Bankruptcy in New York
In New York you choose state or federal exemptions (exemptions are the property the law lets you keep). Your home (homestead): depends on the county where the home is: from $102,400 to $204,825.
You file in one of 4 federal bankruptcy courts:
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
What you can keep in New York
Exemptions are the property the law lets you keep. You pick one whole set: the New York list or the federal list. You can't mix them.
Law: N.Y. Debt. & Cred. Law 285; 11 U.S.C. 522(b)(1)-(2); 11 U.S.C. 522(d)
| What | New York exemption | Federal exemption |
|---|---|---|
Home (homestead) | Depends on the county where the home is: $204,825 in Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam counties; $170,700 in Dutchess, Albany, Columbia, Orange, Saratoga and Ulster counties; $102,400 in all other counties. This is equity (value above mortgages and liens) in a house, co-op shares, a condo unit or a mobile home that you own and live in as your main home. The amount applies per debtor. When a married couple who both own the home files a joint case, each spouse can claim the exemption. If you claim the homestead, you cannot use the $1,325 cash/personal property exemption or the extra cash exemption described under wildcard. No filing or declaration is needed to claim it. Law: 11 U.S.C. 522(m); CPLR 5206(a) | $31,575 Law: 11 U.S.C. 522(d)(1) |
Car or other vehicle | $5,500 in equity in one motor vehicle; $13,625 if the vehicle is equipped for use by a disabled debtor. Per debtor. Law: N.Y. Debt. & Cred. Law 282(1); CPLR 5205(a)(8) | $5,025 Law: 11 U.S.C. 522(d)(2) |
Household goods and clothing | Clothing, household furniture, one refrigerator, one radio, one TV, one computer, one cellphone, dishes and cooking utensils, stoves and heating equipment, and prescribed health aids have no item-by-item dollar limit. Separate limits: a wedding ring plus a watch, jewelry and art up to $1,325; other books up to $675; pets/domestic animals and their food up to $1,325. In bankruptcy, the total you can protect under these CPLR 5205(a) categories is capped at $13,625 per debtor. Law: CPLR 5205(a)(1)-(6); N.Y. Debt. & Cred. Law 283(1) | Household goods: $800 per item, $16,850 total Jewelry for personal or family use: $2,125 Law: 11 U.S.C. 522(d)(3); 11 U.S.C. 522(d)(4) |
Wildcard (any property) | Only if you do not claim the homestead: $1,325 in any personal property, bank account or cash. Also only without the homestead: extra cash (money, bank deposits, savings bonds, tax refunds) up to $6,825, or the amount by which your personal property exemptions fall short of the $13,625 cap, whichever is less (Debt. & Cred. Law 283(2)). Law: CPLR 5205(a)(9); N.Y. Debt. & Cred. Law 283(2) | $1,675 plus up to $15,800 of any unused part of the (d)(1) homestead amount Law: 11 U.S.C. 522(d)(5) |
Tools of your trade | $4,075 in tools, implements, professional instruments, furniture and library needed for your trade or profession Law: CPLR 5205(a)(7) | $3,175 Law: 11 U.S.C. 522(d)(6) |
Wages | 90% of your earnings for personal services earned within 60 days before (and after) a wage garnishment or motion is made, unless a court finds part of it unnecessary for you and your dependents. Law: CPLR 5205(d)(2) | — |
Retirement accounts | IRAs, Roth IRAs, 401(k) and other qualified plans, Keoghs and 457 plans are fully exempt and treated as spendthrift trusts, including in bankruptcy. Payments out of these plans are 100% exempt. Contributions made within 90 days before a creditor's claim was made are not protected. Law: CPLR 5205(c)(2)-(5), 5205(d)(1); N.Y. Debt. & Cred. Law 282(2)(f) | No dollar limit (IRAs are capped under 522(n)) Money in traditional and Roth IRAs is protected up to $1,711,975 in total. Law: 11 U.S.C. 522(d)(12); 11 U.S.C. 522(n); 90 FR 8941 |
Public benefits | Your right to receive Social Security, unemployment benefits, local public assistance, veterans' benefits, and disability or illness benefits is exempt. Alimony and support are exempt to the extent reasonably necessary to support you and your dependents. COVID-era federal relief payments are exempt. Law: N.Y. Debt. & Cred. Law 282(2)(a)-(d); CPLR 5205(p) | Your right to receive Social Security, unemployment, public assistance, veterans' and disability benefits; alimony and support you reasonably need; and certain pension or annuity payments you reasonably need: No dollar limit (some only as much as you reasonably need) Your right to certain payments: crime victim awards, wrongful-death and life-insurance payments for someone you depended on, personal bodily injury payments (not pain and suffering or actual money losses), and payments for lost future earnings: Crime-victim awards: no limit. Personal injury payment: up to $31,575. Others: as much as you reasonably need Law: 11 U.S.C. 522(d)(10); 11 U.S.C. 522(d)(11) |
Other exemptions |
Law: CPLR 5205(j); CPLR 5205(g) | An unmatured life insurance policy you own (not credit life insurance): No dollar limit Cash value of life insurance: $16,850 Health aids prescribed by a professional for you or a dependent: No dollar limit Law: 11 U.S.C. 522(d)(7); 11 U.S.C. 522(d)(8); 11 U.S.C. 522(d)(9) |
Amounts: Amounts effective April 1, 2024 (cases filed on or after that date), as published by the New York State Department of Financial Services; next adjustment scheduled for April 1, 2027. The statute text on the legislature website still shows the original 2010 base amounts.
Federal amounts: Amounts in effect for cases filed on or after April 1, 2025 (next automatic adjustment due April 1, 2028)
Law: 11 U.S.C. 104; 90 FR 8941-8942
These amounts are per person. If a married couple files one joint case, each spouse can claim the federal exemptions separately.
The means test in New York: first step
Official Form 122A-1 compares your household's yearly income with the median income in New York. Here are the official medians:
- 1 person$73,272
- 2 people$92,902
- 3 people$115,579
- 4 people$139,040
- Each extra person+$11,100
Applies to cases filed on or after April 1, 2026. 1 = one earner; 2, 3, 4 = people in the household; add = amount added for each person over 4
Where to file in New York
You file in the district where you lived (your domicile) for most of the last 180 days. New York has four districts: Eastern (Brooklyn, Queens, Staten Island, Long Island), Southern (Manhattan, the Bronx, Westchester, Rockland and the mid-Hudson Valley), Northern and Western. Columbia, Greene and Ulster counties are served by both the Northern and the Southern District. To find your division, check the court's county list: https://www.nyeb.uscourts.gov/court-info/court-locations (Eastern), https://www.nysb.uscourts.gov/court-info/court-locations (Southern), https://www.nynb.uscourts.gov/northern-district-new-york-counties (Northern), https://www.nywb.uscourts.gov/counties-served (Western).
Law: 28 U.S.C. 1408
Divisions: Brooklyn (Kings, Queens and Richmond counties), Central Islip (Nassau and Suffolk counties)
Clerk's phone: (347) 394-1700
Divisions: Albany (Albany, Clinton, Columbia, Essex, Greene, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, Washington counties), Utica (Broome, Chenango, Delaware, Franklin, Fulton, Hamilton, Herkimer, Lewis, Madison, Montgomery, Oneida, Otsego, St. Lawrence counties), Syracuse (Cayuga, Cortland, Jefferson, Onondaga, Oswego, Tioga, Tompkins counties)
Clerk's phone: 518-257-1661
Divisions: Manhattan (Bronx and New York counties), White Plains (Rockland and Westchester counties), Poughkeepsie (Dutchess, Orange, Putnam and Sullivan counties; shared with the Northern District for Columbia, Greene and Ulster)
Clerk's phone: 212-668-2870
Divisions: Buffalo (Allegany, Cattaraugus, Chautauqua, Erie counties), Rochester (Chemung, Livingston, Monroe, Ontario, Schuyler, Seneca, Steuben, Wayne, Yates counties); cases from Genesee, Niagara, Orleans and Wyoming counties go to either judge
Clerk's phone: (716) 362-3200
Free help in New York
- New York Southern District Bankruptcy Free Legal Clinic (free 30-minute phone consultation with a volunteer bankruptcy lawyer; for Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, Westchester, Columbia, Ulster and Greene counties) · (212) 284-4040
- City Bar Justice Center — Homeowner and Consumer Debt Advocacy Project (helps eligible New Yorkers prepare a Chapter 7 case; runs the Bankruptcy Pro Bono Panel) · 212-382-6707
- The Legal Project — Bankruptcy and Credit Program (Albany area; free consultations, representation if you qualify by income; listed by the Northern District court) · (518) 435-1770
- LawHelpNY — statewide directory of free legal aid
- Find free legal aid at LawHelp.org
- Eastern District – Court's self-help page
- Northern District – Court's self-help page
- Southern District – Court's self-help page
- Western District – Court's self-help page
Free letter and checklist
Letter: tell a creditor you filed bankruptcy
Notice to a creditor or debt collector with your case number, court, filing date and chapter.
Checklist: what to gather before you file
Income, tax returns, debts, property and budget papers the federal forms ask about, with New York's courts.
Bankruptcy in New York by topic
Exemptions in New York
Home, car, household goods, wildcard and more, with the law for each.
The means test in New York
The official median income and the first-step check.
Where to file in New York
The bankruptcy courts, divisions, fees and the 341 meeting.
Good to know in New York
- The homestead amount depends on the county your home is in, from $102,400 upstate to $204,825 in New York City, Long Island, Westchester, Rockland and Putnam (CPLR 5206(a); NY DFS 2024 table).
- If you use the New York exemptions, claiming the homestead means giving up the $1,325 wildcard and the extra cash exemption of up to $6,825 (CPLR 5205(a)(9); Debt. & Cred. Law 283(2)).
- New York amounts are raised for inflation every three years on April 1; the next change is due April 1, 2027 (CPLR 5205(l)(3); NY DFS).
Changes in 2024–2026
On April 1, 2024 New York raised its amounts for inflation: homestead to $204,825 / $170,700 / $102,400 (from $179,975 / $149,975 / $89,975), vehicle to $5,500 (from $4,825), tools of trade to $4,075 (from $3,575), the wildcard to $1,325 (from $1,175), the extra cash exemption to $6,825 (from $6,000) the personal property cap to $13,625 (from $11,975), the personal injury exemption to $10,250 (from $9,000) and the library books limit to $675 (from $600). No change since; the next adjustment is scheduled for April 1, 2027.
Questions about bankruptcy in New York
Can I use the federal bankruptcy exemptions in New York?
You can. New York lets you choose the state exemptions or the federal exemptions in 11 U.S.C. 522(d). You must pick one whole set.
What is the homestead exemption in New York?
Depends on the county where the home is: $204,825 in Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester and Putnam counties; $170,700 in Dutchess, Albany, Columbia, Orange, Saratoga and Ulster counties; $102,400 in all other counties. This is equity (value above mortgages and liens) in a house, co-op shares, a condo unit or a mobile home that you own and live in as your main home.
How much of a car can I keep in bankruptcy in New York?
$5,500 in equity in one motor vehicle; $13,625 if the vehicle is equipped for use by a disabled debtor. Per debtor.
Does New York have a wildcard exemption?
Only if you do not claim the homestead: $1,325 in any personal property, bank account or cash. Also only without the homestead: extra cash (money, bank deposits, savings bonds, tax refunds) up to $6,825, or the amount by which your personal property exemptions fall short of the $13,625 cap, whichever is less (Debt. & Cred. Law 283(2)).
What household goods can I keep in New York?
Clothing, household furniture, one refrigerator, one radio, one TV, one computer, one cellphone, dishes and cooking utensils, stoves and heating equipment, and prescribed health aids have no item-by-item dollar limit. Separate limits: a wedding ring plus a watch, jewelry and art up to $1,325; other books up to $675; pets/domestic animals and their food up to $1,325. In bankruptcy, the total you can protect under these CPLR 5205(a) categories is capped at $13,625 per debtor.
Are retirement accounts protected in bankruptcy in New York?
IRAs, Roth IRAs, 401(k) and other qualified plans, Keoghs and 457 plans are fully exempt and treated as spendthrift trusts, including in bankruptcy. Payments out of these plans are 100% exempt. Contributions made within 90 days before a creditor's claim was made are not protected.
Are my wages protected in New York?
90% of your earnings for personal services earned within 60 days before (and after) a wage garnishment or motion is made, unless a court finds part of it unnecessary for you and your dependents.
Where do I file bankruptcy in New York?
You file in the district where you lived (your domicile) for most of the last 180 days. New York has four districts: Eastern (Brooklyn, Queens, Staten Island, Long Island), Southern (Manhattan, the Bronx, Westchester, Rockland and the mid-Hudson Valley), Northern and Western. Columbia, Greene and Ulster counties are served by both the Northern and the Southern District. To find your division, check the court's county list: https://www.nyeb.uscourts.gov/court-info/court-locations (Eastern), https://www.nysb.uscourts.gov/court-info/court-locations (Southern), https://www.nynb.uscourts.gov/northern-district-new-york-counties (Northern), https://www.nywb.uscourts.gov/counties-served (Western).
What is the median income for the means test in New York?
For cases filed on or after April 1, 2026: 1 person: $73,272; 2 people: $92,902; 3 people: $115,579; 4 people: $139,040; Each extra person: +$11,100.
Where can I get free help with bankruptcy in New York?
New York Southern District Bankruptcy Free Legal Clinic (free 30-minute phone consultation with a volunteer bankruptcy lawyer; for Bronx, Dutchess, New York, Orange, Putnam, Rockland, Sullivan, Westchester, Columbia, Ulster and Greene counties), City Bar Justice Center — Homeowner and Consumer Debt Advocacy Project (helps eligible New Yorkers prepare a Chapter 7 case; runs the Bankruptcy Pro Bono Panel) and The Legal Project — Bankruptcy and Credit Program (Albany area; free consultations, representation if you qualify by income; listed by the Northern District court).