Bankruptcy Exemption Citations
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← New York Personal Property Exemptions

Exemption: Up to $3,000 of electronic deposits of exempt payments into bank account within last 45 days

Citation: Stat. - N.Y. CPLR § 5205 (1)(l)

N.Y. CPLR § 5205 (1)(l):
� 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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