New York State Bankruptcy Exemptions

The chart below contains a summary of New York state bankruptcy exemptions and other relevant statutory laws.
Click here for complete State of New York bankruptcy exemptions laws.

Note: Federal bankruptcy exemptions are not available.

Personal exemptions allowed by New York Bankruptcy Laws

Note: Under the 2005 bankruptcy law, almost all types of tax-exempt retirement accounts are exempt in bankruptcy whether state or Federal exemptions are used. Exemptions for 401(k)s, 403(b)s, profit-sharing and money purchase plans, and defined benefit plans include the entire account amounts. However, with traditional and Roth IRAs, the exemption is limited to a total value of $1,171,650 per person for all accounts held by the debtor (not per account). The total value amount is adjusted every three years for inflation. The relevant statutes: 11 U.S.C. §522(d)(12) for Federal bankruptcy exemptions; 11 U.S.C. §522(b)(3)(C) for state bankruptcy exemptions.

Note: While this reference information is current as of August 2010, it may not reflect the most up-to-date exemption figures on official state of New York bankruptcy court statutes.

Back to all State Bankruptcy Exemptions
Go to Complete State of New York bankruptcy exemptions laws.

New York Bankruptcy Court links :

• United States Bankruptcy Court – Southern District of New York (NYSB)
  • Bankruptcy Forms
• United States Bankruptcy Court – Northern District of New York (NYNB)
  • Bankruptcy Forms
• United States Bankruptcy Court – Eastern District of New York (NYEB)
  • Bankruptcy Forms
• United States Bankruptcy Court – Western District of New York (NYWB)
  • Bankruptcy Forms