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What are bankruptcy exemptions in New York?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

New York is not an opt-out state and allows the debtor to choose between state and federal exemptions, with significant geographic variation in the homestead.

1. Choice Between State and Federal

Per Debt. & Cred. Law § 285, NY debtors may elect state exemptions OR federal exemptions in 11 U.S.C. § 522(d). The choice depends on individual circumstances.

2. Homestead — CPLR § 5206

County-based, adjusted every 3 years for CPI:

  • $89,975 in most counties (2024).
  • $179,950 in Kings (Brooklyn), Queens, New York (Manhattan), Bronx, Richmond (Staten Island), Nassau, Suffolk, Rockland, Westchester, and Putnam Counties.
  • Married couples filing jointly may double if both names on title.

    3. Personal Property Exemptions — CPLR § 5205

  • Motor vehicle: $5,000 equity (one vehicle); $12,500 if equipped for disabled person or under § 282(2).
  • Cash/wildcard: $1,250 if no homestead claimed (Debt. & Cred. § 283(2)).
  • Tools of trade: $3,825.
  • Household furniture, clothing, appliances: necessary items, generally aggregate $11,975.
  • Jewelry: wedding ring + $1,250.
  • Religious texts, family pictures, school books: $625.
  • Cash: 90% of earnings within 60 days of receipt.
  • 4. Federal Exemption Alternative — 11 U.S.C. § 522(d)

  • Homestead: $27,900 (2022; adjusted in 2025).
  • Wildcard: $1,475 + up to $13,950 unused homestead.
  • Motor vehicle: $4,450.
  • For NYC homeowners with $89K-$179K equity, state exemption is far better. For renters or low-equity homeowners, federal exemptions usually win because of the wildcard.

    5. Wages — CPLR § 5205(d)

    90% of wages received within 60 days exempt; lesser of 25% disposable earnings or amount above 30x federal minimum wage may be garnished going forward.

    6. Retirement Accounts — CPLR § 5205(c); Debt. & Cred. § 282

    Fully exempt: 401(k), 403(b), pensions, IRAs (subject to "reasonably necessary" support test for inherited IRAs — Clark v. Rameker, 573 U.S. 122 (2014)).

    7. Insurance — Insurance Law § 3212

    Life insurance proceeds and cash surrender value generally exempt.

    8. Public Benefits — CPLR § 5205(l), Debt. & Cred. § 282

    Social Security, unemployment, workers' comp, veterans' benefits, public assistance — fully exempt.

    9. Spousal/Child Support — Debt. & Cred. § 282(2)(d)

    Fully exempt if "reasonably necessary."

    10. Domicile Requirement

    730-day rule under 11 U.S.C. § 522(b)(3) applies.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You're choosing between NY state and federal exemptions and need to maximize
    • You live in a county with the higher $179,950 homestead and have substantial equity
    • Your inherited IRA may not be fully exempt under Clark v. Rameker
    Related Statutes & Laws
    • N.Y. CPLR § 5205
    • N.Y. CPLR § 5206
    • N.Y. Debt. & Cred. Law § 282
    • N.Y. Debt. & Cred. Law § 283
    • 11 U.S.C. § 522(d)

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.