:: Tenancy by Entirety Exemptions : New York Bankruptcy Law

Other New York Exemption Citations

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. Banking Law § 407 - Savings & loan savings to $600
In re Miller, 167 B.R. 782 (S.D. N.Y. 1994) - Motor vehicle to $4,825. $11,975 if vehicle equipped for a disabled person (husband & wife may double)
In re Wiltsie, 463 B.R. 223 (Bankr.N.D.N.Y. 2011) - 90% of earned wages within 60 days before filing
In re Fasarakis, 423 B.R. 34 (E.D.N.Y 2010) - Local public assistance benefits
In re Santiago-Monteverde, 2014 N.Y. Slip Op. 08051 (Ct. App. N.Y. 2014) - Local public assistance benefits
N.Y. CPLR § 5205 (b) - Recovery for injury to exempt property up to 1 year after receiving
N.Y. CPLR § 5205 (g) - Security deposit to landlord, utility company
N.Y. CPLR § 5205 (c),(d) - Spendthrift trust fund principal, 90% of income if not created by debtor
N.Y. CPLR § 5205 (e) - Uniforms, medal, emblem, equipment, horse, arms, & sword of member of military
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. CPLR § 5205 (1)(l) - Up to $3,000 of electronic deposits of exempt payments into bank account within last 45 days
N.Y. CPLR § 5205 (d)(3) - Alimony, child support
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 § 5205 (d) - 90% of earned wages within 60 days before filing
N.Y. CPLR § 5205 (a)(9) - $1,175 if no homestead claimed.
N.Y. CPLR § 5205 (a)(8) - Motor vehicle to $4,825. $11,975 if vehicle equipped for a disabled person (husband & wife may double)
N.Y. CPLR § 5205 (i) - Cash surrender value of life insurance
N.Y. CPLR § 5205 (j) - College tuition savings program trust fund
N.Y. CPLR § 5205 (h) - Health aids, including service animals with food
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. CPLR § 5206 (f) - Burial plot without structure to 1/4 acre
N.Y. CPLR § 5231 (b) - 90% of earned wages within 60 days before filing
N.Y. Debt. & Cred. Law § 282 (3)(iv) - Lost future earnings recoveries needed for support
N.Y. Debt. & Cred. Law § 282 (1) - Motor vehicle to $4,825. $11,975 if vehicle equipped for a disabled person (husband & wife may double)
N.Y. Debt. & Cred. Law § 282 (3)(iii) - Personal injury recoveries up to 1 year after receiving
N.Y. Debt. & Cred. Law § 282 (3)(ii) - Wrongful death recoveries for person you depended on
N.Y. Debt. & Cred. Law § 282 (3)(i) - Crime victims' compensation
N.Y. Debt. & Cred. Law § 282 (2)(a) - Home relief, local public assistance
N.Y. Debt. & Cred. Law § 282 (2)(a) - Social Security
N.Y. Debt. & Cred. Law § 282 (2)(a) - Unemployment compensation
N.Y. Debt. & Cred. Law § 282 (2)(b) - Veterans' benefits
N.Y. Debt. & Cred. Law § 282 (2)(c) - Workers' compensation
N.Y. Debt. & Cred. Law § 282 (2)(d) - Alimony, child support
N.Y. Debt. & Cred. Law § 282 (2)(e) - ERISA-qualified benefits, IRAs, & Keoghs & income needed for support
N.Y. Debt. & Cred. Law § 282 (2)(c) - Aid to blind, aged, disabled
N.Y. Debt. & Cred. Law § 282 (2)(a) - Local public assistance benefits
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. Educ. Law § 524 - Teachers
N.Y. Est. Powers & Trusts Law § 6-2.2 - Recognized, but not exempt
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. Gen. Mun. Law § 206-b - Volunteer firefighters' benefits
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
N.Y. Ins. Law § 3212 (c) - Disability or illness benefits to $400/month
N.Y. Ins. Law § 3212 (b) - Life insurance proceeds and avails if the beneficiary is not the debtor, or if debtor's spouse has taken out policy
N.Y. Ins. Law § 4607 - Public retirement benefits
N.Y. Partnership Law § 51 - Property of business partnership
N.Y. Retire. & Soc. Sec. Law § 10 - State employees
N.Y. Soc. Serv. Law § 137 - Local public assistance benefits
N.Y. Soc. Serv. Law § 137-a - wages exempt from installment payments while on public assistance
N.Y. Unconsol. Law � 5711-o - Village police officers Unconsolidated
N.Y. Vol. Amb. Ben. Law § 23 - Volunteer ambulance workers' benefits
N.Y. Vol. Fire. Ben. Law § 23 - Volunteer firefighters' benefits
N.Y. Workers Comp. Law § 218 - Work. Comp.
N.Y. Workers Comp. Law § 33 - Work. Comp.

50 State Tenancy by Entirety Exemptions

Alaska Stat. § 34.15.140 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Alaska Stat. § 09.38.100 - Tenancy by the entirety is recognized but such interests are not exempt, under the state law and consequently the right of survivorship is not exempt under the Bankruptcy Code pursuant to Code § 522(b)(2)(B).
Morris v. Solesbee, 892 S.W.2nd 281 (Ark. App. 1995) - Not exempt. Tenancy by the entirety is recognized but debtor's interest in TBE property is not exempt.
Morrison v. Potter , 764 A.2d 234 (D.C. 2000) - (Property held as tenancy by the entirety may be exempt against debts owed by only one spouse)
Estate of Wall, 440 F.2d 215 (D.C. Cir. 1971) - (Property held as tenancy by the entirety may be exempt against debts owed by only one spouse)
In re Hovatter, 25 B.R. 123 (D. Del.Bankr. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Kelly, 316 B.R. 629 (D.Del 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Kelly, 289 B.R. 38 (D.Del,Bankr. 2003) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Meyer v. Faust, 83 So.2nd 847 (Fla 1955) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Havoco of America, Ltd. v. Hill, 197 F.3d 1135 (11th Cir Fla. 1999) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Musolino, 391 F.3d 1295 (11th Cir 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Haw. Rev. Stat. § 509-2 - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
Traders Travel Intern., Inc. v. Howser, 753 P.2d 244 (Hawaii 1988) - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
Security Pacific Bank v. Chang, 818 F.Supp. 1343 (D. Haw. 1993) - Property held as tenancy by the entirety (TBE) may be exempt against debts owed by only one spouse. As of 2012, TBE protection is now available to same sex couples registered as "reciprocal beneficiaries" and can be transferred into a trust under � 509-2.
750 Ill. Comp. Stat. 65/22 - Tenancy by entirety property exempt except against joint debts
765 Ill. Comp. Stat. 1005/1c - Tenancy by entirety property exempt except against joint debts
Gillissie v Gillissie, 215 B.R. 370 (Bankr.N.D.Ill 1997) - Tenancy by entirety property exempt except against joint debts
Ind. Code Ann. § 34-55-10-2 (c)(5) - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA � 34-55-10-2(b)(5).
Ind. Code Ann. § 32-17-3-1 - Tenancy by the entirety is recognized in Indiana. ICA 32-4-2-1. Any interest that a debtor has in real estate held as a tenant by the entirety is exempt under state law unless the debtor and spouse file a joint petition for relief. ICA � 34-55-10-2(b)(5).
Ind. Code Ann. § 34-55-10-2 (c)(5) - Property held as tenancy by the entirety may be exempt against debts incurred by only one spouse
Mass. Gen. Laws ch. 209, § 1 - Property coowned by spouses as TBE and used as the principal residence of the nondebtor spouse is exempt unless the claim is based upon necessities provided to either spouse or dependent.
Mass. Gen. Laws ch. 209, § 1 - Property held as tenancy by the entirety may be exempt against debt for non-necessity owed by only one spouse.
In re Birney, 200 F.3d 225 (4th Cir. 1999) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
Md. Code Ann., [Est. & Trusts] § 14.5-511 - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
Md. Code Ann., [Cts. & Jud. Proc.] § 11-504 (b)(8),(9) - Property held as tenancy by the entirety is exempt against debts owed by only one spouse. Includes property transferred in a trust.
In re Guzior, 347 B.R. 237 (Bkrtcy.E.D.Mich. 2006) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Spears, 313 B.R. 212 (W.D.Mich. 2004) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 557.151 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.6023a - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.5451 (1)(n) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 600.5451 (1)(n) - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Mich. Comp. Laws § 557.151 - Bonds, certificates of stock, mortgages, promissory notes, debentures, or other evidences of indebtedness hereafter made payable to persons who are husband and wife held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Raynard, 354 B.R. 834 (6th Cir BAP 2006) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
In re Smith, 246 B.R. 540 (E.D. Mich. 2000) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse.
Scott v. Union Planters Bank N.A., 196 S.W.3d 574 (Mo.App. S.D., 5/15/2006) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Eads, 271 B.R. 371 (Bkrtcy. W.D. Mo. 2002) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Mo. Rev. Stat. § 513.475 (2) - Tenancy by the entirety is recognized in ownership of both real and personal property, and in the case of real property, such interests are exempt. MAS § 513.475(2). Consequently, pursuant to Code § 522(b)(2)(B) interests of the debtor in real property as a tenant by the entirety are exempt in Bankruptcy Code.
Edgar v. Ruma, 823 S.W.2d 59 (Mo. Ct. App. 1991 ) - Bank accounts owned as tenancy by the entirety may be exempt against debts owed by only one spouse
Miss. Code Ann. � - Tenancy by the entirety has been recognized by Mississippi state courts. Consequently, pursuant to Code § 522(b)(2)(B), such interests may also be exempt. Status unkown.
In re Chandler, 148 B.R. 13 (E.D. N.C. 1992) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
King v.Greene, 30 N.J. 395 (N.J. 1959) - survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
Freda v. Commercial Trust Co. of New Jersey, 570 A.2d 409 (N.J. 1990) - survivorship interest of a spouse in property held as tenancy by the entirety is exempt from creditors of a single spouse
N.M. Stat. Ann. § 40-3-10 - New Mexico does not have tenancy by the entirety ownership, but community property rules say that separate debts of spouse must be satisfied from separate property of spouse, and only if separate property is insufficient, may 1/2 of community proeprty be used to satisfy such debts.
N.M. Stat. Ann. § 40-3-11 - New Mexico does not have tenancy by the entirety ownership, but community property rules say that separate debts of spouse must be satisfied from separate property of spouse, and only if separate property is insufficient, may 1/2 of community proeprty be used to satisfy such debts.
N.Y. Est. Powers & Trusts Law § 6-2.2 - Recognized, but not exempt
In re Pernus, 143 B.R. 856 (N.D. Ohio 1992) - Property held as tenancy by the entirety created prior to April 4th 1985 may be exempt against debts owed by only one spouse
In re Cline, 164 B.R. 592 (Bankr.S.D. Ohio 1994) - Property held as tenancy by the entirety created prior to April 4th 1985 may be exempt against debts owed by only one spouse
Or. Rev. Stat. § 108.090 - Tenancy by the Entireties recognized in real estate, but is not exempt.
Stanley v. Mueller, 222 Or. 194 (1960 ) - Tenancy by the Entireties recognized in real estate, but is not exempt.
In re Martin, 259 B.R. 119 (M.D. Pa. 2001) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Ryan, 282 B.R. 742 (D.R.I. 2002) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
Cull v Vadnais, 406 A.2d 1241 (RI ) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
In re Furkes, 65 B.R. 232, 236 (D.R.I 1986) - entireties property is shielded from the reach of creditors until the tenancy is dissolved or the debtor spouse survives the non-debtor spouse, but, creditors not only may attach property that is owned as tenants by the entirety, but also may "sell the contingent future expectancy interest which the attachment entails (if anyone can be persuaded to purchase it)...."" In re Furkes, 65 B.R. 232, 236 (D.R.I.1986); see also In re Bois, 191 B.R. 279, 280 (Bankr.D.R.I.1996).
11 U.S.C. § 522 (b)(3) - Tenancy by entirety is exempt only if debtor chooses State & Non-bankruptcy exemptions.
Vt. Stat. Ann. tit. 15, § 67 - NORTON Vermont recognizes tenancy by the entirety. Such interest, however, may be subject to certain debts and thus the exemption of such interests are also limited under the Bankruptcy Code pursuant to Code § 522(b)(2)(B). See VSA 15 § 67.
Vt. Stat. Ann. tit. 12, § 2781 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Lowell v. Lowell, 419 A2d 321 (Vt. 1980) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re McQueen, 21 B.R. 736 (D. Ver. 1982) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Vt. Stat. Ann. tit. 15, § 67 - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
Rose v. Morell, 259 A2d 8 (Vt. 1969) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Anselmi, 52 B.R. 479 (D.Wy. 1985) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse
In re Wenande, 107 B.R. 770 (Bankr. D. Wyo 1989) - Property held as tenancy by the entirety may be exempt against debts owed by only one spouse

← New York Tenancy by Entirety Exemptions

Citation: Stat. - N.Y. Est. Powers & Trusts Law § 6-2.2

Other New York Exemption Citations

50 State Tenancy by Entirety Exemptions