Property & exemptions
New York bankruptcy exemptions
Verified New York exemptions — 13 categories below, each quoted from the statute that states it. A category not listed is one we have not published for New York, not a finding that New York law is silent on it.
Which exemption list applies in New York
New York law or the federal list. New York has not withdrawn the federal set, so a filer may generally choose either the New York exemptions or those in 11 U.S.C. § 522(d) — one list or the other, not the better half of each.
Which state’s exemption law applies to you is set by 11 U.S.C. § 522(b)(3)(A) from where you were domiciled during the periods it measures before filing — not simply where you live now. If a recent move means you are living in one state and governed by another’s list, this page may not be the one that applies to you. Where that rule would leave a filer with no exemptions at all, § 522(b)(3) permits the federal list.
Homestead — your home
New York publishes more than one current amount here. Which applies depends on your circumstances — compare the conditions below rather than assuming the largest.
- New York homestead — remaining counties$102,400
Current adjusted homestead amount for counties outside the two higher-value statutory regions.
- New York homestead — middle region$170,700
Current adjusted homestead amount for Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster Counties.
- New York homestead — downstate region$204,825
Current adjusted homestead amount for Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam Counties.
Motor vehicle
New York publishes more than one current amount here. Which applies depends on your circumstances — compare the conditions below rather than assuming the largest.
- New York ordinary motor vehicle$5,500
Current adjusted amount for one ordinary motor vehicle.
N.Y. C.P.L.R. § 5205(a)(8); N.Y. Debt. & Cred. Law § 282(1); N.Y. C.P.L.R. § 5253
- New York disability-equipped motor vehicle$13,625
Current adjusted enhanced amount for one qualifying disability-equipped motor vehicle.
N.Y. C.P.L.R. § 5205(a)(8), (j)(3); N.Y. Debt. & Cred. Law § 282(1); N.Y. C.P.L.R. § 5253
Wildcard and general personal property
New York publishes more than one current amount here. Which applies depends on your circumstances — compare the conditions below rather than assuming the largest.
- New York no-homestead personal property or cash$1,325
Current adjusted amount for additional personal property or cash when no homestead exemption is claimed.
- New York bankruptcy cash cap$6,825
Current adjusted cash ceiling within the bankruptcy no-homestead personal-property alternative.
Household goods and furnishings
New York publishes more than one current amount here. Which applies depends on your circumstances — compare the conditions below rather than assuming the largest.
- New York other books$675
Current adjusted amount for the other-books exemption; the 2024 amount does not apply to cases commenced before April 1, 2024.
- New York domestic animals and food$1,325
Current aggregate adjusted amount for qualifying domestic animals and food for them.
- New York bankruptcy personal-property aggregate$13,625
Current adjusted aggregate ceiling referenced by the bankruptcy personal-property provisions; component exemptions retain their own statutory rules.
N.Y. Debt. & Cred. Law §§ 283(1), (2)(b); N.Y. C.P.L.R. § 5253
Wages and earnings
- New York qualifying public-assistance recipient earningsNo single dollar figure — see the rule
The creditor's claim otherwise remains unaffected; the protection suspends specified process while the statutory assistance need continues.
Retirement accounts and pensions
New York publishes more than one current amount here. Which applies depends on your circumstances — compare the conditions below rather than assuming the largest.
- New York qualifying retirement-plan paymentsNo single dollar figure — see the rule
The exemption is subject to the detailed insider-establishment and federal tax-qualification exceptions in § 282(2)(f).
- New York public-retirement rights and fundsNo dollar limit stated
Subject to exceptions specifically provided in the Retirement and Social Security Law.
Life insurance and annuities
New York publishes more than one current amount here. Which applies depends on your circumstances — compare the conditions below rather than assuming the largest.
- Federal unmatured life-insurance-contract exemptionNo dollar limit stated
The contract itself has no stated dollar cap when owned by the debtor, except for a credit life insurance contract.
- Federal unmatured life-insurance loan-value exemption$16,850
The $16,850 cap is reduced by estate property transferred as specified in 11 U.S.C. § 542(d); the reduction is preserved in structured form.
11 U.S.C. § 522(d)(8); 90 Fed. Reg. 8941, corrected at 90 Fed. Reg. 10643
Public benefits
New York publishes more than one current amount here. Which applies depends on your circumstances — compare the conditions below rather than assuming the largest.
- New York social-security, unemployment, and local-assistance benefit rightsNo dollar limit stated
Applies to the debtor's right to receive or interest in the listed benefits.
- New York veterans' benefit rightNo dollar limit stated
Applies to the debtor's right to receive or interest in a veterans' benefit.
- New York disability, illness, or unemployment benefit rightNo dollar limit stated
Applies to the debtor's right to receive or interest in the listed benefit.
- New York workers' compensationNo dollar limit stated
The exemption may not be waived and is subject to the stated support-enforcement application.
- New York statutory disability benefitsNo dollar limit stated
Subject to the statute's support-enforcement exception.
- New York volunteer-firefighter compensationNo dollar limit stated
The exemption may not be waived.
- New York unemployment benefitsNo dollar limit stated
The exemption may not be waived.
- New York direct-deposit bank-account minimum$3,425
Current adjusted statutory minimum for an account receiving qualifying electronic exempt payments.
Tools of the trade
- New York tools of trade$4,075
Current aggregate adjusted amount for qualifying tools of trade.
Personal-injury recoveries
- New York bodily-injury recovery$10,250
Current adjusted amount for bodily-injury payment subject to the statutory exclusions.
Health aids
- New York prescribed health aidsNo dollar limit stated
No dollar cap is stated for prescribed health aids in the captured clause.
Jewelry
- New York watch, jewelry, and art$1,325
Current aggregate adjusted amount for one watch and qualifying jewelry and art; the separate wedding-ring protection is not represented by this cap.
Other published exemptions
New York publishes more than one current amount here. Which applies depends on your circumstances — compare the conditions below rather than assuming the largest.
- New York alimony, support, or separate-maintenance rightNo single dollar figure — see the rule
The exemption extends only to the reasonably necessary support amount.
- New York rent-stabilized lease interestNo dollar limit stated
The statute includes the debtor's interest in the rent-stabilized lease.
- New York crime-victim reparation awardNo dollar limit stated
Covers the right to receive and property traceable to the qualifying award.
What these amounts do and do not mean
- An exemption protects your EQUITY — what the property is worth beyond what you still owe on it — not the item’s sticker price.
- More than one amount can apply in the same category. Where that is true the entries below are listed separately with the condition that selects each one; we do not pick for you.
- Federal limits can still apply on top of state law. 11 U.S.C. § 522(p) and (q) can cap a homestead claim for someone who moved recently or in specific circumstances.
- Which set of exemptions you may use depends on where you were domiciled during the period 11 U.S.C. § 522(b)(3)(A) measures, which is not always the state you live in today.
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