Bankruptcy Exemption Citations
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In re Pearl, 723 F.2d 193 (2nd Cir. 1983) - Real property including co-op, condo, or mobile home, to $179,975 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $149.975 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $89,975 for the remaining counties in the state. (husband & wife may double)
N.Y. CPLR § 5205 (c) - ERISA-qualified benefits, IRAs, & Keoghs & income needed for support
N.Y. CPLR § 5205 - Clothing, furniture, refrigerator, TV, radio, computer and cell phone, crockery, cooking utensils & tableware, dishes necessary for family;
Stoves and home heating equipment with fuel to last 120 days;
Wedding ring, jewelry and art to $1,175;
Religious texts, schoolbooks, other books to $600;
Church pew or seat;
Domestic animal with food to last 120 days, to $1,175;
(NY CPLR § 5205)
In bankruptcy, these personal property exemptions claimed under NY CPLR § 5205 may not exceed $11,975 total (including tools of trade & limited annuity) (NY DEBT & CRED § 283)
N.Y. CPLR § 5205 (a),(b) - Farm machinery, team & food for 60 days; professional furniture, books, & instruments to $3,575 total
N.Y. CPLR § 5206 (a) - Real property including co-op, condo, or mobile home, to $179,975 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $149.975 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $89,975 for the remaining counties in the state. (husband & wife may double)
N.Y. Debt. & Cred. Law § 283 (1) - Annuity contract benefits due the debtor, if
debtor paid for the contract; $5,000 limit
if purchased within 6 mos. prior to filing &
not tax-deferred
N.Y. Debt. & Cred. Law § 283 - Clothing, furniture, refrigerator, TV, radio, computer and cell phone, crockery, cooking utensils & tableware, dishes necessary for family;
Stoves and home heating equipment with fuel to last 120 days;
Wedding ring, jewelry and art to $1,175;
Religious texts, schoolbooks, other books to $600;
Church pew or seat;
Domestic animal with food to last 120 days, to $1,175;
(NY CPLR § 5205)
In bankruptcy, these personal property exemptions claimed under NY CPLR § 5205 may not exceed $11,975 total (including tools of trade & limited annuity) (NY DEBT & CRED § 283)
N.Y. Debt. & Cred. Law § 283 (2) - (Contingent Alternative Exemption for debtors who do not claim homestead): Cash (including savings bonds, tax refunds, bank & credit union deposits) to $6,000, or to $11,975 minus the aggregate total exemptions taken for personal property, whichever amount is less
N.Y. Debt. & Cred. Law § 285 - As of 2011, New York allows residents to choose the federal exemptions pursuant to Code § 522(b). NYD&CL § 285
N.Y. Est. Powers & Trusts Law § 7-1.5 (a)(2) - Life insurance proceeds left at death
with the insurance company, if clause
prohibits proceeds from being used to pay
beneficiary's creditors
N.Y. Ins. Law § 3212 (d) - Annuity contract benefits due the debtor, if
debtor paid for the contract; $5,000 limit
if purchased within 6 mos. prior to filing &
not tax-deferred
Haw. Rev. Stat. § 651-124 - IRAs, Roth IRAs, ERISA-qualified benefits deposited over 3 years before filing bankruptcy
401(a), 401(k), 403(a), 403(b), 408, 408A, 409 (as in effect prior to January 1, 1984), 414(d), or 414(e) of the Internal Revenue Code
Iowa Code § 627.6 (8)(e) - Other pensions, annuities, and contracts fully exempt; however, contributions made within 1 year prior to filing for bankruptcy not exempt to the extent they exceed normal and customary amounts
Ind. Code Ann. § 34-55-10-2 (c)(6) - Public or private retirement benefits and contributions, IRAs, (Contributions other than Roth IRAs must be tax-deductable)
Kan. Stat. Ann. § 60-2308 (a) - Federal government pension needed for support & paid within 3 months of filing for bankruptcy (only payments being received)
Kan. Stat. Ann. § 60-2312 (b) - Payment under a stock bonus, pension, profitsharing, annuity, or similar plan or contract on account of illness, disability, death, age, or length of service, to the extent reasonably necessary for support
Kan. Stat. Ann. § 13-14a10 - Elected & appointed officials in cities with populations between 120,000 & 200,000
La. Rev. Stat. Ann. § 13:3881 (D)(1) - ERISA-qualified benefits, including IRAs and Keoghs, if contributions made over 1 year before filing for bankruptcy
La. Rev. Stat. Ann. § 20:33 (1) - ERISA-qualified benefits, including IRAs and Keoghs, if contributions made over 1 year before filing for bankruptcy
Me. Rev. Stat. Ann. tit. 14, § 4422 (13)(F) - Payments from IRAs or other pensions or disability or survivor benefits needed for support of the debtor and dependents to $15,000
Mo. Rev. Stat. § 513.430 1.(10) (f) - Retirement plan, profit-sharing plan, health savings plan, or similar plan, including an inherited account or plan, qualified under section 401(a), 403(a), 403 (b), 408, (IRA) 408A (Roth IRA), or 409 of the federal tax code, inlcuding an iherited account or plan
Mont. Code Ann. § 31-2-106 - IRAs, ERISA-qualified benefits deposited over 1 year before filing bankruptcy or up to 15% of debtor's gross annual income
N.D. Cent. Code § 28-22-03.1 (e) - Payments from an ERISA-qualified stock bonus, profit-sharing, annuity or similar plan, to extemt extent necessary for support.
N.D. Cent. Code § 28-22-03.1 (7) - ERISA-qualified retirement funds, IRAs, & Keoghs to $200,000 per plan; or $400,000 for all accounts; no limit if more needed for support
N.J. Stat. Ann. § 25:2-1 - Trust containing personal property created pursuant to federal tax law, including 401(k) plans and higher education (529) savings plans, IRAs, Roth IRAs Excluded from bankruptcy estate
42 Pa. Cons. Stat. Ann. § 8124 (b)(1)(vii), (viii),(ix) - Private retirement benefits (IRAs, etc.) to extent tax-deferred, if clause prohibits proceeds from being used to pay beneficiary's creditors; exemption limited to deposits of $15,000 per year made at least 1 year before filing (limit does not apply to rollovers from other exempt funds or accounts)
Tex. Prop. Code Ann. § 42.0021 - ERISA-qualified government or church benefits, including Keoghs and IRAs & Roth IRAs; (limited to tax-deductible contributions)
11 U.S.C. § 522 (d)(12) - All types of retirement funds and accounts that tax-exempt under IRC section 401, 403, 408, 408A, 414, 457, or 501(a) ; IRAs & Roth IRAs limited to $1,512,350 (excluding rollover contributions); limitation can be overidden by judge.
11 U.S.C. § 522 (n) - All types of retirement funds and accounts that tax-exempt under IRC section 401, 403, 408, 408A, 414, 457, or 501(a) ; IRAs & Roth IRAs limited to $1,512,350 (excluding rollover contributions); limitation can be overidden by judge.
33 U.S.C. § 775 - Benefits for surviving spouses of Lighthouse Service personnel
33 U.S.C. § 916 - Death and disability benefits paid pursuant to the Longshoremen’s and Harbor Workers’ Compensation Act
Utah Code Ann. § 78B-5-505 (1)(a)(xiv) - ERISA-qualified benefits, IRAs, Keoghs (benefits that have accrued & contributions that have been made at least 1 year prior to filing)
Wis. Stat. Ann. § 815.18 (3)(j) - Private or public retirement or disability benefits, including IRAs and KEOGHs, 401(k), subject to many exceptions & limitations.