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NY S07034

Bill

Status

Passed

12/22/2010

Primary Sponsor

Eric Schneiderman

Click for details

Origin

Senate

2009-2010 General Assembly

AI Summary

  • Increases personal property exemptions including home heating equipment fuel (60 to 120 days), books ($50 to $500), domestic animals and food ($450 to $1,000), tools of trade ($600 to $3,000), jewelry and art ($35 to $1,000), and adds new exemptions for computers, cellphones, prescribed health aids, and one motor vehicle (up to $4,000, or $10,000 if equipped for disabled debtor use).

  • Establishes tiered homestead exemptions for real property: $150,000 for Kings, Queens, New York, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam counties; $125,000 for Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster counties; and $75,000 for remaining counties.

  • Increases bankruptcy exemptions for motor vehicles from $2,400 to $4,000 ($10,000 if equipped for disabled debtor), and increases the aggregate personal property exemption limit from $5,000 to $10,000.

  • Allows individual debtors to elect federal bankruptcy exemptions under 11 U.S.C. § 522 instead of state exemptions.

  • Requires the Superintendent of Banks to adjust all exemption amounts every three years beginning April 1, 2012, based on the Consumer Price Index for the New York-Northern New Jersey-Long Island region, rounded to the nearest $25.

Legislative Description

Increases the amounts of certain real and personal property that are exempt from money judgments and bankruptcy; provides a choice between claiming the state or federal exemptions in such instances; provides for cost of living adjustments in such amounts every three years.

Last Action

APPROVAL MEMO.38

12/22/2010

Committee Referrals

Judiciary6/23/2010
Codes3/9/2010

Full Bill Text

No bill text available