New York Bankruptcy Exemptions
What property can you keep when filing Chapter 7 in New York?
Federal exemption option available: New York allows debtors to choose between state exemptions or the federal bankruptcy exemption schedule. You must pick one complete set.
New York Homestead Protection
$179,950
New York protects up to $179,950 of equity in your primary residence from creditors.
New York Exemption Table
2025/2026 figures — Chapter 7 bankruptcy
How to Claim Exemptions in New York
To claim your New York bankruptcy exemptions, you must list each exempt asset on Schedule C of your bankruptcy petition. You may choose between New York's state exemptions or the federal bankruptcy exemptions — you cannot mix and match. A bankruptcy preparer can help you determine which set of exemptions better protects your assets — all claims are subject to court approval.
How does New York compare to other states?
Use the side-by-side comparison tool to see which state offers more protection for your assets.
Frequently Asked Questions
How much home equity can I protect in New York bankruptcy?
New York's homestead exemption protects up to $179,950 of your home's equity. If your equity exceeds this amount, the Chapter 7 trustee may sell your home — though in practice, most filers don't exceed this limit.
Can I keep my car when filing bankruptcy in New York?
New York's vehicle exemption protects up to $4,000 in car equity. If your car is worth less than this (or your equity after the loan balance is within this limit), you can typically keep it. If you're financing the car, you may also reaffirm the debt to keep it regardless of equity.
Are retirement accounts protected in New York bankruptcy?
Yes — New York protects Unlimited in qualified retirement accounts. This includes 401(k), 403(b), IRA, and pension accounts. Retirement assets are among the strongest-protected assets in bankruptcy across all 50 states.
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Non-Attorney Notice: JustiPal™ is a document preparation service — not a law firm. Exemption amounts shown are for educational purposes and reflect general 2025/2026 figures. Individual results depend on your specific assets, equity calculations, and applicable state law. Consult a licensed bankruptcy attorney for legal advice specific to your situation.