Law Office of Daren A. Webber
Call Now! 845-615-9108 (Office) 845-776-0201 (Cell)
134 West Main Street
2nd Floor
Goshen, NY 10924
ph: 845-615-9108
alt: 845-776-0201
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- DOES NEW YORK LAW ALLOW FOR FEDERAL EXEMPTIONS?
- WHAT IS THE NEW YORK STATE HOMESTEAD EXEMPTION?
- How long will it take to repair my credit after bankruptcy?
- Should I consider a debt settlement program?
- How can I get rid of my second mortgage?
- What is bankruptcy?
- What can bankruptcy do for me?
- What different types of bankruptcy cases should I consider?
- What will happen to my home and car if I file for bankruptcy?
- Do I still owe secured debts (mortgages/car loans) after bankruptcy?
- Can student loans be part of my bankruptcy?
- Can personal taxes be part of my bankruptcy?
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Daren A. Webber, New York Bankruptcy Lawyer
Serving Orange County New York
Does New York Law Allow for Federal Exemptions?
New York law allows you to use the exemptions found in the U.S. bankruptcy code (11 U.S.C. § 522(d)) or the exemptions provided under New York law. However, you cannot mix and match exemptions from the federal bankruptcy code and state law. You must choose one system or the other.
However, if you use the state law exemptions, there are a few U.S. 'non-bankruptcy' exemptions (that is, exemptions that exist outside of federal bankruptcy code) that you can use in addition to your state law exemptions. The four most significant non-bankruptcy exemptions are for:
- Wages (a general cap on what percentage of your wages can be garnished)
- Social Security benefits
- Civil Service benefits, and
- Veterans Benefits
Other non-bankruptcy exemptions mostly deal with various benefits to government and military personnel, with a few odd laws regarding specially regulated labor markets such as railroad workers, merchant sailors, and longshoremen.
NOTE: Federal Exemption amounts listed below reflect the April 1, 2010 adjustment for inflation every three years, and therefore do not match the figures shown in the federal exemption statutes. Click here for the April 1, 2010 inflation adjustments to Federal bankruptcy exemption amounts, published in the Federal Register.
Can you double exemptions for joint filers? (General principles)
If you are married and filing together, you and your spouse must use the same law; one cannot use federal law while the other uses state law. However, the exemption law chosen applies separately to each spouse. Thus, it is generally possible to double the amount of state law exemptions, Cheeseman v. Nachman, 656 F.2d 60 (4th Cir. 1981) (married couple filing a joint petition was entitled to double the Virginia homestead exemption), unless state law (e.g. California) specifically prohibits a couple from doubling certain exemptions. See First National Bank v. Norris, 701 F.2d 902 (11th Cir. 1984)(Alabama); Granger v. Watson, 754 F.2d 1490 (9th Cir. 1985)(California).
The use of the internet or this forum for communication with the Law Office of Daren A. Webber does not establish an attorney-client relationship. The information provided is strictly for educatinal purposes.
Orange County NY Bankruptcy Lawyer also serving the following New York areas: The Hudson Valley, NY; Chester, NY; Florida, NY; Goshen, NY; Monroe, NY; Harriman, NY; Cornwall, NY; Maybrook, NY; Highland Falls, NY; Greenwood Lake, NY; Middletown, NY; Montgomery, NY; Newburgh, NY; Otisville, NY; Port Jervis, NY; Blooming Grove, NY; Tuxedo, NY; Unionville, NY; Walden, NY; Warwick, NY; Washingtonville, NY; Woodbury, NY; Spring Valley, NY; Airmont, NY; Suffern, NY; Chestnut Ridge, NY; Montebello, NY; Nyack, NY; Piermont, NY; New City, NY; Hillsdale, NY; Rockland County, NY; Westchester County, NY; Dutchess County, NY; Amenia, NY; Annandale, NY; Arlington, NY; Bangall, NY; Barrytown, NY; Beacon, NY; Beekman, NY; Billings, NY; Castle Point, NY; Chelsea, NY; Monticello, NY; Clinton Corners, NY; Dover Plains, NY; Fishkill, NY; Glenham, NY; Holmes, NY; Hopewell Junction, NY; Hughsonville, NY; Hyde Park, NY; LaGrange, NY; Milan, NY; Millbrook, NY; Millerton, NY; North East, NY; Pawling, NY; Pine Plains, NY; Pleasant Valley, NY; Poughkeepsie, NY; Poughquag, NY; Red Hook, NY; Rhinebeck, NY; Rhinecliff, NY; Salt Point, NY; Staatsburg, NY; Stanford, NY; Stanfordville, NY; Stormville, NY; Tivoli, NY; Union Vale, NY; Verbank, NY; Wappingers Falls, NY; Washington, NY; Wassaic, NY; Wingdale, NY; Central Valley, NY; Sullivan County, NY and Montgomery County, NY; Bronx, NY; Brooklyn, NY; Queens, NY; Manhattan, NY; Staten Island, NY; Sugar Loaf, NY
Bankruptcy may be your best option.
Important notice required by Federal Law:
We are a debt relief agency pursuant to Federal Law §524 of Title 11 of the US Code. We provide legal assistance and help people file for bankruptcy relief under the Bankruptcy Code.
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134 West Main Street
2nd Floor
Goshen, NY 10924
ph: 845-615-9108
alt: 845-776-0201
webberla
