New York Assembly Bill A07940

New York 2025-2026 Regular Session

• Introduced: 4/16/25
• Refer: 4/16/25

Caption

Relates to the calculation of the homestead exemption amount; relates to the indexing of the homestead exemption for housing value changes; increases the amount of the motor vehicle exemption; limits the homestead exemption available to bankruptcy debtors to one exemption per household; increases the motor vehicle exemption available in bankruptcy proceedings.

Impact

The bill's provisions reflect a significant change in how state law protects vulnerable populations, particularly those facing financial difficulties. By increasing the homestead exemption, the legislation targets the need for stronger protections for family residences against liquidation in bankruptcy cases. This adjustment could aid in minimizing housing insecurity, ensuring that individuals and families can retain their homes even when facing severe financial challenges. Furthermore, with the proposed adjustments to motor vehicle exemptions, those affected by the new regulations would be better able to maintain necessary transportation for work and daily life, preserving their ability to regain financial stability.

Summary

Bill A07940 aims to amend New York's civil practice law and rules with respect to homestead exemptions and motor vehicle exemptions for debtors in bankruptcy proceedings. The legislation proposes an increase in the homestead exemption amount, thereby providing greater protection for primary residences against creditors' claims. Specifically, the bill raises the homestead exemption to $600,000 in certain counties, while also adjusting related motor vehicle exemptions. This means that debtors would have a larger threshold of property value that remains sheltered from creditors during bankruptcy, leading to potentially less financial hardship during these proceedings.

Contention

One of the notable points of contention that may arise from this bill is the balance between protecting debtor rights and the interests of creditors. Increasing exemptions may be opposed by creditors who argue that it makes debt recovery more difficult, thereby impacting their ability to recoup losses. In legislative discussions, stakeholders may debate the potential for fostering a culture of fiscal irresponsibility among debtors at the expense of rightful claims by creditors, weighing the need for financial protection against principles of accountability in debt repayment.