What are bankruptcy exemptions in New York?
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:
Married couples filing jointly may double if both names on title.
3. Personal Property Exemptions — CPLR § 5205
4. Federal Exemption Alternative — 11 U.S.C. § 522(d)
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.
- 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
- 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.