New Bankruptcy Exemptions Make it Easier to File Chapter 7
23 May, 2016
There are new New York Bankruptcy exemptions in place as of January 2011. The new exemptions were signed into law by the outgoing governor and now make it easier and more favorable for you to file for bankruptcy. Here is a breakdown of the new exemption laws:
1. Homestead - $150,000 per debtor in Nassau, Suffolk and Queens.
2. Motor Vehicle - $4,000 per auto per debtor($10,000 if handicapped equipt)
3. Personal Injury - $7,500
4. Annuity - All amounts are exempt if they are reasonably necessary for the support of the debtor and his/her dependants except as limited by sec. 283.
5. Cash - if the debtor does not use the homestead exemption it is $5,000
6. Wedding ring - all
7. Watch - $1000.
8. Tools of the trade - $3,000
9. Wild Card - $1,000 of additional personal property or cash if the debtor does not use the homestead exemption.
These are the new New York exemptions but debtors are now also allowed to choose the federal exemptions instead which have their own benefits. The federal exemptions would be more favorable to a homeowner who does not have to use the homestead exemption to protect the equity in their home and allows the debtor up to approximately $12,000 as a "wild card" to protect any personal property. This means if you elect the federal exemptions you can protect up to $12,000 of cash, tax refund, excess equity in a car, tools, etc.








