Kansas Bankruptcy Exemptions
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Like all states, Kansas has its own set of exemptions that you may use when filing for Chapter 7 or Chapter 13 bankruptcy. Exemptions determine what property (such as a home, car, instrument, retirement account, etc.) you may keep in a Chapter 7 bankruptcy, and how much you must pay to certain creditors in Chapter 13 bankruptcy. Some states allow debtors to choose between the state exemption system and a set of federal bankruptcy exemptions – but Kansas is not one of them. In Kansas, you must use the state exemptions below. (However, you can use the exemptions in 11 U.S.C. 522(d)(10). See K.S.A. 60-2312(b).) In addition to this list, you may also use any applicable amounts in the federal nonbankruptcy exemptions.
Unless noted otherwise, if a couple is married and filing jointly in Kansas, each spouse may claim the full amount of each exemption. This is informally called “doubling.”
To learn more about bankruptcy exemptions, including how they work, which state exemption system you should use, and special rules for the homestead exemption, see Bankruptcy Exemptions – What Can I Keep When I File for Bankruptcy?
Kansas Bankruptcy Exemptions
Unless otherwise noted, all law references are to the Kansas Statutes Annotated.
60-2301 - Real property, manufactured home, or mobile home of unlimited value, but can't exceed 1 acre in a city or town, or 160 acres on a farm. You must occupy or intend to occupy the property at the time you file for bankruptcy. (Also refer to "Const. 15-9").
60-2304 - Motor vehicle up to $20,000 (no limit if equipped or designed for a disabled person); clothing to last 1 year; household equipment and furnishings; food and fuel to last 1 year; jewelry and articles of adornment up to $1,000; burial plot.
60-2315 Earned income tax credits.
16-310 - Funeral plan prepayments.
60-2310 - The greater of the following: 30 times the federal minimum hourly wage per week or minimum of 75% of disposable weekly wages. Judge may approve more for low income debtor.
(In re Urban, 262 BR 865 (Bankr. D. kan. 2001).)
11 U.S.C. § 522 - Tax exempt retirement accounts (including 401(k)s, 403(b)s, profit-sharing and money purchase plans, SEP and SIMPLE IRAs, and defined benefit plans).
11 U.S.C. § 522(b)(3)(C)(n) - IRAS and Roth IRAs to $1,171,150.
12-5005 - Police officers and firefighters.
13-14a10 - Elected and appointed officials in cities with populations of between 120,000 and 200,000.
20-2618 - Judges.
60-2308 - Federal government pension needed for support and received within 3 months prior to filing bankruptcy; ERISA¬qualified benefits.
60-2312 - Payments under pensions, profit sharing, or other contracts of the like on the account of illness, disability, death, age, or length of service as needed for support.
72-5526 - State school employees.
74-4923 - Public employees.
74-4978g - State highway patrol officers.
39-717 - General assistance.
60-2315 - Earned income tax credit.
60-2312 - Veteran's benefits; social security.
60-2313 - Unemployment and worker's compensation; crime victim's compensation.
Tools of Trade
48-245 - National guard uniforms, arms, and equipment.
60-2304 - Equipment, instruments, furniture, books, documents, breeding stock, seed, stock, and grain up to $7,500 total.
40-414 - Life insurance proceeds.
60-2313 - Life insurance proceeds or cash value deposited into a bank account (not exempt if deposited within 1 year of filing for bankruptcy); disability and illness benefits; fraternal benefit society benefits.
60-2313 - Liquor licenses.
60-2312 - Alimony, maintenance and support.
Add any applicable Federal Nonbankruptcy Exemptions.
This list includes the majority of bankruptcy exemptions available in Kansas. However, it may not include all exemptions, and states often create exceptions to specific exemptions. In addition, Kansas may have changed the amounts since this list was last updated in June of 2011. Consider cross-checking this list with www.legalconsumer.com, which updates the state exemption amounts regularly, or check with your local bankruptcy court.