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The Law

As set forth in Bankruptcy Basics, an "exemption" is certain property owned by an individual debtor that the Bankruptcy Code or applicable state law permits the debtor to keep from unsecured creditors. For example, the debtor may be able to exempt all or a portion of the equity in the debtor's primary residence (homestead exemption), or some or all "tools of the trade" used by the debtor to make a living (i.e., auto tools for an auto mechanic or dental tools for a dentist). The availability and amount of property the debtor may exempt depends on the state the debtor lives in. In New York, the exemptions that may be applied to protect assets in a bankruptcy case are those provided by New York State law and federal non-bankruptcy law or, as begun in 2011 and opted by the Debtor, the federal exemptions provided in the Bankruptcy Code.

Why do exemptions exist in the law? The short answer is, taxpayers do not want a debtor to become a ward of the state. Think about this: A creditor loans a person four thousand dollars ($4,000.00) and has no security for that loan; it is "unsecured." That person defaults on paying back the $4,000.00. Should that creditor be allowed to get a judgment and collect against the person's vehicle, which while worth around $4,000.00 and could satisfy a good portion of the loan? New York State says "no," and its law provides a $4,550.00 exemption for a vehicle. Federal law says "no," and its law provides an exemption of $3,775.00 for a vehicle. Neither government wants to have that vehicle seized, as the result could be that the person loses his/her job due to lack of transportation and cannot take care of other family needs, and may wind up on public assistance. That would be shifting the risk the creditor took on extending the loan from the creditor to the taxpayers. What if the vehicle is worth more? If the creditor gets a court order that allows him to seize and sell the vehicle, the debtor is guaranteed to receive at least $4,000.00 from the sale. However, if the creditor is secured, that is, the debtor gave a security interest in his/her vehicle in order to get the loan, the creditor can repossess the vehicle and get paid before the debtor will receive any excess funds. With secured debts, especially those which are purchase agreements, the creditors did not agree to take the same risks as unsecured creditors.

Assets are listed on Schedules A and B of the bankruptcy schedules. Any exemptions that apply to them are listed on Schedule C of the bankruptcy schedules.

11 U.S.C. §522, entitled "Exemptions," addresses exemptions in bankruptcy. 11 U.S.C. §522(b)(2) provides the federal exemptions that the Debtor may avail himself/herself of in a bankruptcy case. 11 U.S.C. §522(b)(3) provides that the Debtor may choose his/her state's exemptions. The New York State exemptions are found in the Civil Procedure Law & Rules ("CPLR"), the Debtor & Creditor Law, and various other laws. See the Tables below. Significantly, when choosing to claim a state's exemptions, the Debtor also has the benefit of claiming nonbankruptcy federal exemptions, such as that which apply to Social Security benefits.

A Debtor may claim the New York State exemptions if he/she has been domiciled in New York for the 730 days (2 years) preceding the filing of the petition. If a Debtor has moved from one state to another (one or more times) within the 730 days preceding the filing of the petition, the Debtor will need to look back to where he/she was domiciled during the majority of the 180 days (1/2 year) prior to the 730 day period. In other words, the Debtor must look back to where he/she was domiciled during the one-half year before the two years preceding the filing of the petition. Ask, where was the Debtor domicilied 910 days ago? Additionally, it must be kept in mind that domicile is not the same as residence. There is much case law which defines the distinction. Essentially, domicile somewhat equates to the concept of "home is where the heart is." Domicile and residence may be the same, but not necessarily.

 

Glossary

Term	Meaning
Collection Proof	Any payment on the debt must come from the debtor voluntarily. The law protects the debtor from involuntary seizures and wage garnishments due to exemptions. Also see Judgment Proof.
Dependent	Includes a spouse, whether or not actually dependent.
Domicile	A person's fixed, permanent, and principal home for legal purposes.
Fraud	Wrongful or criminal deception intended to result in financial or personal gain. Actual fraud is based on intentional deception. Constructive fraud is based on specific, legally defined actions which are presumed fraudulent regardless of the debtor's intent.
Equity	The value of a debtor's interest in property that remains after liens and other creditors' interests are considered. (Example: If a house valued at $60,000 is subject to a $30,000 mortgage, there is $30,000 of equity.) Equity can be protected from unsecured creditors by application of an exemption.
Homestead	A dwelling with its land and buildings, occupied by the owner as a home. A homestead may be claimed on more than one parcel, provided they are contiguous. If the Trustee objects to the claim of an exemption on one or more of the parcels, the Debtor must respond to the Trustee's Motion to explain to the court the parcel's use as part of the homestead. The court may or may not agree. Sample Order Allowing Claimed Exemption.
Judicial Lien	Lien obtained by judgment, levy, sequestration, or other legal or equitable process or proceeding.
Judgment Proof	The individual has no money or property within the jurisdiction of the court to satisfy the judgment or is protected by exemptions from formal judicial process. The creditor can get a judgment, but is unable to collect on it.
Lien	Charge against or interest in property to secure payment of a debt or performance of an obligation.
Objection to Exemptions	A trustee's or creditor's objection to a debtor's attempt to claim certain property as exempt, i.e., not liable for any prepetition debt of the debtor.
Proof of Claim	A written statement, filed by a creditor, describing the reason a debtor owes the creditor money. (There is an official form for this purpose.) Creditors are mandated to file Proofs of Claims are filed in Chapter 12 and 13 bankruptcies. In Chapter 7s, Proofs of Claims are filed only when the Trustee issues a notice that the case is an asset case.
Security Agreement	Agreement that creates or provides for a security interest.
Unsecured Claim	A claim or debt for which a creditor holds no special assurance of payment, unlike a mortgage or lien; a debt for which credit was extended based solely upon the creditor's assessment of the debtor's future ability to pay.
Value	Fair market value as of the date of the filing of the petition or, with respect to property that becomes property of the estate after such date, as of the date such property becomes property of the estate.

 

PreBankruptcy Planning

Prebankruptcy planning is what the term states, planning for bankruptcy. Every debtor's situation is different, and therefore how soon (and under what chapter) each debtor should file bankruptcy will be different. If a debtor wants to stop the loss of his/her home to foreclosure, then obviously when to file a Chapter 13 bankruptcy has to take into consideration how far along the state court foreclosure proceeding is, assuming one is already started. If a debtor is still undergoing medical procedures and there will be more bills that he/she cannot pay, then delaying the bankruptcy filing until after all the bills are incurred, may be the right timing. There are limitations on how often a debtor can file a bankruptcy case, so having all the bills included is critical to getting a fresh start.

Prebankruptcy planning typically includes converting nonexempt assets into exempt assets. For example, a debtor filing bankruptcy using the New York State exemptions, would not be able to exempt any stocks. In such a situation, it may be to the debtor's advantage to cash in the stocks and purchase something that would be covered by an exemption, prior to filing bankruptcy. It may also be to the debtor's advantage to just use the cash for living expenses, prior to filing bankruptcy. The result is the same: the cash from the sale of the stock benefits the debtor.

There is one asset, however, that the Bankruptcy Code provides a conversion rule for, and that pertains to real estate for which the debtor is claiming a homestead exemption. Pursuant to 11 U.S.C. §522(o)(4), "the value of an interest in ... real or personal property that the debtor or a dependent of the debtor claims as a homestead[] shall be reduced to the extent that such value is attributable to any portion of any property that the debtor disposed of in the 10-year period ending on the date of the filing of the petition with the intent to hinder, delay, or defraud a creditor and that the debtor could not exempt, or that portion that the debtor could not exempt ... if on such date the debtor had held the property so disposed of." There are four elements a party objecting to the debtor's homestead exempton must prove by a preponderance of the evidence in order to successfully bar a debtor's homestead exemption under § 522(o): (1) the debtor disposed of property within the 10 years preceding the bankruptcy filing; (2) the property that the debtor disposed of was nonexempt; (3) some of the proceeds from the sale of the nonexempt property were used to buy a new homestead, improve an existing homestead, or reduce the debt associated with an existing homestead; and (4) the debtor disposed of the nonexempt property with the intent to hinder, delay or defraud a creditor.

Note that with the conversion of assets, a debtor is not reducing the value of what he/she owns, except for having to pay any selling and purchasing costs. This is distinguishable from fraudulent transfers, when a debtor gives away his/her property or sells it for significantly less than market value.

11 U.S.C. §548 addresses fraudulent transfers and obligations. It states that:

(a)(1) The trustee may avoid any transfer (including any transfer to or for the benefit of an insider under an employment contract) of an interest of the debtor in property, or any obligation (including any obligation to or for the benefit of an insider under an employment contract) incurred by the debtor, that was made or incurred on or within 2 years before the date of the filing of the petition, if the debtor voluntarily or involuntarily—
        (A) made such transfer or incurred such obligation with actual intent to hinder, delay, or defraud any entity to which the debtor was or became, on or after the date that such transfer was made or such obligation was incurred, indebted; or
        (B)(i) received less than a reasonably equivalent value in exchange for such transfer or obligation; and (ii) (I) was insolvent on the date that such transfer was made or such obligation was incurred, or became insolvent as a result of such transfer or obligation; (II) was engaged in business or a transaction, or was about to engage in business or a transaction, for which any property remaining with the debtor was an unreasonably small capital; (III) intended to incur, or believed that the debtor would incur, debts that would be beyond the debtor’s ability to pay as such debts matured; or (IV) made such transfer to or for the benefit of an insider, or incurred such obligation to or for the benefit of an insider, under an employment contract and not in the ordinary course of business.
....
    
(d)(2) In this section—(A) “value” means property, or satisfaction or securing of a present or antecedent debt of the debtor, but does not include an unperformed promise to furnish support to the debtor or to a relative of the debtor; ...
    
(e)(1) In addition to any transfer that the trustee may otherwise avoid, the trustee may avoid any transfer of an interest of the debtor in property that was made on or within 10 years before the date of the filing of the petition, if—(A) such transfer was made to a self-settled trust or similar device; (B) such transfer was by the debtor; (C) the debtor is a beneficiary of such trust or similar device; and (D) the debtor made such transfer with actual intent to hinder, delay, or defraud any entity to which the debtor was or became, on or after the date that such transfer was made, indebted.
(2) For the purposes of this subsection, a transfer includes a transfer made in anticipation of any money judgment, settlement, civil penalty, equitable order, or criminal fine incurred by, or which the debtor believed would be incurred by—(A) any violation of the securities laws (as defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47))), any State securities laws, or any regulation or order issued under Federal securities laws or State securities laws; or (B) fraud, deceit, or manipulation in a fiduciary capacity or in connection with the purchase or sale of any security registered under section 12 or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78l and 78o(d)) or under section 6 of the Securities Act of 1933 (15 U.S.C. 77f).

New York State's law as to fraudulent conveyances is codified in the Debtor & Creditor Law Article 10, §§270-281. For an understanding of this law's application in bankruptcy, read "Exempt No More: How New York's Uniform Fraudulent Conveyance Act Threatens in Bankrupty" by Philip Michael Guffy, Brooklyn Law Review Vol 80 Issue 3 (2015).

Read 11 U.S.C. §548 in full for the transfer amounts that may be excepted for contributions to qualified charitable and religious entities.

A sampling of decisions pertaining to the conversion of non-exempt assets into exempt assets, and fraudulent transfers: In re Appling, 848 F.3d 953 (11th Cir. 2017); In re Ventura, Case No. 10-79815-dte (not published in reporter; can be found on Google Scholar) (EDNY 2011); In re Laughlin, 602 F.3d 417 (5th Cir. 2010); In re Retz, 606 F.3d 1189 (9th Cir. 2010); In re Boyer, 328 Fed. Appx. 711 (2d Cir. 2009); In re Hill, 562 F.3d 29 (1st Dept. 2009); In re Duncan, 562 F.3d 688 (5th Cir. 2009); In re Truong, 285 Fed. Appx 837 (3d Cir. 2008); In re DiLoreto, 266 Fed. Appx 140 (3d Cir. 2008); In re Combes, 382 BR 186 (EDNY 2008); In re Freeland, 540 F.3d 721 (7th Cir. 2008); In re Addision, 540 F.3d 805 (8th Cir. 2008); In re Jennings, 533 F.3d 1333 (11th Cir. 2008); In re Watman, 548 F.3d 26 (1st Cir. 2006); In re Marrama, 445 F.3d 518 (1st Cir. 2006); In re French, 440 F.3d 145 (4th Cir. 2006); In re Robinson, 271 B.R. 437 (NDNY 2001); In re Carletta, 189 B.R. 258 (NDNY 1995); In re Moore, 177 B.R. 437 (NDNY 1994); In re Kasier, 722 F.2d 1574 (2d Cir. 1983).

As can be seen from these cases, circuits and districts differ, and take into consideration state laws and state court decisions. The Legal Research page provides information on the significance of differences in publication, what controlling decisions are, and the weight of precedent vs. persuasive decisions. New York State is within the jurisdiction of the 2nd Circuit U.S. Court of Appeals. New York State has four federal districts: Northern District, Eastern District, Southern District, and Western District.

 

Tables

Each exemption belongs to the person who owns the property, and it covers the equity a person has in that item. If a car is titled to only one spouse, then only up to the maximum single owner amount can be claimed. If a car is titled to both spouses, then up to the maximum joint owners amount can be claimed.

In the Tables below, "N/A" indicates that no maximum amount has been set in the law. Dashes ("----") indicate that it is not the type of property that can be jointly titled.

The federal exemption amounts are adjusted every three years, 11 U.S.C. §104. To verify the exact exemption amount, check on the website of the Office of the Law Revision Counsel.

The state exemption amounts are also adjusted every three years, effective on April 1st of the applicable year. CPLR §5253. To verfiy the exact exemption amount, check on the website of the the New York State Department of Financial Services.

Applicable when federal exemptions are elected:

Federal Exemption	Description	Single Max Amount	Joint Max Amount
11 U.S.C. §522(d)(1)	Real property or personal property used as a residence (e.g. a trailer)	$25,150	$50,300
11 U.S.C. §522(d)(2)	Debtor's interest in one motor vehicle	$4,000	$8,000
11 U.S.C. §522(d)(3)	Household goods, clothing, appliances, animals, crops, musical instruments for family use, not to exceed $625 in any one item. The term “household goods” does not include works of art, unless by or of the debtor, or any relative of the debtor.	$13,400	$26.800
11 U.S.C. §522(d)(4)	Jewelry for personal or family use	$1,700	$3,400
11 U.S.C. §522(d)(5)	The debtor's aggregate interest in any property, not to exceed in value $1,325 plus up to $12,575 of any unused amount of the exemption provided under paragraph (1) of this subsection. Known as the "Wildcard" exemption, as it can be applied to anything.	$13,900	$27,800
11 U.S.C. §522(d)(6)	Implements, professional books, tools of trade	$2,525	$5,050
11 U.S.C. §522(d)(7)	An unmatured insurance contract of debtor other than credit life	N/A	N/A
11 U.S.C. §522(d)(8)	Unmatured life contract's accrued dividend	$13.400	$26.800
11 U.S.C. §522(d)(9)	Professionally prescribed health aids	N/A	----
11 U.S.C. §522(d)(10)	Debtor's right to receive social security, veteran's benefits, disability, illness and unemployment benefits, alimony, support or maintenance to extent reasonably necessary for the support of debtor and dependents. Also a payment under a stock bonus, pension profit-sharing, annuity or similar plan on account of illness, disability, death, age or length of service to the above extent.	N/A
11 U.S.C. §522(d)(11)(a)	An award under a crime victim’s reparation law	N/A	----
11 U.S.C. 522(d)(11)(b)	A payment on account of the wrongful death of an individual of whom the debtor was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.	N/A	----
11 U.S.C. 522(d)(11)(c)	A payment under a life insurance contract that insured the life of an individual of whom the debtor was a dependent on the date of such individual’s death, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.	N/A	----
11 U.S.C. §522(d)(11)(d)	A payment, not to exceed $25,150 on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent.	$25,150	----
11 U.S.C. §522(d)(11)(e)	A payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.	Varies, no limit per se	----
11 U.S.C. §522(d)(12), 522(n)	Retirement funds to the extent that those funds are in a fund or account that is exempt from taxation under section 401, 403, 408, 408A, 414, 457, or 501(a) of the Internal Revenue Code of 1986.	N/A, with exception of 408 and 408A, which are limited to $1,362,800	----
11 U.S.C. §541(b)	Education IRA funds	$6,425.00	$12,850.00
11 U.S.C. §541(b)	Pre-purchased tuition credits	$6,425.00	$12,850.00

 

Applicable when New York State exemptions are elected:

Note that the personal property exemptions claimed under NY CPLR §5205 and marked with an asterick (*) may not total more than $11,375.00 single/$22,750.00 joint in the aggregate. NY Debtor & Creditor Law §283.
 

New York State Exemption/ Federal Nonbankruptcy Exemption (Debtors get to apply both)	Description	Single Max Amount	Joint Max Amount
NY CPLR §5206(a) "the Homestead Exemption"	Real property or personal property used as a residence (e.g. a trailer). Note that NY CPLR §5206(b), Homestead exemption after owner's death, provides that "[t]he homestead exemption continues after the death of the person in whose favor the property was exempted for the benefit of the surviving spouse and surviving children until the majority of the youngest surviving child and until the death of the surviving spouse."	$170,825.00 in the counties of Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam. $142,350.00 in the counties of Dutchess, Albany, Columbia, Orange, Saratoga and Ulster. $85,400.00 in all other counties.	$341,650.00, $284,700.00, and $170,800.00, respectively.
NY CPLR §5206(f)	Burying ground. Land, set apart as a family or private burying ground, only if: 1. a portion of it has been actually used for that purpose; 2. it does not exceed in extent one-fourth of an acre; and 3. it does not contain any building or structure, except one or more vaults or other places of deposit for the dead, or mortuary monuments.	N/A	N/A
NY CPLR §5205(a)(1)	All stoves and home heating equipment kept for use in the debtor's residence and necessary fuel therefor for 120 days; one sewing machine with its appurtenances.	$2,850*	$5,700*
NY CPLR §5205(a)(2)	Religious texts, family pictures and portraits, and school books used by the debtor or in the family; and other books kept and used as part of the family or debtor's library.	$575*	$1,150*
NY CPLR §5205(a)(3)	A seat or pew occupied by the debtor or the family in a place of public worship.	N/A*	N/A*
NY CPLR §5205(a)(4)	Domestic animals with the necessary food for those animals for 120 days, provided that the total value of such animals.	$1,150*	$2,300*
NY CPLR §5205(a)(4)	All necessary food actually provided for the use of the debtor or his/her family for 120 days;	N/A*	N/A*
NY CPLR §5205(a)(5)	All wearing apparel, household furniture, one mechanical, gas or electric refrigerator, one radio receiver, one television set, one computer and associated equipment, one cellphone, crockery, tableware and cooking utensils necessary for the debtor and the family.	N/A*	N/A*
NY CPLR §5205(a)(5)	All prescribed health aids.	N/A*	N/A*
NY CPLR §5205(a)(6)	Wedding ring or band (engagement rings and bands are not considered to be wedding rings or bands)	N/A*	N/A*
NY CPLR §5205(a)(6)	A watch, jewelry and art	$1,150*	$2,300*
NY CPLR §5205(a)(7)	Tools of trade, necessary working tools and implements, including those of a mechanic, farm machinery, team, professional instruments, furniture and library, together with the necessary food for the team for 120 days, provided, however, that the articles specified in this paragraph are necessary to the carrying on of the debtor's profession or calling.	$3,400*	$6,800*
NY CPLR §5205(a)(8), Debtor & Creditor Law §282(iii)(1)	One motor vehicle, and if such vehicle has been equipped for use by a disabled debtor, then the higher amount. However, that this exemption for one motor vehicle shall not apply if the debt enforced is for child support, spousal support, maintenance, alimony or equitable distribution, or if the state of New York or any of itsagencies or any municipal corporation is the judgment creditor.	$4,550, $11,025.00	$9,100, $22,050.00
NY CPLR §5205(a)(9)	If no homestead exemption is claimed, then personal property, bank account, or cash not covered by another exemption.	$1,150*	$2,300*
NY Debtor & Creditor Law §283(2)(c)	If no homestead exemption is claimed, then bank account, tax refund, or cash not covered by another exemption.	$5,700, if not otherwise limited due to use of other exemptions	$15,400, if not otherwise limited due to use of other exceptions
NY CPLR §5205(b)	A cause of action, to recover damages for taking or injuring personal property that was exempt. A money judgment and its proceeds arising out of such a cause of action is exempt, for one year after the collection thereof.	N/A	N/A
NY CPLR §5205(c)(1)	All property while held in trust, where the trust has been created by, or the fund so held in trust has proceeded from, a person other than the debtor, with two exceptions: (1) not exempt from application to satisfy arrears under a qualified domestic relations order; and (2) not exempt from application to satisfaction of a money judgment if (a) made after the date that is ninety days before the interposition of the claim on which such judgment was entered, or (b) deemed to be fraudulent conveyances under article ten of the debtor and creditor law. In other words, this law does not exempt self-settled trusts.	N/A	N/A
NY CPLR §5205(c)(2)	Qualified retirement accounts, under the Internal Revenue Code 401, 403, 408, 408A, or 457. These accounts are deemed to not be self-settled trusts, even with contributions from the debtor. Includes IRAs, Keoghs, and 401(K)s.	N/A	----
NY CPLR §5202(d)(1)	Ninety per cent (90%) of the income or other payments from a trust the principal of which is exempt under NY CPLR 5205(c); provided, however, that with respect to any income or payments made from trusts, custodial accounts, annuities, insurance contracts, monies, assets or interest established as part of an individual retirement account plan or as part of a Keogh (HR-10), retirement or other plan described in NY CPLR §5205(c)(2), the exception in this subdivision for such part as a court determines to be unnecessary for the reasonable requirements of the judgment debtor and his dependents shall not apply, and the ninety percent (90%) exclusion of this paragraph shall become a one hundred percent (100%) exclusion.	N/A	----
NY CPLR §5205(d)(2), NY Social Services Law §137-a	Ninety per cent (90%) of the earnings (wages) of the debtor for his personal services rendered within sixty days before, and at any time after, filing. If the debtor is receiving public assistance, all wages are exempt.	Varies	----
NY CPLR §5205(e)	The pay and bounty of a non-commissioned officer, musician or private in the armed forces of the United States or the state of New York; a land warrant, pension or other reward granted by the United States, or by a state, for services in the armed forces; a sword, horse, medal, emblem or device of any kind presented as a testimonial for services rendered in the armed forces of the United States or a state; and the uniform, arms and equipments which were used by a person in the service; provided, however, that the provisions of this subdivision shall not apply to the satisfaction of any order or money judgment for the support of a person's child, spouse, or former spouse.	N/A	----
NY CPLR §5205(f)	Ninety per cent (90%) of any money or debt due or to become due to the debtor for the sale of milk produced on a farm operated by him and delivered for his account to a milk dealer licensed pursuant to article twenty-one of the agriculture and markets law.	N/A	N/A
NY CPLR §5205(g)	Money deposited as security for the rental of real property to be used as the residence of the debtor or the debtor's family; and money deposited as security with a gas, electric, water, steam, telegraph or telephone corporation, or a municipality rendering equivalent utility services, for services to debtor's residence or the residence of debtor's family.	N/A	N/A
NY CPLR §5205(i)	Cash given to the debtor upon surrender of insurance policy	N/A	N/A
NY Insurance Law §3212	Life insurance contract; cash value of a life insurance contract	N/A	N/A
NY EPTL §7-1.5(a)(2)	Life insurance proceeds payable at death of insured that are left with insurance company as spendthrift trust that prohibits payment to the debtor beneficiary’s creditors.	N/A	N/A
NY Debtor & Creditor Law §282(iii)(2)(a)	Social Security benefit, unemployment compensation, or a local public assistance benefit	N/A	----
NY Social Services Law §137	Public assistance	N/A	N/A
NY Debtor & Creditor Law §282(iii)(2)(b)	Veterans' benefits	N/A	----
NY Debtor & Creditor Law §282(iii)(2)(c)	Disability, illness or unemployment benefits	N/A	----
NY Debtor & Creditor Law §282(iii)(2)(d); NY CPLR §5205(d)(3)	Alimony, maintenance, and child support	N/A, unless court finds not all necessary for support	----
NY Debtor & Creditor Law §282(iii)(3)	Right to receive or funds traceable to (i) crime victim's reparation; (ii) if necessary for the support of the debtor and dependents, a wrongful death payment, (iii) a payment on account of personal bodily injury, not including pain and suffering or compensation for actual pecuniary loss, of the debtor or an individual of whom the debtor is a dependent; and (iv) a payment in compensation of loss of future earnings of the debtor or an individual of whom the debtor is or was a dependent, to the extent reasonably necessary for the support of the debtor and any dependent of the debtor.	N/A, except for (iii), which is limited to $8,550	----
NY Debtor & Creditor Law §283(1); NY Insurance Law §3212	Annuity contract benefits due or prospectively due the debtor, who paid for the contract, unless court finds that such payments are not necessary to meet the Debtor's ordinary financial needs. If purchased within 6 months prior & not tax-deferred, only $10,000	$10,000.00 or greater	$20,000.00 or greater
NY Retirement & Social Security Law §410	The right of a person to a pension, a pension-providing-for-increased-take-home-pay, an annuity or a retirement allowance, to the return of contributions, the pensions, the pension-providing-for-increased-take-home-pay, annuity, or retirement allowance itself, any optional benefit, any other right accrued or accruing to any person under the provisions of [the NYS Employees' Retirement System] and the monies in the various funds continued under [the NYS Employees' Retirement System].	N/A	----
NY Debtor & Creditor Law §282(3)(iv), NY Workers' Compensation Law §§ 33, 218, 313	Workers' Compensation Benefits	N/A, except such benefits are subject to an income execution or order for support enforcement pursuant to CPLR §§ 5241, 5242.	----
45 U.S.C. §231m	Railroad Retirement Board Tier 2 Railroad Retirement benefit payments	N/A	----
31 U.S.C. § 3716(h), 30 U.S.C. § 932(a) [incorporating 33 U.S.C. § 916]	Payments under the Black Lung Benefits Act	N/A	----
31 U.S.C. §3701(d)	Social Security Administration/ Department of Health and Human Services Payments made under the Social Security Act	N/A, except to the extent provided under 31 U.S.C. § 3716(c) [Debt Collection Improvement Act]	----
NY Partnership Law §51	Partner's right in specific partnership property	N/A	N/A

When opting for New York State exemptions, the Debtor may only utilize the exemptions available under New York law or federal law other than 11 U.S.C. §522(d), In re Moore, 177 B.R. 437 (NBNY 1994).