New York Bankruptcy Exemptions

Property owned & occupied as principal residence (includes land + dwelling, shares in cooperative condominium units, and mobile homes), (homestead exemption)

$150,000 for property in counties of Kings, Nassau, Suffolk, Queens, Bronx, Richmond, Rockland, Westchester, and Putnam; $125,000 for property in counties of Albany, Dutchess, Columbia, Orange, Saratoga, and Ulster $75,000 for all other counties

CPLR § 5206(a)

One motor vehicle (See CPLR § 5205(a)(8) for limits on exemption for support & alimony)

$4000 ($10,000 if equipped for disabled debtor)

Debtor ft Creditor Law § 282

Cash, U.S. savings bonds, and tax refunds of debtor not using homestead exemption under CPLR § 5206

$5,000 or $10,000 less amounts exempted under CPLR § 5205(a) and for certain annuities WHICHEVER IS LESS

Debtor & Creditor Law § 283

Wages

varies

CPLR § 5241(b)

Disability insurance benefits

100% of lump sum payments $400 per month of periodic payments

Insurance Law § 3212

Proceeds & avails of life insurance policies not payable to insured, including right to accelerated benefits

100%

Insurance Law § 3212 CPLR § 5205(i)

Cash surrender value and accelerated death benefits of life insurance policies

100%

CPLR § 5205(i)

Unemployment insurance

100%

Lab. law § 595

Claim for loss or destruction of exempt property & proceeds of claim for one year

Amount of exemption for lost or destroyed property

CPLR § 5205(b)

Volunteer firefighters' insurance benefits

100%

Gen. Mun. § 206-b and Vol. Fire. Ben. FBL §23

Compensation for loss of future earnings of debtor or person of whom debtor is or was a dependent

Amount reasonably necessary to support debtor & dependents

Debtor & Creditor Law § 282

Payments on account of bodily injury of debtor or person of whom debtor was a dependent

$7500 (does not include damages for pain & suffering or actual pecuniary loss)

Debtor & Creditor Law § 282

Annuity contract benefits

Amount reasonably required by debtor & dependents (See Note 1 below)

Insurance Law § 3212

Domestic animals + 120 days' feed

$1,000

CPLR § 5205(a)(4)

Religious text, family pictures & portraits & books in family library

$500 (See Note 1 below)

CPLR § 5205(a)(2)

All stoves & home heating equipment & 120 days’ fuel; 1 sewing machine & appurtenances, seat in place of worship; 120 days’ food; 1 refrigerator; 1 radio; 1 television set; 1 TV ; 1 cellphone, 1 computer & associated equipment; prescribed health aids all wearing apparel, household furniture, crockery, tableware, and cooking utensils of debtor & family, 1 wedding ring

100% (See Note 1 below)

* CPLR § 5205(a)(1) et seq.

Payments on account of wrongful death of person of whom debtor was a dependent

Amount reasonably necessary to support debtor & dependents

Debtor & Creditor Law § 282

Burial grounds

100% (cannot exceed 1/4 acre)

CPLR § 5206(f)

One watch, jewelry, and art

$1,000

CPLR § 5205(a)(6)

Pensions-public retirement systems

100%

Ins. Law § 4607

Teachers’ retirement plan

100%

Edu. Law § 524

Payments under stock-bonus, pension, profit-sharing or similar plan, or IRA, unless payments are for age or length of service and plan was created by insider and does not qualify under 26 USC §§ 401(a), 403(a), or (b), 408, 408A, 409, or 457.

Amount reasonably necessary to support debtor & dependents

Debtor & Creditor Law § 282

Military pay of enlisted men; military rewards, pensions, medals, arms & equipment of state or federal armed forces

100% (support claims excepted)

CPLR § 5205(e)

Property held under a trust created or deemed to be created by another for benefit of debtor, including assets of tax-qualified IRAs, Keogh Plans and corporate retirement plans

100%

CPLR § 5205(c) & (d) Debtor & Creditor Law § 282(2)(e)

Pensions-village police

100%

Uncosol. Law § 5711-o

Pensions-NY State Employees

100%

Ret. & SS Law § 110

Necessary tools of trade & professional instruments, furniture & library

$3,000 (See Note 1 below)

CPLR § 5205(a)(7)

Veterans' benefits

100%

Debtor & Creditor Law § 282(2)(b)

Workers' compensation benefits

100% (support claims excepted)

Workers' Compensation Law §§ 33 & 218

Crime victim’s reparation awards

100%

Debtor & Creditor Law § 282

Social Security benefits, unemployment compensation, public assistance benefits, veterans benefits, and disability, illness or unemployment benefits

100%

Debtor & Creditor Law § 282

Exhibits at international exhibition

100%

PPL §250

90% of income from trust exempt under CPLR § 5205(c), 90% of last 60-days' earnings, and 100% of matrimonial payments for support of wife or child

Amount reasonably required by debtor & dependents

CPLR § 5205(d)

Shares held by member of savings and loan association and dues and dividends created thereon

$600

Banking Law § 407

Partner’s right in partnership property

100%

Partnership law § 51(c)

Alimony, support or separate maintenance

Amount reasonably necessary to support debtor & dependents

Debtor & Creditor Law § 282 CPLR § 5205(d)(3)

Funds of convicted person

various amounts (see statute)

CPLR § 5205(k)

Necessary medical & dental accessions to human body, equipment used to provide mobility for disabled person, and guide, service, or hearing dog or similar animals and food therefor

Amount reasonably required by debtor & dependents

CPLR § 5205(h)

Residential rental, utility, telephone & telegraph money security deposits of debtor & family

100%

CPLR § 5205(g)

Statutorily exempt payments made electronically or by direct deposit

$2,500

CPLR §5205(l)

Milk sales proceeds of farmer

90%

CPLR § 5205(f)

Monies in NYS college choice tuition savings program trust fund

100 % of Scholarship funds 100% if debtor is owner & beneficiary $10,000 if debtor is owner only

CPLR § 5205(j)