New York Bankruptcy Exemptions – Part Two – Unlimited Exemptions

10 Aug New York Bankruptcy Exemptions – Part Two – Unlimited Exemptions

Some New York State bankruptcy exemptions are unlimited. For example, an IRA or Erisa Qualified Retirement Plan is entirely exempt. A wedding ring is fully exempt, whatever it’s value. But you’d better be careful, because an engagement ring, that is not part of the wedding band, and was not given in the wedding ceremony, is not exempt, and can be taken right off your finger by the trustee at the meeting of creditors.

Another unlimited exemption is the value of a life insurance policy. But not always. In the Western District of NY, an area encompassing Buffalo, Rochester and Elmira, the Bankruptcy Courts have held that if a husband and wife file a joint bankruptcy petition, and each is the beneficiary of the other’s policy, then the cash value becomes property of the bankruptcy estate, and can be taken by the chapter 7 trustee.

As always, be sure to review with your lawyer your own particular situation.

Go to Part Three The Homestead Exemption

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Peter Orville is a bankruptcy lawyer in Binghamton, located in the Southern Tier of New York. He is a member and New York co-chair of the National Association of Consumer Bankruptcy Attorneys.
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