New York Bankruptcy
Exemption Calculator

New York has opted out of the federal bankruptcy exemptions, meaning debtors filing in New York must use the state's own exemption schedule. Bankruptcy exemptions determine which assets you can keep when filing Chapter 7 bankruptcy or how much equity is protected in Chapter 13.

The specific dollar limits in New York directly determine whether a Chapter 7 trustee can liquidate your home, car, or savings — and how much unsecured creditors must receive in a Chapter 13 plan.

Exemptions protect specific categories of property up to defined dollar limits: your home (homestead), vehicles, personal belongings, wages, retirement accounts, and tools needed for your occupation. If the equity in an asset exceeds the applicable exemption, a Chapter 7 trustee may sell the asset, pay you the exempt amount, and distribute the remainder to creditors.

In Chapter 13, exemptions determine the minimum amount your repayment plan must pay unsecured creditors.

New York's exemption amounts can differ substantially from neighboring states and from the federal baseline. The exemption amounts in New York fall in the mid-range nationally, offering moderate protection for homeowners and personal property.

These amounts are periodically adjusted, so confirming the current figures with a bankruptcy attorney before filing is essential.

• New York exemption statutes are found at CPLR §§ 5205–5206 and Debtor & Creditor Law § 282. New York has opted out of federal exemptions. Non-obvious New York exemptions include: annuity benefits paid to a surviving spouse or dependent (exempt up to $5,000 if purchased more than 6 months before filing)
• life insurance proceeds paid to a beneficiary (exempt up to $5,000)
• a burial plot (exempt)
• professionally prescribed health aids
• and one firearm up to $1,000. New York's homestead varies dramatically by county — downstate (NYC metro) debtors receive $399,975 of protection while upstate debtors receive $179,975. New York's 90% wage exemption (100% if on public assistance) is among the strongest nationally. New York courts generally do not recognize tenancy by the entirety in bankruptcy — a significant distinction from many other states.

The homestead exemption in New York protects $179,975–$399,975 (varies by county) of equity in your primary residence from creditors in bankruptcy. Amount depends on county: Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, Putnam counties: $399,975.

Other counties range from $179,975 to $339,975.

If your home equity exceeds the New York homestead exemption, a Chapter 7 trustee could sell your home, pay you the exempt amount, and distribute the surplus to creditors. In this situation, Chapter 13 may be a better option — it allows you to keep your home while repaying creditors over 3–5 years, as long as your plan pays unsecured creditors at least what they would have received in Chapter 7.

Under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), debtors who acquired their homestead within 1,215 days (about 3.3 years) before filing are limited to a $201,050 homestead exemption regardless of state law. This federal cap prevents debtors from moving to states with generous homestead exemptions shortly before filing.

Additionally, if a debtor has been convicted of securities violations or certain felonies, the homestead exemption may be further limited.

New York allows a motor vehicle exemption of $4,825. This protects equity in your vehicle — not the vehicle's full value.

If you owe $15,000 on a car worth $20,000, your equity is $5,000. If your vehicle equity is within the exemption amount, you keep the car.

If it exceeds the exemption, the trustee may sell the vehicle, pay off the loan, pay you the exempt amount, and distribute the rest to creditors.

• For personal property, New York provides the following protections: $13,500 household furnishings
• $1,000 jewelry
• $1,000 clothing. These exemptions cover essential household items such as furniture, appliances, clothing, and similar necessities. In practice, Chapter 7 trustees rarely seize ordinary household goods because the cost of seizure and sale typically exceeds the resale value. However, high-value items like art collections, antiques, or designer goods may attract trustee attention.

Tools of the trade — equipment, instruments, and supplies needed for your occupation — are protected up to $3,000 in New York. This exemption is critical for self-employed individuals, tradespeople, and professionals whose livelihood depends on specialized equipment.

The exemption typically covers hand tools, machinery, professional libraries, office equipment, and similar items directly used in your work.

The wildcard exemption in New York allows you to protect $1,325 (plus $8,625 unused homestead in any property) of equity in any property of your choosing. This is one of the most flexible tools in bankruptcy planning because it can be applied to any asset — cash, tax reimbursements, bank accounts, a second vehicle, equity above the homestead limit, or any other property that doesn't fit neatly into another exemption category.

The ability to stack unused homestead exemption onto the wildcard is particularly valuable for renters. If you don't own a home, you can redirect that unused homestead protection to cover other assets like vehicles, bank accounts, or tax reimbursements.

Married couples filing jointly may be able to double exemption amounts (called "stacking") depending on New York law. In some states, each spouse can claim the full exemption amount, effectively doubling protection.

In others, the exemption amounts are per-household rather than per-person. A bankruptcy attorney can advise whether doubling is available for your specific situation in New York.

Retirement accounts receive strong protection in New York bankruptcy cases. ERISA-qualified plans — including 401(k), 403(b), profit-sharing plans, and defined benefit pensions — are fully exempt from creditor claims under both federal and state law with no dollar cap.

This is one of the most powerful protections available to bankruptcy filers.

Traditional and Roth IRAs are exempt up to $1,711,975 (as of 2024, adjusted every 3 years) under 11 U.S.C. §522(n).

This federal cap applies regardless of state exemption choices. SEP-IRAs and SIMPLE IRAs that receive only employer contributions are treated like ERISA plans and receive unlimited protection.

Inherited IRAs, however, are NOT protected in bankruptcy following the Supreme Court's decision in Clark v. Rameker (2014).

Wage protection in New York: 90% of earnings; 100% if on public assistance or SSI. This exemption protects your paycheck from garnishment by the bankruptcy trustee and general creditors.

The wage exemption typically applies to earned but unpaid wages, meaning money you have already earned but not yet received. Once wages are deposited into a bank account, they may lose their exempt status unless you can trace them.

Public benefits are also protected: Unemployment, workers' comp, Social Security, public assistance, veterans' benefits exempt.

Pre-bankruptcy planning in New York involves legally structuring your assets to maximize the protection offered by available exemptions. Since New York requires use of state exemptions, your planning focuses on ensuring assets are held in exempt forms and that equity in each category stays within the exemption limits.

Common legitimate pre-bankruptcy strategies include: paying down a mortgage to increase protected home equity (where the homestead exemption allows it), contributing to retirement accounts (which are fully protected), converting non-exempt assets to exempt forms (such as using cash to prepay exempt insurance policies), and repairing or maintaining exempt property like your vehicle or home. These conversions must be done in good faith and well in advance of filing.

Courts scrutinize large asset conversions made shortly before bankruptcy as potential fraud.

Timing matters significantly. Federal law imposes a means test for Chapter 7 eligibility, and income is measured over the 6 months before filing.

Strategic timing of your filing date can affect which income months are counted, whether seasonal bonuses push you over the means test threshold, and how tax reimbursements are treated. Consulting with a New York bankruptcy attorney 3–6 months before filing allows time to implement legitimate planning strategies.

Bankruptcy exemptions are one piece of a larger financial picture. The New York Chapter 7 Means Test Calculator determines whether your income qualifies you for Chapter 7 discharge.

If you don't qualify for Chapter 7, the New York Chapter 13 Payment Plan Calculator estimates your monthly repayment plan. And if your home equity is at stake, the New York Homestead Exemption Calculator breaks down exactly how much equity is protected under New York law.