March 29, 2017
Like all states, Kansas has its own set of exemptions that you can use when filing for 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) and any applicable amounts in the federal nonbankruptcy exemptions.)
If a couple is married and filing jointly in Kansas, each spouse may claim the full exemption amount. This is informally called “doubling.”
To learn more about bankruptcy exemptions, see Bankruptcy Exemptions – What Can I Keep When I File for Bankruptcy?
Unless otherwise noted, all law references are to the Kansas Statutes Annotated.
60-2301 - Real estate, manufactured home, or mobile home that you use as your residence of unlimited value. The acreage is limited to 1 acre in a city or town, or 160 acres on a farm.
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. A bankruptcy judge can approve a higher amount for low-income debtor.
60-2308 - 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), IRAS and Roth IRAs to $1,283, 025. (Also, see 11 U.S.C. § 522.)
12-5005 - Police officers and firefighters.
20-2618 - Judges.
72-5526 - State school employees.
74-4923 - Public employees.
74-4978g - State highway patrol officers.
39-717 - General assistance.
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.
41-326 - Liquor licenses.
Add any applicable Federal Nonbankruptcy Exemptions.
This list includes the majority of bankruptcy exemptions available in Kansas. However, it does 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.