Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Dec 22, 2010 |
approval memo.38 signed chap.568 |
Dec 15, 2010 |
delivered to governor |
Jul 01, 2010 |
returned to senate passed assembly ordered to third reading cal.663 substituted for a8735a |
Jun 23, 2010 |
referred to judiciary delivered to assembly passed senate |
Apr 19, 2010 |
advanced to third reading |
Apr 14, 2010 |
2nd report cal. |
Apr 13, 2010 |
1st report cal.380 |
Mar 15, 2010 |
print number 7034a |
Mar 15, 2010 |
amend and recommit to codes |
Mar 09, 2010 |
referred to codes |
Senate Bill S7034
Signed By Governor2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
2009-S7034 - Details
- See Assembly Version of this Bill:
- A8735
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§5205 & 5206, add §5253, CPLR; amd §§282 & 283, add §285, D & C L
2009-S7034 - Sponsor Memo
BILL NUMBER: S7034 TITLE OF BILL : An act to amend the civil practice law and rules, in relation to increasing the property values which are exempt from the satisfaction of a money judgment; and to amend the debtor and creditor law, in relation to increasing the exemptions in bankruptcy PURPOSE : Increases the amount of exemptions in bankruptcy proceedings, money judgments, provides a choice between the state and federal exemptions and institutes a COLA for these amounts. SUMMARY OF PROVISIONS : This bill would increase the level of certain exemptions from the satisfaction of a money judgment. In addition to the increases, it would add one computer, one cell phone and one motor vehicle worth up to $4,000 to the list. If such vehicle was equipped for use by a disabled person, the limit would be $10,000. The money judgment exemption for the motor vehicle would not apply if the debt enforced is for child support, spousal support, maintenance or alimony. It would increase the homestead exemption value of a home under Section
2009-S7034 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7034 I N S E N A T E March 9, 2010 ___________ Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the civil practice law and rules, in relation to increasing the property values which are exempt from the satisfaction of a money judgment; and to amend the debtor and creditor law, in relation to increasing the exemptions in bankruptcy THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 5205 of the civil practice law and rules, the opening paragraph as amended by chapter 129 of the laws of 1976 and paragraph 5 as amended by chapter 697 of the laws of 1976, is amended to read as follows: (a) Exemption for personal property. The following personal property when owned by any person is exempt from application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity: 1. all stoves AND HOME HEATING EQUIPMENT kept for use in the judgment debtor's dwelling house and necessary fuel therefor for [sixty] ONE HUNDRED TWENTY days; one sewing machine with its appurtenances; 2. [the family bible] RELIGIOUS TEXTS, family pictures AND PORTRAITS, and school books used by the judgment debtor or in the family; and other books, not exceeding [fifty] FIVE HUNDRED dollars in value, kept and used as part of the family or judgment debtor's library; 3. a seat or pew occupied by the judgment debtor or the family in a place of public worship; 4. domestic animals with the necessary food for those animals for [sixty] ONE HUNDRED TWENTY days, provided that the total value of such animals and food does not exceed [four hundred fifty] ONE THOUSAND dollars; all necessary food actually provided for the use of the judg- ment debtor or his family for [sixty] ONE HUNDRED TWENTY days; 5. all wearing apparel, household furniture, one mechanical, gas or electric refrigerator, one radio receiver, one television set, ONE COMPUTER AND ASSOCIATED EQUIPMENT, ONE CELLPHONE, crockery, tableware EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2009-S7034A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8735
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§5205 & 5206, add §5253, CPLR; amd §§282 & 283, add §285, D & C L
2009-S7034A (ACTIVE) - Summary
Increases the amounts of certain real and personal property that are exempt from money judgments and bankruptcy; provides a choice between claiming the state or federal exemptions in such instances; provides for cost of living adjustments in such amounts every three years.
2009-S7034A (ACTIVE) - Sponsor Memo
BILL NUMBER: S7034A TITLE OF BILL : An act to amend the civil practice law and rules, in relation to increasing the property values which are exempt from the satisfaction of a money judgment; and to amend the debtor and creditor law, in relation to increasing the exemptions in bankruptcy PURPOSE : Increases the amount of exemptions in bankruptcy proceedings, money judgments, provides a choice between the state and federal exemptions and institutes a COLA for these amounts. SUMMARY OF PROVISIONS : This bill would increase the level of certain exemptions from the satisfaction of a money judgment. In addition to the increases, it would add one computer, one cell phone and one motor vehicle worth up to $4,000 to the list. If such vehicle was equipped for use by a disabled person, the limit would be $10,000. The money judgment exemption for the motor vehicle would not apply if the debt enforced is for child support, spousal support, maintenance or alimony. It would increase the homestead exemption value of a home under Section
2009-S7034A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7034--A I N S E N A T E March 9, 2010 ___________ Introduced by Sen. SCHNEIDERMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the civil practice law and rules, in relation to increasing the property values which are exempt from the satisfaction of a money judgment; and to amend the debtor and creditor law, in relation to increasing the exemptions in bankruptcy THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (a) of section 5205 of the civil practice law and rules, the opening paragraph as amended by chapter 129 of the laws of 1976 and paragraph 5 as amended by chapter 697 of the laws of 1976, is amended to read as follows: (a) Exemption for personal property. The following personal property when owned by any person is exempt from application to the satisfaction of a money judgment except where the judgment is for the purchase price of the exempt property or was recovered by a domestic, laboring person or mechanic for work performed by that person in such capacity: 1. all stoves AND HOME HEATING EQUIPMENT kept for use in the judgment debtor's dwelling house and necessary fuel therefor for [sixty] ONE HUNDRED TWENTY days; one sewing machine with its appurtenances; 2. [the family bible] RELIGIOUS TEXTS, family pictures AND PORTRAITS, and school books used by the judgment debtor or in the family; and other books, not exceeding [fifty] FIVE HUNDRED dollars in value, kept and used as part of the family or judgment debtor's library; 3. a seat or pew occupied by the judgment debtor or the family in a place of public worship; 4. domestic animals with the necessary food for those animals for [sixty] ONE HUNDRED TWENTY days, provided that the total value of such animals and food does not exceed [four hundred fifty] ONE THOUSAND dollars; all necessary food actually provided for the use of the judg- ment debtor or his family for [sixty] ONE HUNDRED TWENTY days; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11373-06-0
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