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ADA Claim not exempt in New York: In re: Graci

Posted by: Peter Scribner
November 17, 2009
Topic: Casenotes: 2008 WDNY Bankruptcy cases

In re: Graci (Bk #05-18224; Decision September 23, 2008; Judge Bucki, Buffalo). When this debtor filed bankruptcy, she was litigating a claim under Americans with Disabilities Act (42 USC Sect. 12101 et sec.). In New York, a debtor can exempt (that is, keep free and clear from creditors) up to $7,500.00 of a claim for a personal injury. Judge Bucki ruled that an ADA claim is not exempt as a personal injury claim.

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