kansas Bankruptcy Exemptions

Federal bankruptcy exemptions are not available in Kansas. The State of Kansas does offer its own exemptions for those who file for bankruptcy. Any property that falls into one of the exemption categories below, up to the dollar amount listed, can be exempt in the bankruptcy process. You will be able to keep this exempted property after you file bankruptcy.

There are certain debts, which you will not be able to erase in bankruptcy. For instance, if a property is secured by a loan and you are current on the payments, the equity is covered by your exemptions. If you choose to keep making payments on the property, you generally can keep this property through the bankruptcy. The trustee may elect to liquidate the assets and distribute the assets if the equity is over the exempted amount.

Married couples filing jointly can each claim a full set of exemptions, unless otherwise noted. To keep non-exempt property, a debtor must generally pay the trustee the value of the non-exempt property.

Assets

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.

Insurance: Disability and illness benefits, Fraternal benefit insurance benefits, Life insurance proceeds, cash value of life insurance; not exempt if obtained within one year prior to bankruptcy with fraudulent intent. Life insurance proceeds if clause prohibits proceeds from being used to pay beneficiary’s creditors

Pensions: 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. Traditional and ROTH IRAs to $1,095,000 per person, Elected officials and appointed officials in cities with populations between 120,000 and 200,000, ERISA-qualified benefits, Federal government pensions needed for support and paid within three months of filing for bankruptcy (only payments being received), Firefighters, Judges, Police Officers, Public employees, State highway patrol officers, State school employees Payment under a stock bonus, pensions, profit-sharing, annuity, or similar plan or contract on account of illness, disability, death, age or length of service, to the extent reasonably necessary for support.

Personal Property: Clothing to last 1 year, Food and fuel to last 1 year, Burial plot or crypt, Funeral plan prepayments, Furnishings and household equipment, Jewelry and articles of adornment to $1,000, Motor vehicle to $20,000; if designed or equipped for disabled person, no limit

Miscellaneous: Alimony, maintenance, and support, Liquor licenses, Business partnership property

Public Benefits: Crime victims’ compensation, General assistance, Social Security, Unemployment compensation, Veterans’ benefits, Workers’ compensation, AFDC, Social welfare

Wages: Minimum of 75% of disposable weekly wages or 30 times the federal minimum, hourly wage per week, whichever is greater; bankruptcy judge may approve more for low-income families

Tools of Trade: Documents, furniture, books, equipment, instruments, breeding stock, seed, grain and stock to $7,500 total, National Guard uniforms, arms and equipment

Wildcard: None

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