Section 283. Aggregate individual bankruptcy exemption for certain annuities and personal property  


Latest version.
  • 1. General application. The aggregate amount the
      debtor may exempt from the property of the estate for personal  property
      exempt  from  application  to the satisfaction of a money judgment under
      subdivision (a) of section fifty-two hundred five of the civil  practice
      law  and  rules  and  for  benefits,  rights, privileges, and options of
      annuity contracts described in the following sentence shall  not  exceed
      five  thousand  dollars.  Annuity  contracts  subject  to  the foregoing
      limitation are those that are: (a) initially  purchased  by  the  debtor
      within  six  months of the debtor's filing a petition in bankruptcy, (b)
      not described in any paragraph of section eight hundred five (d) of  the
      Internal  Revenue  Code  of  nineteen  hundred  fifty-four,  and (c) not
      purchased by application of proceeds under settlement options of annuity
      contracts purchased more than six months before the  debtor's  filing  a
      petition  in  bankruptcy  or  under settlement options of life insurance
      policies.
        2.  Contingent  alternative  bankruptcy   exemption.   Notwithstanding
      section  two  hundred eighty-two of this article, a debtor, who (a) does
      not elect, claim, or otherwise avail himself of an  exemption  described
      in  section  fifty-two  hundred six of the civil practice law and rules;
      (b) utilizes to the fullest extent permitted by law as applied  to  said
      debtor's property, the exemptions referred to in subdivision one of this
      section  which  are subject to the five thousand dollar aggregate limit;
      and (c) does not reach such aggregate limit,  may  exempt  cash  in  the
      amount  by  which  five  thousand  dollars  exceeds the aggregate of his
      exemptions referred to in subdivision one of  this  section  or  in  the
      amount  of  two thousand five hundred dollars, whichever amount is less.
      For purposes of this subdivision, cash  means  currency  of  the  United
      States  at face value, savings bonds of the United States at face value,
      the right to receive a refund of federal, state and local income  taxes,
      and  deposit  accounts  in  any  state or federally chartered depository
      institution.