New York bankruptcy exemptions

Which exemption list applies to a New York bankruptcy filer?

New York has not opted out of the federal list. Debt. & Cred. Law § 284 says debtors domiciled in New York are not authorized to use the federal § 522(d) property, but § 285 opens with "Notwithstanding any inconsistent provision of law" and permits an individual debtor to elect the federal exemptions instead of the state article (N.Y. Debt. & Cred. Law §§ 284–285). So a New York filer generally has a choice between two complete lists.

You pick one list in full. You cannot take the New York homestead amount and then also claim the federal wildcard, or mix category by category. Federal law also addresses spouses: in a joint case or jointly administered spousal cases, one debtor may not elect the federal list while the other elects state exemptions, and if they cannot agree they are deemed to elect the federal set where that election is permitted (11 U.S.C. § 522).

Which list leaves you better off depends on your equity, your county, and what you own.

• State list: N.Y. C.P.L.R. §§ 5205 and 5206, plus Debt. & Cred. Law §§ 282 and 283 and Ins. Law § 3212.
• Federal list: the § 522(d) categories, with their own amounts.
• No mixing, and spouses filing together must choose the same list.

How does the New York homestead exemption work?

The homestead exemption covers value above liens and encumbrances in property owned and occupied as a principal residence — a lot of land with a dwelling, co-op shares, a condominium unit, or a mobile home (N.Y. C.P.L.R. § 5206). The amount is regional. It is $204,825 for Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam Counties; $170,700 for Dutchess, Albany, Columbia, Orange, Saratoga and Ulster; and $102,400 for the remaining counties (N.Y. C.P.L.R. § 5206(a), (d), (e); N.Y. C.P.L.R. § 5253).

These figures are adjusted every three years on April 1 based on a regional consumer price index, and an adjusted amount does not apply to cases commenced before the adjustment date (N.Y. C.P.L.R. § 5253).

The exemption protects equity, not the sale price. A home worth far more than the cap is not automatically lost — the statute says the homestead is not void because value exceeds the cap, but a judgment lien attaches to the surplus (N.Y. C.P.L.R. § 5206).

What personal property does New York law protect?

C.P.L.R. § 5205(a) lists specific household items rather than one lump allowance: stoves and home heating equipment with fuel, a sewing machine, religious texts and family pictures, a pew, wearing apparel and household furniture, one refrigerator, one radio, one television, one computer and associated equipment, one cellphone, crockery and cooking utensils, and all prescribed health aids. Prescribed health aids carry no stated dollar cap (N.Y. C.P.L.R. § 5205(a)(5)).

Capped categories include other library books at $675, domestic animals with their food at $1,325, a watch plus jewelry and art at $1,325, and tools of trade necessary to your profession at $4,075 (N.Y. C.P.L.R. § 5205(a)(2), (a)(4), (a)(6), (a)(7), each with § 5253). A wedding ring is listed separately from the jewelry cap.

One ordinary motor vehicle is exempt to $5,500 above liens; a vehicle equipped for a disabled debtor goes to $13,625. The vehicle exemption does not apply to certain support and government debts (N.Y. C.P.L.R. § 5205(a)(8)).

• No homestead claimed: $1,325 in additional personal property, a bank account or cash (N.Y. C.P.L.R. § 5205(a)(9); N.Y. C.P.L.R. § 5253).
• In bankruptcy, an aggregate ceiling of $13,625 is referenced for personal property and certain recently purchased annuities, with a cash alternative capped at $6,825 (N.Y. Debt. & Cred. Law §§ 283(1), (2)(b), 283(2)(c); N.Y. C.P.L.R. § 5253).
• A bodily-injury payment is exempt to $10,250, excluding pain and suffering and actual pecuniary loss (N.Y. Debt. & Cred. Law § 282(3)(iii); N.Y. C.P.L.R. § 5253).

Are wages, retirement accounts and insurance protected in New York?

Retirement is the strongest category. Public pension and retirement rights under the Retirement and Social Security Law are not subject to execution, garnishment or attachment, with no stated dollar cap (N.Y. Retire. & Soc. Sec. Law § 110). IRAs, Keogh plans, 401(k)s and § 457 plans are treated as spendthrift trusts for purposes of cases under the Bankruptcy Code, though additions made within ninety days before the claim was interposed are not exempt (N.Y. C.P.L.R. § 5205(c)). Plan payments are exempt subject to detailed insider and tax-qualification exceptions (N.Y. Debt. & Cred. Law § 282(2)(f)). Federal law separately exempts retirement funds in accounts tax-exempt under IRC §§ 401, 403, 408, 408A, 414, 457 or 501(a) (11 U.S.C. § 522).

Wage protection outside bankruptcy comes through the income-execution rules, which set a weekly floor tied to thirty times the minimum hourly wage and a percentage ceiling on disposable earnings (N.Y. C.P.L.R. § 5231). Earnings of a public-assistance recipient are exempt from income execution while that need continues (N.Y. Soc. Serv. Law § 137-a).

Life insurance and annuity proceeds and avails are addressed by N.Y. Ins. Law § 3212; this site does not yet publish verified dollar caps for that category.

• Social security, unemployment, local assistance, veterans', and disability or illness benefit rights: no stated cap (N.Y. Debt. & Cred. Law § 282(2)(a), (b), (c)).
• Workers' compensation and statutory disability benefits: no stated cap, subject to support enforcement (N.Y. Workers' Comp. Law § 33; N.Y. Workers' Comp. Law § 218).
• An account receiving qualifying electronic exempt payments carries a statutory minimum of $3,425 (N.Y. C.P.L.R. § 5205(l); N.Y. C.P.L.R. § 5253).

What changes for married couples filing together in New York?

Two things are settled and one is not. Settled first: spouses must choose the same list. In a joint case under § 302, or in individual cases by spouses whose estates are jointly administered, one debtor may not elect the federal exemptions while the other elects state exemptions; if they cannot agree, they are deemed to elect the federal set where the law of the filing jurisdiction permits it (11 U.S.C. § 522).

Settled second: property held as a tenant by the entirety or joint tenant keeps whatever protection from process it has under non-bankruptcy law (11 U.S.C. § 522). For many married New York homeowners that is a separate question from the homestead amount.

Not settled on this site: whether New York permits spouses filing jointly to each claim — effectively double — the state amounts. We have no verified record either way, so we do not state a doubled figure. Ask a lawyer or legal aid office how your district treats it before relying on one.

• One list for both spouses, with a statutory default if they disagree.
• Entireties and joint-tenancy interests are measured by state process law, not by a dollar cap.
• Doubling: not recorded here. Treat any doubled number you see elsewhere as unverified.

Which federal limits apply on top of New York exemptions?

Three federal rules sit above whichever list you choose. First, domicile: the applicable state exemptions are those of the place your domicile was located for the 730 days before you file. If your domicile was not in a single state across that period, the law looks to the 180 days immediately preceding the 730-day period (11 U.S.C. § 522). A recent move to or from New York can mean another state's list governs.

Second, the exemptions available under § 522(b)(3)(A) are expressly subject to subsections (o) and (p) of § 522 — the Code's limits on certain recently acquired homestead value and related conduct (11 U.S.C. § 522). The specific caps and timing in those subsections are not in the excerpt we publish here, so we do not state a figure for them.

Third, tax-exempt retirement funds are protected by § 522(b)(3)(C) regardless of the state list you use (11 U.S.C. § 522).

What should you ask a bankruptcy lawyer about New York exemptions?

Exemption planning is where a local lawyer or a legal aid attorney earns their keep, because the comparison turns on your specific equity and county. Bring these questions, not conclusions.

Ask which list produces the better result for your facts, and ask them to show you the comparison rather than assert it. Ask how your home's equity is calculated after liens, and which regional homestead figure applies to your county. Ask whether your vehicle falls under the ordinary or the disability-equipped amount and how the support-debt carve-out in § 5205(a)(8) could affect it.

Ask how the 730-day domicile rule applies if you have moved in the last two years, and what § 522(o) and § 522(p) mean for a recently purchased home. Ask whether your district doubles state amounts for spouses filing jointly. Ask how your retirement accounts and any annuity purchased in the last six months are treated (N.Y. Debt. & Cred. Law § 283).

Free legal aid exists in every New York district. Asking costs nothing.

• Which list, and why — with the arithmetic shown.
• My county's homestead figure and my equity after liens.
• Domicile history, recent home purchases, and recent annuity or retirement additions.

Frequently asked questions

Can a New York filer use the federal exemptions?

Yes. Debt. & Cred. Law § 285 permits an individual debtor to elect the federal § 522 exemptions in place of the New York article, notwithstanding the opt-out language in § 284 (N.Y. Debt. & Cred. Law §§ 284–285). The choice is all-or-nothing: you take one complete list, and spouses filing together must take the same one.

Does the homestead exemption depend on where I live in New York?

Yes. The statute sets three regional amounts: $204,825 for ten downstate counties, $170,700 for six middle-region counties, and $102,400 everywhere else (N.Y. C.P.L.R. § 5206(a), (d), (e); N.Y. C.P.L.R. § 5253). The amount applies to value above liens and encumbrances in a principal residence, including co-op shares, condominium units and mobile homes.

Will I lose my car in a New York bankruptcy?

One ordinary motor vehicle is exempt up to $5,500 above liens and encumbrances, and $13,625 if the vehicle has been equipped for use by a disabled debtor (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). The exemption measures your equity, not the car's value, and does not apply to certain support and government judgment debts.

Are my retirement savings safe in a New York filing?

New York treats qualifying IRAs, Keogh plans, 401(k)s and § 457 plans as spendthrift trusts for Bankruptcy Code purposes, and public retirement rights are exempt from execution with no stated cap (N.Y. C.P.L.R. § 5205(c); N.Y. Retire. & Soc. Sec. Law § 110). Federal law separately exempts tax-exempt retirement funds (11 U.S.C. § 522). Recent additions can be treated differently.

What if I moved to New York recently?

Federal law applies the exemptions of the place your domicile was located for the 730 days before filing, and if your domicile was not in one state for that whole period, it looks to the 180 days before that window (11 U.S.C. § 522). A recent move can mean another state's exemption list governs your case even though you now live in New York.

Do spouses filing jointly get double the New York amounts?

We have no verified record of whether New York permits joint filers to each claim the state amounts, so this site does not publish a doubled figure (N.Y. Debt. & Cred. Law §§ 284–285). What federal law does settle is that spouses in a joint or jointly administered case must elect the same list (11 U.S.C. § 522). Ask a local attorney how your district handles doubling.

Sources

• 11 U.S.C. § 522 — Exemptions · official source
• N.Y. C.P.L.R. § 5205 — Personal property exempt from application to the satisfaction of money judgments
• N.Y. C.P.L.R. § 5206 — Real property exempt from application to the satisfaction of money judgments
• N.Y. C.P.L.R. § 5253 — Cost of living adjustment for exempt property
• N.Y. Debt. & Cred. Law § 282 — Permissible exemptions in bankruptcy
• N.Y. Debt. & Cred. Law § 283 — Aggregate individual bankruptcy exemption
• N.Y. Debt. & Cred. Law § 284 — Exclusivity of exemptions
• N.Y. Debt. & Cred. Law § 285 — Alternative federal exemptions
• N.Y. Debt. & Cred. Law §§ 284–285
• N.Y. Ins. Law § 3212 — Exemption of proceeds and avails of certain insurance and annuity contracts
• N.Y. Retire. & Soc. Sec. Law § 110 — Exemption from taxes and legal process
• N.Y. Soc. Serv. Law § 137-a — Exemption of earnings of recipients
• N.Y. Workers' Comp. Law § 33 — Assignments; exemptions
• N.Y. Workers' Comp. Law § 218 — Disability benefit rights inalienable
• N.Y. C.P.L.R. § 5231 — Income execution
• N.Y. C.P.L.R. § 5205(a)(5)
• N.Y. C.P.L.R. § 5206(a), (d), (e); N.Y. C.P.L.R. § 5253
• N.Y. C.P.L.R. § 5205(a)(2); N.Y. C.P.L.R. § 5253
• N.Y. C.P.L.R. § 5205(a)(4); N.Y. C.P.L.R. § 5253
• N.Y. C.P.L.R. § 5205(a)(6); N.Y. C.P.L.R. § 5253
• N.Y. C.P.L.R. § 5205(a)(7); N.Y. C.P.L.R. § 5253
• N.Y. C.P.L.R. § 5205(a)(9); N.Y. C.P.L.R. § 5253
• N.Y. C.P.L.R. § 5205(a)(8); N.Y. Debt. & Cred. Law § 282(1); N.Y. C.P.L.R. § 5253
• 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
• N.Y. C.P.L.R. § 5205(l); N.Y. C.P.L.R. § 5253
• N.Y. Debt. & Cred. Law §§ 283(1), (2)(b); N.Y. C.P.L.R. § 5253
• N.Y. Debt. & Cred. Law § 283(2)(c); N.Y. C.P.L.R. § 5253
• N.Y. Debt. & Cred. Law § 282(2)(a)
• N.Y. Debt. & Cred. Law § 282(2)(b)
• N.Y. Debt. & Cred. Law § 282(2)(c)
• N.Y. Debt. & Cred. Law § 282(2)(f)
• N.Y. Debt. & Cred. Law § 282(3)(iii); N.Y. C.P.L.R. § 5253
• 11 U.S.C. § 522(d)(1); 90 Fed. Reg. 8941, corrected at 90 Fed. Reg. 10643 · official source
• 11 U.S.C. § 522(d)(2); 90 Fed. Reg. 8941, corrected at 90 Fed. Reg. 10643 · official source
• 11 U.S.C. § 522(d)(4); 90 Fed. Reg. 8941, corrected at 90 Fed. Reg. 10643 · official source
• 11 U.S.C. § 522(d)(6); 90 Fed. Reg. 8941, corrected at 90 Fed. Reg. 10643 · official source
• 11 U.S.C. § 522(d)(8); 90 Fed. Reg. 8941, corrected at 90 Fed. Reg. 10643 · official source
• 11 U.S.C. § 522(d)(11)(D); 90 Fed. Reg. 8941, corrected at 90 Fed. Reg. 10643 · official source

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