New York Bankruptcy Exemptions

New York Exemption Notes

The federal exemptions are available in New York, as are the state exemptions.

The main set of exemptions are found in the Debtor & Creditor Code § 282 and in the Civil Practice Law & Rules (C.P.L.R) §§ 5205, 5206.

How much home equity New York homeowners can protect depends on what county you live in, from $89,975, $149,975, or $179,950, depending on the county.

Other Listings of New York Exemptions

Both Nolo, and UpSolve offer a discussion of New York exemptions.

OPT OUT STATUS:

Can I use the §522(d) Federal Bankruptcy Exemptions in New York?

Yes. N.Y. Debt. & Cred. Law § 285

KEY EXEMPTIONS:

Homestead

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)

Motor Vehicle

Motor vehicle to $4,825. $11,975 if vehicle equipped for a disabled person (husband & wife may double)

Wildcard

$1,175 if no homestead claimed

Personal Property

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 § 282)

See Also:
Insurance, Pensions, Public Benefits, Tools of Trade, Wages & Miscellaneous
ADVERTISEMENT -
ADVERTISEMENT -