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New York bankruptcy exemptions  NY Bankruptcy Exemptions

Federal Bankruptcy Exemptions Are Available Effective 1/23/11
All Bankruptcy law references are to Consolidated Laws of New York unless noted.

ASSET

EXEMPTION

LAW PROVISION

HOMESTEAD

Real property including co-op, condo or mobile home, to $75,000

$150,000 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam

$125,000 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster;

Husband & wife may double

5206(a)

In re Pearl, 723 F.2d 193 (2nd Cir. 1983)

PERSONAL PROPERTY

Bible; schoolbooks; books to $500; pictures; clothing; church pew or seat; stoves with fuel to last 60 days; sewing machine; domestic animal with food to last 60 days, to $1,000; food to last 60 days; furniture; refrigerator; TV; radio; one computer and associated equipment, one cellphone, wedding rings, watch, jewelry and art to $1000; crockery, cooking utensils and tableware needed, to $5000 total (with farm machinery, etc.)

Burial plot, without structure to ¼ acre

Cash, the lesser of either $2500, or an amount that, with annuity, totals $10,000; in lieu of homestead

Health aids

Lost earnings recoveries needed for support


Motor vehicle to $4,000. If equipped for use by a disabled person $10,000


Personal injury recoveries to $7500 (not to include pain and suffering)

Security deposits to landlord, utility company

Trust fund principal, to 90% of income

Wrongful death recoveries for person you depended on, needed for support

 

5205(1)-(6), Debtor & Creditor 283(1)





5206(f)


Debtor & Creditor 283(2)


5205(h)

Debtor & Creditor 282(3)(iv)

Debtor & Creditor 282(1)

Debtor & Creditor 282(3)(iii)

5205(g)

5205(c), (d)

Debtor & Creditor 282(3)(ii)

INSURANCE

Annuity contract benefits due or prospectively due the debtor, who paid for the contract; if purchased within 6 months prior & not tax-deferred, only $5000

Disability or illness benefits to $400 per month

Life insurance proceeds left at death with the insurance company pursuant to agreement, if clause prohibits proceeds from being used to pay beneficiarys creditors

Life insurance proceeds and avails if the person effecting the policy is the spouse of the insured

Insurance 3212(d), Debtor & Creditor 283(1)


Insurance 3212(c)


Estates, Powers & Trusts7-1.5(a)(2)


Insurance 321(b)(2)

MISCELLANEOUS

Alimony, child support needed for support


Property of business partnership

Debtor & Creditor 282(2)(d)

Partnership 51

PENSIONS

ERISA-qualified benefits needed for support, includes IRAs


IRAs needed for support



Keoghs needed for support


Public retirement benefits

State employees



Village police officers

Debtor & Creditor 282(2)(e), 5205(c)

Debtor & Creditor 282(2)(e), 5205(c)

Debtor & Creditor 282(2)(e), 5205(c)

Insurance 4607

Retirement & Social Security 110

Unconsolidated 5711-o

PUBLIC BENEFITS

Aid to blind, aged, disabled, AFDC



Crime victims compensation


Home relief, local public assistance


Social security



Unemployment compensation


Veterans benefits



Workers’ compensation

Debtor &Creditor 282(2)(c)

Debtor & Creditor 282(3)(i)

Debtor & Creditor 282(2)(a)

Debtor & Creditor 282(2)(a)

Debtor & Creditor 282(2)(a)

Debtor & Creditor 282(2)(b)

Debtor & Creditor 282(2)(c)

TOOLS OF TRADE

Farm machinery, team, food for 120 days, professional furniture, books & instruments to $3,000 total

Uniforms, medal, equipments,. Emblem, horse, arms and sword of military member

5205(b)



5205(e)

WAGES

90% of earnings from milk sales to milk dealers

90% of earned but unpaid wages received within 60 days prior (100% for a few militia members)

5205(f)


5205(d), (e)



New York Bankruptcy Courts  New York Bankruptcy Courts
See the list below for Bankruptcy Courts by District. Click on the District link to go directly to that Bankruptcy Court's web site.

BANKRUPTCY COURTS NUMBER OF COPIES
Eastern District
Brooklyn Division
U.S. Courthouse
75 Clinton Street
Brooklyn, NY 11201
Telephone: (718) 330-2188

Hauppauge Division
601 Veterans Memorial Highway
Hauppauge, NY 11788
Telephone: (516) 361-8601

Westbury Division
1635 Privado Road
Westbury, NY 11590
Telephone: (516) 832-8801

contact clerks office
Southern District
U.S. Courthouse
One Bowling Green
New York, NY 10004-1408
Telephone: (212) 668-2870

Poughkeepsie Division
176 Church Street
Poughkeepsie, NY 12601-1000
Telephone: (914) 452-4200

White Plains Division

300 Quarropas Street White Plains, NY 10601
Telephone: (914) 390-4060

contact clerks office
Northern District
Albany Division
445 Broadway, Ste. 327
Albany, NY 12207
Telephone: (518) 431-0188

Utica Division
10 Broad Street
Utica, NY 13501
Telephone: (315) 793-8175

contact clerks office
Western District
Buffalo Division
310 U.S. Courthouse
68 Court Street
Buffalo, NY 14202
Telephone: (716) 551-4130

Rochester Division
212 New Federal Building
100 State Street
Rochester, NY 14614
Telephone: (716) 263-3148

contact clerks office

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