NYS Non-Bankruptcy Exception NYS Bankruptcy Federal Bankruptcy Exceptions to Exemption

- Exempt both from the satisfaction of
money judgments and when filing for B
under NY menu.
- Unless otherwise specified, non-B
exemptions also exempt from DS claims
5205(a)(1): Stoves, fuel, sewing machine
Exemptions (Menu allows for
maximum aggregate limit of
$11,375 for 5205(a)
exemptions)
 D&C 282
Exemptions - Unless otherwise specified, within bankruptcy, none of
these exemptions are exempt from the satisfaction of
domestic support claims under 523(a)(5)

5205(a)(2): Religious texts, family pictures,  D&C 282 §522(d)(3): $13,400 in

school books; other books not exceeding $575 aggregate value for HH items,
in value not exceeding $625 for any
particular item
5205(a)(3): A seat in church pew  D&C 282 N/A NO.
5205(a)(4): Domestic animals with necessary  D&C 282 §522(d)(3): $13,400 in
food for 120 days, no more than $1,150 aggregate value for HH items,
not exceeding $625 for any
particular item
5205(a)(5): Clothing, furniture, clothing,  D&C 282 §522(d)(3): $13,400 in
cellphone, computer, instruments, necessary aggregate value for HH items,
for D and family not exceeding $625 for any
particular item
5205(a)(6): Wedding ring (not engagement  D&C 282 §522(d)(4): $1,700 jewelry
ring, unless used at ceremony), of any exemption
amount
5205(a)(6): Watch not exceeding $1,150  D&C 282 §522(d)(4): $1,700 jewelry
exemption
5205(a)(7) Tools of trade up to $3,400  D&C 282 §522(d)(4): Tools of the trade
up to $2,525
5205(a)(8): Car exemption  D&C 282(1) §522(d)(2): $4,000 car 5205(a)(8): Car exemption is subject to the satisfaction of
exemption DS/CS claims outside of bankruptcy
- not exceeding $4,550 above liens and If filing for B under NY state
encumbrances of D menus, choose 282(1), so car
is not included in maximum
- if equipped for disabled person, $11,375
aggregate limit
Spillover Exemption
5205(a)(9): If no homestead claimed, then
$1,150 in personal property, cash.
5205(c)(1), (2): ERISA Account, IRA account
5205(d)(1): 90% of distributed income from
spendthrift trust
5205(d)(2): 90% of the debtor’s income
earned for personal services rendered within
60 days prior to and after an income
execution is delivered
5206(a): Homestead (owned and occupied as
principal residence). $170,825 exempted in
Kings, Queens, NY, Bronx, et al. See statute
for full exemptions amounts
Wildcard Exemption
D’s aggregate interest in any
property up to $1,325 plus up
to $12,575 of any unused
portion of the 522(d)(1)
homestead exemption
§522(d)(5)
ERISA not POE, don’t have to ERISA not POE, don’t have to
exempt exempt
 D&C 282
 D&C 282 §522(d)(1) $25,150 exempted
- ERISA accounts, while not POE, are nevertheless
subject to satisfaction of DS/CS claims in bankruptcy
under 362(b)(2) exemption to automatic stay
- Outside B, subject to DS/CS claims under 5205(c)(4)
- Fraud alert: 5205(c)(5)—funds deposited within 90
days before assertion of claim on which judgment is
entered against D are not subject to exemption and
may be considered a fraudulent transfer.
Can receive up to 10% of income unless court determines
more.
Can reach the other 10%.
Note that in Ch 11 and 13 cases, post-petition earnings are
property of the estate.