Kansas Bankruptcy Exemptions

You can protect property in a Kansas bankruptcy using the Kansas bankruptcy exemption laws.

February 8, 2019

You won’t lose everything when filing for bankruptcy in Kansas. You’ll be able to use the Kansas bankruptcy exemptions to protect the things you’ll need to work and live, such as your home, personal items, and a retirement account.

Learn more in Filing Bankruptcy in Kansas.

Kansas Exemptions v. Federal Bankruptcy Exemptions

Some states allow residents to choose between the state and the federal bankruptcy exemptions, but that option isn’t available in Kansas. You’ll use Kansas state exemptions and, if helpful, the federal nonbankruptcy exemptions.

Common Kansas Bankruptcy Exemptions

Here are some of the more common exemptions in Kansas. When reviewing them, you’ll want to keep these things in mind:

  • Joint filing. Unless otherwise noted, when spouses file together in Kansas, each spouse can claim the full amount of the exemption (informally called “doubling”) as long as each spouse has an ownership interest in the property.
  • List and verify your exemptions. You must claim an exemption by listing it in the official bankruptcy forms. You might qualify for exemptions not included in this article, or be required to meet qualification requirements. Consulting with a local bankruptcy attorney is the best way to ensure that you’re protecting your assets.
  • Legal citations. You’ll find each of the statutes in the Kansas Statutes Annotated or the federal law.

Kansas Homestead Exemption

60-2301 - You can protect real estate, a manufactured home, or mobile home that you use as your residence. The value is unlimited; however, the acreage can’t exceed one acre in a city or town or 160 acres on a farm.

Kansas Motor Vehicle Exemption

60-2304 - Equity in a motor vehicle up to $20,000.

Kansas Wildcard Exemption

None.

Other Kansas Exemptions

Personal Property

60-2304 - One year’s worth of clothing; reasonably necessary household equipment and furnishings; one year’s worth of food and fuel; jewelry and articles of adornment up to $1,000; burial plot.

60-2315 - Earned income tax credits.

16-310 - Funeral plan prepayments.

Pensions

60-2308; 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), IRAS and Roth IRAs to the maximum amount. (This amount is set by federal law. See Federal Bankruptcy Exemptions for updates on this dollar amount.)

12-5005 - Police officers and firefighters.

20-2618 - Judges.

72-5526 - State school employees.

74-4923 - Public employees.

74-4978g - State highway patrol officers.

Public Benefits

39-717 - General assistance.

60-2313 - Unemployment and worker's compensation; crime victim's compensation.

Tools of the 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.

Insurance

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.

Other

41-326 - Liquor licenses.

Add any applicable federal nonbankruptcy exemptions.

Nonexempt Property—Property You Can’t Protect With a Kansas Exemption

Some people can keep all assets, but that isn’t always true. Here’s what will happen to nonexempt property:

  • In a Chapter 7 bankruptcy, the bankruptcy trustee appointed to administer your case will sell nonexempt property and distribute the proceeds to creditors. Find out more about the bankruptcy process and the Chapter 7 documents you'll need at each stage.
  • In Chapter 13 bankruptcy, it works differently. You can keep everything you own, but you’ll pay creditors the value of the nonexempt property, your disposable income, or your nondischargeable debt (support obligations, most taxes, and the like), whichever is more, through your Chapter 13 repayment plan.

You’ll learn more about Chapter 7 and 13 in Which Type of Bankruptcy is Right for Me?

Confirming Kansas Exemptions

This list includes the majority of bankruptcy exemptions available in Kansas. However, doesn’t include all exemptions. Also, states often create qualification requirements for specific exemptions, and Kansas might have changed the amounts since this list was last updated. Check the Kansas Statutes Annotated or with a local bankruptcy lawyer.

To learn more about bankruptcy exemptions, the state exemption system, and the homestead exemption rules, read Bankruptcy Exemptions – What Can I Keep When I File for Bankruptcy?

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