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Property & exemptions

New York bankruptcy exemptions

Selected key New York exemptions — the homestead, vehicle, wildcard categories below are quoted from the statute that states them. This is not a complete list of everything New York protects.

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 New York has not withdrawn the federal set, so a filer may generally choose either the New York exemptions or those in 11 U.S.C. § 522(d) — one list or the other, not the better half of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.

N.Y. Debt. & Cred. Law §§ 284–285

This page is still being completed

No completeness decision has been recorded for New York. We show what has been verified rather than filling the gap with something we have not checked — but treat what follows as partial.

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.

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.

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.

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.

Turn this into a plan for your exact situation, state, and court.

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