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Submitted by admin on Tue, 05/27/2014 - 03:23
Home » Debt Relief » Bankruptcy » New York

New york bankruptcy laws - Exemptions and courts

Key Points

New York allows a debtor filing for bankruptcy to choose between federal and state exemptions.

If the state bankruptcy exemptions are chosen, the debtor is allowed to use the federal non-bankruptcy exemptions to save federal and military retirement accounts, veteran’s benefits etc.

Couples filing joint bankruptcy are allowed to double the exemption limits in the state.

Before going into New York bankruptcy exemptions in details, let us have a look at the steps you need to take during the bankruptcy process:

  • Go through credit counseling
  • Pass the means test
  • Gather paperwork
  • File bankruptcy

New York Bankruptcy Exemptions

Homestead

Homestead exemptions are allowed on the basis of the area or county where the residential house, condominium, co-op or mobile homes are located. The allowed exemptions can be up to:

  • $150,000 in Counties of Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam
  • $125,000 in Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster counties
  • $75,000 in all other remaining counties in the state

Automobile

Up to $4,000 for one motor vehicle, which can expand to $10,000 if it’s equipped for use by a disabled person.

Wages

90% of income received within 60 days before and anytime after the bankruptcy filing.

100% pay of a noncommissioned officer, private, or musician in the U.S. (federal) or N.Y. (state) armed forces.

Jewelry and Art

Wedding rings are exempt assets. Watch, jewelry and arts are exempted up to a maximum of $1,000.

Tools of Trade

Tools and implements used for working and necessary for business are exempted up to $3,000.

Wildcard

$1,000 on any property or cash, if the debtor doesn’t use the allowed homestead exemption.

Personal Property

Most of the personal property exemptions allowed under NY CPLR §5205 may not exceed $10,000 in total

  • $600 for deposits with savings and loan associations
  • Stoves and home heating equipment with fuel to last 120 days
  • $500 for religious texts, schoolbooks, other books
  • Domestic animals and their foods to last for 120 days, up to a maximum value of $1,000

Total or Absolute Exemptions

  1. Cash surrender value and accelerated death benefits of life insurance
  2. Court-ordered alimony, maintenance or child support
  3. Burial plot
  4. Necessary medical and dental accessories
  5. Social security benefits
  6. Unemployment compensation
  7. Public assistance benefits
  8. Workers’ compensation benefits
  9. Veteran’s benefits
  10. Disability benefits
  11. Illness benefits

Additional legal resources

New York Bankruptcy Courts Northern District

Albany (Main office)

Street Address

US Bankruptcy Court

James T. Foley Courthouse

445 Broadway, Suite 330

Albany, NY 12207

Contact Number:

518-257-1661

Working Hours:
Monday-Friday

9:00 a.m. to 4:00 p.m. (excluding Federal Holidays)

Utica

Street Address

US Bankruptcy Court

Alexander Pirnie Federal Building

10 Broad Street, Room 230

Utica, NY 13501

Contact Number:

315-793-8101

Working Hours:
Monday-Friday

9:00 a.m. to 4:00 p.m. (excluding Federal Holidays)

Syracuse

Street Address

US Bankruptcy Court

James M. Hanley Federal Building

100 South Clinton Street, Suite 315

Syracuse, NY 13261-6100

Contact Number:

315-295-1600

Working Hours:
Monday-Friday

9:00 a.m. to 4:00 p.m. (excluding Federal Holidays)

Northern District of New York Bankruptcy Cases - Get detailed information here

Northern District of New York Bankruptcies (filing statistics) - Detailed report

New York Bankruptcy Courts Eastern District

Brooklyn (Main office)

Street Address

Conrad B. Duberstein United States Bankruptcy Courthouse

271-C Cadman Plaza East, Suite 1595

Brooklyn, NY 11201-1800

Contact Number:

347-394-1700

Working Hours:
Monday-Friday

9:00 a.m. To 4:30 p.m. (excluding Federal Holidays)

Central Islip

Street Address

Alfonse M. D'Amato United States Courthouse

290 Federal Plaza

Central Islip, NY 11722

Contact Number:

631-712-6200

Working Hours:
Monday-Friday

9:00 a.m. to 4:30 p.m. (excluding Federal Holidays)

Eastern District of New York Bankruptcy Cases - Get an overview

Eastern District of New York Bankruptcies - Detailed report

New York Bankruptcy Courts Southern District

Manhattan (Main office)

Street Address

Alexander Hamilton Custom House

One Bowling Green, Room 615-3

New York, NY 10004-1408

Contact Number:

212-668-2870

Working Hours:
Monday-Friday

8:30 a.m. to 5:00 p.m. (excluding Federal Holidays)

Poughkeepsie

Street Address

United States Courthouse

355 Main Street, 1st Floor

Poughkeepsie, NY 12601

Contact Number:

845-452-4200

Working Hours:
Monday-Friday

8:30 a.m. to 5:00 p.m. (except Federal Holidays)

White Plains

Street Address

Charles L. Brieant, Jr. United States Courthouse

300 Quarropas Street, 2nd Floor, Room 248

White Plains, NY 10601-4150

Contact Number:

914-390-4060

Working Hours:
Monday-Friday

8:30 a.m. to 5:00 p.m. (excluding Federal Holidays)

Southern District of New York Bankruptcy Cases - List of recent cases

Southern District of New York Bankruptcies - Detailed report

New York Bankruptcy Courts Western District

Buffalo (Main office)

Street Address

Olympic Towers

300 Pearl Street, Suite 250

Buffalo, NY 14202

Contact Number:

716-362-3200

Rochester

Street Address

U.S. Courthouse

Kenneth B. Keating Federal Building

100 State Street

Rochester. NY 14614

Contact Number:

585-613-4200

Batavia

Street Address

Genesee County Courthouse

7 Main Street

3rd Floor Courtroom

Batavia, NY 14020

Niagara Falls

Street Address

Niagara Falls Municipal Complex

1925 Main Street

2nd Floor Hearing Room

Niagara Falls, NY 14305

Olean

Street Address

Cattaraugus County Courthouse

1 Leo Moss Drive

Olean, NY 14760

Mayville

Street Address

Gerace Office Building

Legislative Chambers

3rd Floor Courtroom

North Erie Street

Mayville, NY 14757

Watkins Glen

Street Address

Schuyler County Courthouse

105 9th Street

Watkins Glen, NY 14891

Western District of New York Bankruptcy Cases - List of cases

Last Updated on: Tue, 23 Aug 2016