Changes to NY Bankruptcy Exemptions

On December 24, 2010, in Bankruptcy, by Robbie L. Vaughn, Esq.

Governor David A. Paterson has signed into law S.7034-A/A.8735-A, which will increase the amount of New York’s bankruptcy exemptions and allow NY debtors to choose  the federal (see Federal Bankruptcy Exemptions & NY) or the new New York state exemptions.

The following is a summary of the changes:

  • Increases the homestead exemption under Section 5206 of the CPLR from $50,000 to: $150,000 for the counties of Kings, New York, Queens, Bronx, Richmond, Nassau, Suffolk, Rockland, Westchester, and Putnam; $125,000 for the counties of Dutchess, Albany, Columbia, Orange, Saratoga, and Ulster; $75,000 for the remaining counties in the state;
  • Increases motor vehicle exemption under section 282 of the Debtor and Creditor Law from $2,400 to $4,000  for one motor vehicle. If such vehicle is equipped for use by a disabled person, the exemption amount is $10,000 in bankruptcy;
  • Increases the amount of the aggregate individual bankruptcy exemption for certain annuities and personal property under section 283 of the debtor and creditor law from $5,000 to $10,000;
  • Adds a new section 285 to the Debtor and Creditor Law permitting debtors to choose either the current federal exemptions or the new New York exemptions;
  • Increase the exemption for books and religious texts from $50 to $500;
  • Increases the domestic animals and food exemption from $450 to $1,000;
  • Increases one watch from $35 to $1,000 and adds jewelry and art to this category;
  • Increases the tools of trade exemption from $600 to $3,000;
  • Adds a wildcard exemption, if no homestead exemption is claimed,  of $1,000 for personal property, bank account, or cash;
  • Provides for the exemption of one computer and associated equipment, and one cell phone;
  • Exempt up to $6000 cash if no homestead exemption taken and aggregate individual bankruptcy exemption totals $5000 or less.

The entire bill can be found here or here .

The Press Release issued by the Governor’s office.

We proudly assist residents of Long Island (Nassau county, Suffolk county) and New York City (Queens, Brooklyn, Bronx, Staten Island, Manhattan) with their bankruptcy filings.  

Call (516) 858-2620 to arrange a FREE  consultation with a bankruptcy attorney!

Facing Foreclosure

On April 17, 2010, in Bankruptcy, Foreclosure, by Robbie L. Vaughn, Esq.

Facing Foreclosure

I’m facing foreclosure, What can I do?

Some of your options:

1. Do something:

-Call your  lender and try to arrange a Loan Modification, Refinance, short sale, or Deed-in-Lieu of foreclosure.

-Loan Modification- A Loan Modification is a permanent/temporary change in one or more of the terms of your mortgage loan. Ideally, this will result in a payment you can afford. (You might able to do this yourself).
-See http://makinghomeaffordable.gov/eligibility.html

-Short Sale- A sale of a house for less money than is owed to the lender. Ideally, the lender agrees to accept the proceeds of a short sale and forgives the rest of what is owed. Some lenders are offering a cash incentive to homeowners if they are willing to short sale their home. You will likely need the help of a R.E. Broker & a Real Estate Attorney.

-Deed-in-lieu of Foreclosure- (May only be available after a failed Short Sale attempt). Ideally, the lender accepts ownership of the property in place of the money owed on the mortgage. You will likely need the help of a Real Estate Attorney.

-Consult with an attorney regarding:

-Foreclosure Defenses- Such as a Lack of standing, TILA violations, RESPA violations etc.

-Bankruptcy- Such as Chapter 13- which is a type of “reorganization” used by individuals to pay all or a portion of their debts over a period of years using their current income. The most important thing about a chapter 13 case is that it may allow you to keep your home if you can make the payments which the bankruptcy law requires to be made to your creditors.

-Deficiency Judgments- Generally, a judgment for the amount a homeowner owes the lender after a house is foreclosed upon and sold by the creditor for less than the actual amount still owed.

-Watch this New York State Bar Association video: http://204.8.127.102/peopleslaw/SaveYourHome.htm

2. Do nothing:

-Walk away (OR)

-Stay in your home until you get evicted.

-Pay or go calculator: http://www.payorgo.com/

We believe most people should consider contesting the foreclosure of their home.  We were recently successful in getting a foreclosure action stayed.  We hope to get it dismissed, or force the lender to do a loan modification.

Mineola Foreclosure Attorneys

Call The Law Firm of Vaughn, Weber & Prakope, PLLC, at 516-858-2620 to speak with a foreclosure defense attorney and/or a bankruptcy lawyer.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. This website is Attorney Advertising. It does not form an attorney-client relationship. We are a debt relief agency and a law firm that helps people file for bankruptcy relief under the U.S. Bankruptcy Code – Title 11. Prior results do not guarantee a similar outcome. Proudly assisting residents of Long Island, Nassau county, Suffolk county, New York City, Queens, Brooklyn, Bronx, Staten Island, Manhattan