L.1997, c. 546, � 5 added this subdivision.

For short title, legislative declaration, and separability provisions of L.1997, c. 546, and tax years to which the law is applicable, see Historical and Statutory Notes under Education Law � 695.

L.1997, c. 398 legislation

Subd. (c), par. 4. L.1997, c. 398, � 61, added �or under any order of support, alimony or maintenance of any court of competent jurisdiction to enforce arrears/past due support whether or not such arrears/past due support have been reduced to a money judgment.�

L.1997, c. 398, �� 1, 147, 148, and 149, describe the legislative findings and declaration, regulatory authority, severability provisions, and the effective date of L.1997, c. 398. See the Historical and Statutory Notes under Labor Law � 537.

1997 Main Volume
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Other New York Exemption Citations

50 State Wages Exemptions

  • Alaska Stat. § 09.38.030 (a),(b) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
  • Alaska Stat. § 09.38.050 (b) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
  • Alaska Admin. Code tit. 8, § 95.030 (d),(e) - Weekly net earnings to $473; for sole wage earner in a household, $716; if you don't receive weekly or semi-monthly pay, can claim $1,890 in cash or liquid assets paid any month; for sole wage earner in household, $2,970
  • Ala. Code § 5-19-15 - With respect to consumer loans, consumer credit sales, and consumer leases, 75% of weekly net earnings or 30 times the federal minimum hourly wage; all other cases, 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors
  • Ala. Code § 6-10-7 - With respect to consumer loans, consumer credit sales, and consumer leases, 75% of weekly net earnings or 30 times the federal minimum hourly wage; all other cases, 75% of earned but unpaid wages; bankruptcy judge may authorize more for low-income debtors
  • Ark. Code Ann. § 16-66-208 - Earned but unpaid wages due for 60 days; in no event less than $25 per week
  • Ark. Code Ann. § 16-66-218 (b)(6) - Earned but unpaid wages due for 60 days; in no event less than $25 per week
  • Ariz. Rev. Stat. § 33-1131 - 90% of earned but unpaid weekly net earnings or 60 times the federal minimum hourly wage; 50% of wages for support orders; bankruptcy judge may authorize more for low-income debtors
  • Cal. Civ. Proc. Code § 703.140 - None
  • Cal. Civ. Proc. Code § 704.070 - Minimum 75% of wages paid within 30 days prior to filing
  • Cal. Civ. Proc. Code § 704.113 - Public employees' vacation credits; if receiving installments, at least 75%
  • In re Nye, 210 B.R. 857 (D. Colo. 1997) - Minimum 75% of weekly net earnings or 30 times the federal or state minimum wage, whichever is greater, including pension and insurance payments
  • In re Kobernusz, 160 B.R. 844 (D. Colo. 1993) - Minimum 75% of weekly net earnings or 30 times the federal or state minimum wage, whichever is greater, including pension and insurance payments
  • Colo. Rev. Stat. § 13-54-104 - Minimum 75% of weekly net earnings or 30 times the federal or state minimum wage, whichever is greater, including pension and insurance payments
  • Conn. Gen. Stat. Ann. § 52-361a (f) - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater. Conn. Gen. Stat. § 52-361a(f). Disposable income is that left after deductions of taxes, normal retirement contributions, union dues and fees, and health or group life insurance premiums. All wages earned by a public assistance recipient under an incentive earnings program are exempt. Conn. Gen. Stat. § 52-352b(d). No garnishment unless judgment debtor has failed to comply with an installment payment order. Conn. Gen. Stat. § 52-361a(a). Garnishment will be for the statutory maximum, unless the court provides otherwise pursuant to motion for modification. Conn. Gen. Stat. § 52-361a(f). No more than one garnishment at a time. Conn. Gen. Stat. § 52-361a(f). Employer may not discharge or discipline employee for garnishment unless there are more than seven wage executions in one calendar year. Conn. Gen. Stat. § 52-361a(j). Survival after payment/deposit: $1000 of identifiable, directly-deposited wages, deposited during the sixty days before the execution are exempt. Conn. Gen. Stat. § 52-367b(c)
  • Conn. Gen. Stat. Ann. § 52-352b (d) - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater. Conn. Gen. Stat. § 52-361a(f). Disposable income is that left after deductions of taxes, normal retirement contributions, union dues and fees, and health or group life insurance premiums. All wages earned by a public assistance recipient under an incentive earnings program are exempt. Conn. Gen. Stat. § 52-352b(d). No garnishment unless judgment debtor has failed to comply with an installment payment order. Conn. Gen. Stat. § 52-361a(a). Garnishment will be for the statutory maximum, unless the court provides otherwise pursuant to motion for modification. Conn. Gen. Stat. § 52-361a(f). No more than one garnishment at a time. Conn. Gen. Stat. § 52-361a(f). Employer may not discharge or discipline employee for garnishment unless there are more than seven wage executions in one calendar year. Conn. Gen. Stat. § 52-361a(j). Survival after payment/deposit: $1000 of identifiable, directly-deposited wages, deposited during the sixty days before the execution are exempt. Conn. Gen. Stat. § 52-367b(c)
  • Conn. Gen. Stat. Ann. § 52-367b (c) - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater. Conn. Gen. Stat. § 52-361a(f). Disposable income is that left after deductions of taxes, normal retirement contributions, union dues and fees, and health or group life insurance premiums. All wages earned by a public assistance recipient under an incentive earnings program are exempt. Conn. Gen. Stat. § 52-352b(d). No garnishment unless judgment debtor has failed to comply with an installment payment order. Conn. Gen. Stat. § 52-361a(a). Garnishment will be for the statutory maximum, unless the court provides otherwise pursuant to motion for modification. Conn. Gen. Stat. § 52-361a(f). No more than one garnishment at a time. Conn. Gen. Stat. § 52-361a(f). Employer may not discharge or discipline employee for garnishment unless there are more than seven wage executions in one calendar year. Conn. Gen. Stat. § 52-361a(j). Survival after payment/deposit: $1000 of identifiable, directly-deposited wages, deposited during the sixty days before the execution are exempt. Conn. Gen. Stat. § 52-367b(c)
  • D.C. Code Ann. § 24-241.06 - Wages of prisoners in a work release program
  • D.C. Code Ann. § 16-572 - Minimum 75% of earned but unpaid wages, pension payments; bankruptcy judge may authorize more for low-income debtors
  • D.C. Code Ann. § 15-503 - Nonwage (including pension & retirement) earnings to $200/mo for head of family; else $60/mo for a maximum of two months
  • D.C. Code Ann. § 15-501 (e)(11) - Payment for loss of future earnings
  • Del. Code Ann. tit. 10, § 4913 - 85% of earned but unpaid wages
  • Fla. Stat. Ann. § 222.11 - 100% of wages for heads of family up to $750 per week either unpaid or paid and deposited into bank account for up to 6 months
  • Fla. Stat. Ann. § 222.21 - Federal government employees' pension payments needed for support & received 3 months prior
  • Ga. Code Ann. § 18-4-20 - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater, for private & federal workers; bankruptcy judge may authorize more for low-income debtors
  • Ga. Code Ann. § 18-4-21 - Minimum 75% of earned but unpaid weekly disposable earnings, or 40 times the state or federal hourly minimum wage, whichever is greater, for private & federal workers; bankruptcy judge may authorize more for low-income debtors
  • Haw. Rev. Stat. § 353-1 - Prisoner's wages held by Dept. of Public Safety (except for restitution, child support, and other claims)
  • Haw. Rev. Stat. § 353-22 - Prisoner's wages held by Dept. of Public Safety (except for restitution, child support, and other claims)
  • Haw. Rev. Stat. § 353-22.5 - Prisoner's wages held by Dept. of Public Safety (except for restitution, child support, and other claims)
  • Haw. Rev. Stat. § 651-121 (6) - Unpaid wages due for services of past 31 days
  • Iowa Code § 537.5105 - Expected annual earnings Amount NOT exempt per year $0 to $12,000 -- $250 $12,000 to $16,000 -- $400 $16,000 to $24,000 -- $800 $24,000 to $35,000 -- $1,000 $35,000 to $50,000 -- $2,000 More than $50,000 -- 10% Not exempt from spousal or child support In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
  • Iowa Code § 627.6 (10) - Expected annual earnings Amount NOT exempt per year $0 to $12,000 -- $250 $12,000 to $16,000 -- $400 $16,000 to $24,000 -- $800 $24,000 to $35,000 -- $1,000 $35,000 to $50,000 -- $2,000 More than $50,000 -- 10% Not exempt from spousal or child support In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
  • In re Irish, 311 B.R. 63 (8th Cir. B.A.P. 2004) - Expected annual earnings Amount NOT exempt per year $0 to $12,000 -- $250 $12,000 to $16,000 -- $400 $16,000 to $24,000 -- $800 $24,000 to $35,000 -- $1,000 $35,000 to $50,000 -- $2,000 More than $50,000 -- 10% Not exempt from spousal or child support In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
  • Iowa Code § 642.21 - Expected annual earnings Amount NOT exempt per year $0 to $12,000 -- $250 $12,000 to $16,000 -- $400 $16,000 to $24,000 -- $800 $24,000 to $35,000 -- $1,000 $35,000 to $50,000 -- $2,000 More than $50,000 -- 10% Not exempt from spousal or child support In bankruptcy, exemptions of wages and tax refunds may not exceed $1,000
  • Iowa Code § 356.29 - Wages or salary of a prisoner
  • Idaho Code § 11-605 (12) - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater, but not more than $2,500 per calendar year; pension payments; bankruptcy judge may authorize more for low-income debtors
  • Idaho Code § 11-207 - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater, but not more than $2,500 per calendar year; pension payments; bankruptcy judge may authorize more for low-income debtors
  • 735 Ill. Comp. Stat. 5/12-803 - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • In re Mayer, 388 BR 869 (Bankr.ND Ill 2008) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • But see, In re Koeneman, 410 B.R. 820 (Bankr.N.D.Ill 2009) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • But see, In re Radzilowsky, 448 BR 767 (Bankr. N.D. Ill 2011) - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • 740 Ill. Comp. Stat. 170/4 - Minimum 85% of earned but unpaid weekly wages or 45 times the federal minimum hourly wage; bankruptcy judge may authorize more for low-income debtors. NOTE This exemption may no longer be allowed by all Illinois courts. See In re Radzilowski, 448 BR 767.
  • In re Haraughty, 403 BR 607 (Bankr. SD Indiana 2009) - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage; bankruptcy judge may authorize more for low-income debtors
  • Ind. Code Ann. § 24-4.5-5-105 - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage; bankruptcy judge may authorize more for low-income debtors
  • In re Urban, 262 B.R. 865 (Bankr. D.Kan 2001) - Minimum 75% of disposable weekly wages or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Kan. Stat. Ann. § 60-2310 - Minimum 75% of disposable weekly wages or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Ky. Rev. Stat. Ann. § 427.010 (2),(3) - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • La. Rev. Stat. Ann. § 13:3881 (A)(1) - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • La. Rev. Stat. Ann. § 13:3951 - Wages earned out of state exempt from out of state debts
  • Mass. Gen. Laws ch. 246, § 28 - Earned but unpaid wages to 85% of gross wages OR 50 times minimum wage per week, whichever is greater
  • Mass. Gen. Laws ch. 235, § 34 (15) - Earned but unpaid wages to 85% of gross wages OR 50 times minimum wage per week, whichever is greater
  • Md. Code Ann., [Com. Law] § 15-601.1 - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • Marshall v. Safeway, Inc., 437 Md. 542 (MD 2014) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • Md. Code Ann., [Cts. & Jud. Proc.] § 11-504 (e) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • In re Stine, 360 F.3d 455 (4th Cir. 2004) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • Bank of America v. Stine, 379 Md. 76, 839 A.2d 727 ( 2003) - Earned but unpaid wages, the greater of 75% or $145 per week; in Kent, Caroline, & Queen Anne's of Worcester Counties, the greater of 75% or 30 times federal minimum hourly wage
  • Mich. Comp. Laws § 600.5311 - Head of household may keep 60% of earned but unpaid wages (no less than $15/week), plus $2/week per nonspouse dependent; if not head of household may keep 40% (no less than $10/week)
  • Minn. Stat. Ann. § 550.37 subd. 14 - Wages, paid within 6 mos. of returning to work, after receiving welfare or after incarceration; includes earnings deposited in a financial institution in the last 60 days 550.37 subd. 14
  • Minn. Stat. Ann. § 571.922 - Minimum 75% of weekly disposable earnings or 40 times federal minimum hourly wage, whichever is greater
  • Minn. Stat. Ann. § 550.37 subd. 13 - Wages deposited into bank accounts for 20 days after depositing
  • Mo. Rev. Stat. § 513.470 - Wages of servant or common laborer to $90
  • Mo. Rev. Stat. § 525.030 - Minimum 75% of weekly earnings (90% of weekly earnings for head of family), or 30 times the federal minimum hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • In re Parsons, 437 B.R. 854 (Bankr. E.D. Mo. 2010) - Minimum 75% of weekly earnings (90% of weekly earnings for head of family), or 30 times the federal minimum hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • Miss. Code Ann. § 85-3-4 - Earned but unpaid wages owed for 30 days; after 30 days, minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater (bankruptcy judge may authorize more for low-income debtors)
  • Mont. Code Ann. § 25-13-614 - Minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • N.C. Gen. Stat. § 1-362 - Earned but unpaid wages received 60 days before filing for bankruptcy, needed for support
  • N.D. Cent. Code § 32-09.1-03 - Minimum 75% of disposable weekly earnings or 40 times the federal minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors NOTE: This exemption is only applicable in garnishment proceedings.
  • N.D. Cent. Code § 28-22-18 - Minimum 75% of disposable weekly earnings or 40 times the federal minimum wage, whichever is more; bankruptcy judge may authorize more for low-income debtors NOTE: This exemption is only applicable in garnishment proceedings.
  • Neb. Rev. Stat. § 25-1558 - Minimum 85% of earned but unpaid weekly disposable earnings or pension payments for head of family; minimum 75% of earned but unpaid weekly disposable earnings, or 30 times the federal hourly minimum wage, whichever is greater, for all others; bankruptcy judge may authorize more for low-income debtors
  • N.H. Rev. Stat. Ann. § 512:21 (III) - Earned but unpaid wages of spouse
  • N.H. Rev. Stat. Ann. § 512:21 (II) - 50 times the federal minimum hourly wage per week NOTE: Does not apply as a bankruptcy exemption provision. In re Damast, 136 B.R. 11, 20 (Bankr. D. N.H. 1991)
  • In re Damast, 136 B.R. 11 (Bankr. D. N.H. 1991) - 50 times the federal minimum hourly wage per week NOTE: Does not apply as a bankruptcy exemption provision. In re Damast, 136 B.R. 11, 20 (Bankr. D. N.H. 1991)
  • N.J. Stat. Ann. § 2A:17-56 - 90% of earned but unpaid wages if annual income under 250% of the poverty level for family size; 75% if annual income is more than that amount
  • N.J. Stat. Ann. § 38A:4-8 - Wages or allowances received by military personnel
  • N.M. Stat. Ann. § 35-12-7 - Minimum 75% of disposable earnings or 40 times the hourly minimum wage (state, fed, or local), whichever is more; bankruptcy judge may authorize more for low-income debtors
  • Nev. Rev. Stat. Ann. § 31.295 - Minimum 75% of disposable weekly earnings or 50 times the federal minimum hourly wage per week, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • Nev. Rev. Stat. Ann. § 21.090 (1)(g) - Minimum 75% of disposable weekly earnings or 50 times the federal minimum hourly wage per week, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • In re Christensen, 122 Nev. 1309, 149 P.3d 40 ( 2006) - Minimum 75% of disposable weekly earnings or 50 times the federal minimum hourly wage per week, whichever is more; bankruptcy judge may authorize more for low-income debtors
  • N.Y. CPLR § 5205 (f) - 90% of earnings from dairy farmer's sales to milk dealers
  • N.Y. CPLR § 5205 (e) - 100% of pay of noncommissioned officer, private, or musician in U.S. or N.Y. state armed forces
  • N.Y. Soc. Serv. Law § 137-a - wages exempt from installment payments while on public assistance
  • N.Y. CPLR § 5205 (d) - 90% of earned wages within 60 days before filing
  • In re Wiltsie, 463 B.R. 223 (Bankr.N.D.N.Y. 2011) - 90% of earned wages within 60 days before filing
  • N.Y. CPLR § 5231 (b) - 90% of earned wages within 60 days before filing
  • Ohio Rev. Code Ann. § 2329.66 (A)(13) - Minimum 75% of disposable weekly earnings or 40 times the federal hourly minimum wage, whichever is higher; bankruptcy judge may authorize more for low-income debtors
  • 12 Okla. Stat. Ann. § 1171.1 - 75% of wages earned in 90 days before filing bankruptcy; bankruptcy judge may allow more if you show hardship
  • 31 Okla. Stat. Ann. § 1 (A)(18) - 75% of wages earned in 90 days before filing bankruptcy; bankruptcy judge may allow more if you show hardship
  • 31 Okla. Stat. Ann. § 1.1 - 75% of wages earned in 90 days before filing bankruptcy; bankruptcy judge may allow more if you show hardship
  • Or. Rev. Stat. § 18.385 - 75% of disposable wages or $170 per week, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Or. Rev. Stat. § 292.070 - Wages withheld in state employee's bond savings accounts
  • 61 Pa. Cons. Stat. Ann. § 3704 - Prison inmates wages (repealed)
  • 42 Pa. Cons. Stat. Ann. § 8127 (f) - Wages of victims of abuse
  • 42 Pa. Cons. Stat. Ann. § 8127 - Earned but unpaid wages
  • R.I. Gen. Laws § 9-26-4 (8)(iii) - Earned but unpaid wages to $50
  • R.I. Gen. Laws § 30-7-9 - Earned but unpaid wages due military member on active duty
  • R.I. Gen. Laws § 9-26-4 (6) - Earned but unpaid wages due seaman
  • R.I. Gen. Laws § 9-26-4 (8)(ii) - Wages of any person who had been receiving public assistance are exempt for 1 year after going off of relief
  • R.I. Gen. Laws § 9-26-4 (9) - Wages of spouse & minor children
  • R.I. Gen. Laws § 9-26-4 (8)(i) - Wages paid by charitable organization or fund providing relief to the poor
  • S.D. Codified Laws Ann. § 15-20-12 - Earned wages owed 60 days before filing bankruptcy, needed for support of family
  • S.D. Codified Laws Ann. § 24-8-10 - Wages of prisoners in work programs
  • Tenn. Code Ann. § 26-2-106 - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage, whichever is more, plus $2.50 per week per child; bankruptcy judge may authorize more for low-income debtors
  • Tenn. Code Ann. § 26-2-107 - Minimum 75% of disposable weekly earnings or 30 times the federal minimum hourly wage, whichever is more, plus $2.50 per week per child; bankruptcy judge may authorize more for low-income debtors
  • Tex. Prop. Code Ann. § 42.001 (d) - Unpaid commissions not to exceed 25% of total personal property exemptions
  • Tex. Prop. Code Ann. § 42.001 (b)(1) - Earned but unpaid wages
  • 15 U.S.C. § 1673 - Minimum 75% of disposable weekly earnings or 30 times the federal hourly wage, whichever is more; bankruptcy judge may authorize more for low-income debtors. NOTE: Declared not a bankruptcy exemption by numerous Federal courts
  • 46 U.S.C. § 11109 - Seaman's wages (while on a voyage) persuant to a written contract
  • 11 U.S.C. § 522 (d) - None
  • Utah Code Ann. § 78B-5-505 (1)(a)(xvi) - Unpaid earnings as of the date of filing not more than 1/24th or of the annual Median Income for the state of Utah, or 1/12 if earnings are not paid more than once a month.
  • Utah R. Civ. Proc. Rule 64D (a) - Earnings to lesser of (1) 75% of debtor's disposable earnings (50% for child support) or (2) amount by which disposable earnings exceed 37x the minimum wage per week.
  • Gladwell v. Reinhart, 2012 UT 82 ( 2012) - Unpaid earnings as of the date of filing not more than 1/24th or of the annual Median Income for the state of Utah, or 1/12 if earnings are not paid more than once a month.
  • Va. Code Ann. § 34-4.2 - Parent w household gross income, including any support payments for children living in the home, less than $1,750 per month, can exempt from wage garnishment: * $34 per week for one child; * $52 per week for two children; * $66 per week for three or more children
  • Va. Code Ann. § 34-29 - Minimum 75% of weekly disposable earnings or 40 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Vt. Stat. Ann. tit. 12, § 3170 - Minimum 75% of weekly disposable earnings or 30 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Vt. Stat. Ann. tit. 12, § 3170 - Entire wages, if you received welfare during 2 months before filing
  • Wash. Rev. Code Ann. § 72.65.060 - Earnings of work release prisoners
  • Wash. Rev. Code Ann. § 6.27.150 - Minimum 75% of weekly disposable earnings or 30 times the federal minimum hourly wage, whichever is greater; bankruptcy judge may authorize more for low-income debtors
  • Wis. Stat. Ann. § 303.10 - Wages of county work camp prisoners
  • Wis. Stat. Ann. § 303.08 (3) - Wages of county jail prisoners
  • Wis. Stat. Ann. § 303.065 (4)(b) - Wages of inmates under work-release plan
  • Wis. Stat. Ann. § 815.18 (3)(h) - 75% of weekly net income or 30 times the greater of the federal or state minimum hourly wage; bankruptcy judge may authorize more for lowincome debtors
  • W. Va. Code § 38-5A-3 - Minimum 30 times the federal minimum hourly wage per week; bankruptcy judge may authorize more for low-income debtors
  • Wyo. Stat. § 19-9-401 - Earnings of National Guard members
  • Wyo. Stat. § 1-15-511 - Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more
  • Wyo. Stat. § 7-18-114 - Wages of inmates in adult community corrections program
  • Wyo. Stat. § 25-13-107 - Wages of inmates in correctional industries program
  • Wyo. Stat. § 7-16-308 - Wages of inmates on work release
  • Wyo. Stat. § 1-15-408 - Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more
  • Wyo. Stat. § 40-14-505 - Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more
  • In re Walsh, 96 P.3d 1 (Wyo. 2004) - Minimum 75% of disposable weekly earnings or 30 times the federal hourly minimum wage, whichever is more