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NY S07034
Bill
Status
12/22/2010
Primary Sponsor
Eric Schneiderman
Click for details
AI Summary
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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).
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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.
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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.
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Allows individual debtors to elect federal bankruptcy exemptions under 11 U.S.C. § 522 instead of state exemptions.
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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