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Kansas, KS Bankruptcy Exemptions

BANKRUPTCY EXEMPTIONS ARE NOTAVAILABLE.
All law references are to Kansas Bankruptcy Code.

All property of the debtor at the time of the filing for bankruptcy (and certain other property to be received in the future) becomes the property of the bankruptcy estate once bankruptcy is filed. This means that the bankruptcy trustee will take control of this property for purposes of satisfying the creditors. HOWEVER, there is certain property which is either excluded or exempt which the debtor will be able to keep. Property or asset exemption are determined based upon your specific situation, personal income and the individual laws of your state.

The best way to determine which property you will be entitled to keep requires a detailed analysis of your unique and personal situation. Although the following Federal and State Bankruptcy Asset Exemption is provided for your information, we highly recommend Finding a Good Bankruptcy Attorney to help guide you through the Bankruptcy Process.

Kansas Bankruptcy Exemptions

ASSET EXEMPTION DESCRIPTION LAW SECTION

HOMESTEAD

Real property or mobile home you occupy or intend to occupy to unlimited value; property cannot exceed 1 acre in town or city, 160 acres on farm,You must occupy or intend to occupy the property at the time you file for bankruptcy.

60-2301

Constitution 15-9

INSURANCE

Fraternal life insurance benefits

60-2313

Life insurance proceeds or cash value deposited into a bank account (not exempt if deposited within 1 year of filing for bankruptcy)

60-2313

Life insurance proceeds

40-414

Disability and illness benefits

60-2313

MISCELLANEOUS

Liquor licenses

60-2313

Alimony, maintenance and support.

60-2312

PENSIONS

Elected and appointed officials in cities with population between 120,000 and 200,000

13-14a10

ERISA-qualified benefits

60-2038(b)

Federal government pension needed for support and received within 3 months prior to filing bankruptcy

60-2038

Firefighters

12-5005(e), 14-10a10

Judges

20-2618

Police officers

12-5005(e), 13-14a10

Public employees

74-4923, 74-49, 105

State highway patrol officers

74-4978g

State school employees

72-5526

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

60-2312

Tax exempt retirement accounts; Traditional and Roth IRAs up to $1,095,000 per person

11 U.S.C. ยง 522

PERSONAL PROPERTY

Burial plot or crypt

60-2304(d)

Clothing to last 1 year

60-2304(a)

Food and fuel to last 1 year

60-2304(a)

Funeral plan prepayments

16-310(d)

Furnishings and household equipment

60-2304(a)

Jewelry and articles of adornment to $1,000

60-2304(b)

Motor vehicle to $20,000; if designed or equipped for disabled persons, no limit

60-2304(c)

PUBLIC BENEFITS

AFDC, general assistance, social welfare

39-717

Crime victims’ compensation

60-2313

Unemployment compensation

60-2313

Workers’ compensation

60-2313

Veteran's benefits; social security.

60-2313

TOOLS OF TRADE

Books, documents, furniture, instruments, equipment, breeding stock, seed, grain and stock to $7,500 total

60-2304(e)

National Guard uniforms, arms and equipment

48-245

WAGES

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

60-2310

WILD CARD

NONE