• Home
  • About
  • Contact
  • Blog

Allan R. Bloomfield

Queens New York Bankruptcy Lawyer

Free Consultation

718.544.0500

  • Chapter 7
  • Chapter 13
  • BK Exemptions
  • Making the Decision
  • Life After BK
  • Garnishments, Levies and Foreclosures

New York Homestead Exemption: Can Creditors Take My Home?

February 28, 2013 by Allan Bloomfield |

When a debtor files for bankruptcy or is being pursued by a judgment creditor, there are certain items of property that the debtor is allowed to keep even though he or she owes money.  One of the exemptions is for an interest in the debtor’s home, and is called the homestead exemption. The homestead exemption protects your home from creditors or the bankruptcy trustee if you’ve filed for Chapter 7 protection.

NY Homestead Exemption Varies by County: Different in NYC than Westchester

In order to claim a homestead exemption in the state of New York, the home must be occupied as a principal residence.  The exemption covers the equity in the property.  To calculate the equity, one takes the value of the property and subtracts the balance due on any mortgages.  The difference is the equity.  As an example, if the property is worth $400,000, the first mortgage has a balance of $250,000 and the second mortgage has a balance of $50,000, there is $100,000 in equity.  This is important because the amount of the exemption is different in different parts of the state.  For the counties of New York City, Nassau, Suffolk, Westchester, Rockland and Putnam counties, the exemption is $150,000, so in our example, the entire equity would be exempt.

In Dutchess, Albany, Columbia, Orange, Saratoga and Ulster counties, the exemption is $125,000, so in our example, the entire equity would still be exempt.  However, in the rest of New York State, the exemption is only $75,000, and in our example, $25,000 of the equity would not be protected.  This means that if a creditor had a judgment against the homeowner, the house cold be sold to pay off the judgment.  The homeowner would get the first $75,000 from the sale (after the payment of the mortgages) with the remainder to go to the creditor.

These exemptions apply in a bankruptcy case, and if the debtor has equity of less than the limits, he or she will not lose the home if a bankruptcy is filed.

New York Homestead Protection is Automatic

The exemption is automatic – nothing has to be filed ahead of time to claim the exemption.  When the house is owned by more than one person, each owner get their own exemption.  Thus if a husband and wife own a house in New York City, the total exemption is $300,000.

If the owner has to file a bankruptcy case and the exemption does not cover the entire equity, all is not lost.  If the owner files under Chapter 13 of the Bankruptcy Code, and the amount that is paid out to creditors through Chapter 13 Plan is more than the unprotected equity, they will be able to keep their home.

While the New York exemption for a home is not unlimited as it is in some states, it is usually enough to cover the entire equity.  In my practice, I have had very few cases where a debtor in a bankruptcy case has more equity than the exemption limits.

 Allan Bloomfield practices bankruptcy law in Forest Hills, Queens. Contact Allan today for a free consultation.

Filed Under: Real Estate

<< Previous Post
Next Post >>
0 comments
Tweet

About Allan Bloomfield

For over 30 years, my focus in practicing law has been to help people overcome what seems to them to be insurmountable financial difficulties. I have helped thousands of people file both Chapter 7 and Chapter 13 cases, and in most cases, they are able to keep all of their assets, including homes, cars, their retirement accounts and personal property.

I can help you find your path to

Financial Freedom.

Contact Me Today.

  • This field is for validation purposes and should be left unchanged.
Meet Allan Bloomfield

For over 30 years, my focus in practicing law has been to help people overcome what seems to them to be insurmountable financial difficulties. I have helped thousands of people file both Chapter 7 and Chapter 13 cases, and in most cases, they are able to keep all of their assets, including homes, cars, their retirement accounts and personal property.

Read more

Follow us on Twitter

Like us on Facebook

Recent Articles

  • What Is A Fraudulent Conveyance in Bankruptcy In New York?
  • What Not To Do With Your Refund If You Are Filing For Bankruptcy
  • Can I Keep My Tax Refunds If I File For Bankruptcy?
  • Debt Consolidation and Debt Settlement
  • Filing Bankruptcy After the Holidays

This isn’t what you were looking for.

Perhaps one of the links below can help.

All content copyright © 2026 Allan R. Bloomfield. All rights reserved.

Allan R. Bloomfield 118-21 Queens Boulevard, Suite 617 Forest Hills, NY 11375 Phone: 718-544-0500

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.

We are a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy.