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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:
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  • Homestead

  • Homestead [US] Real property, including co-op or mobile home, or burial plot to $27,900; unused portion of homestead to $13,950 may be applied to any property
  • Tenancy by Entirety

  • Tenancy by Entirety [US] Tenancy by entirety is exempt only if debtor chooses State & Non-bankruptcy exemptions.
  • Insurance — Life, Disability

  • Insurance — Life, Disability [US] Disability, illness, or unemployment benefits
  • Insurance — Life, Disability [US] Life insurance payments from policy for person you depended on, needed for support
  • Insurance — Life, Disability [US] Life insurance policy loan value, in accured dividends or interest, to $14,875
  • Insurance — Life, Disability [US] Unamtured life insurance contract, except credit insurance policy
  • Pensions & Retirement Savings

  • Pensions & Retirement Savings [US] 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.
  • Personal Property

  • Personal Property [US] Animals, crops, clothing, appliances, books, furnishings, household goods, musical instruments to $700 per item, $14,875 total
  • Personal Property [US] Health aids
  • Personal Property [US] Jewelry to $1,875
  • Personal Property [US] Lost earnings payments
  • Personal Property [US] Motor vehicle to $4,450
  • Personal Property [US] Personal injury recoveries to $27,900 (not to include pain & suffering or pecuniary loss)
  • Personal Property [US] Wrongful death recoveries for person you depended on
  • Public Benefits

  • Public Benefits [US] Crime victims' compensation
  • Public Benefits [US] Social Security
  • Public Benefits [US] Unemployment compensation
  • Public Benefits [US] Veteran's benefits
  • Tools of Trade

  • Tools of Trade [US] Implements, books, & tools of trade to $2,800
  • Wages

  • Wages [US] None
  • Wild Card

  • Wild Card [US] $1,475 of any property
  • Wild Card [US] Up to $13,950 of unused homestead exemption amount, for any property.
  • Miscellaneous

  • Miscellaneous [US] Alimony, child support needed for support
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