Kansas law protects all or a portion of your property from being seized by creditors or the bankruptcy trustee in a Chapter 7 bankruptcy. In a Chapter 13 bankruptcy, you are generally allowed to keep all of your assets and property. Certain exceptions may apply, so it’s wise to consult with a Kansas bankruptcy attorney to find which of your assets will be protected in a bankruptcy filed in Kansas. In general, the major Kansas bankruptcy exemptions include:
|GENERAL KANSAS EXEMPTIONS|
|Real Estate (the Homestead Exemption)
160 acres of farming land, or one acre located in a city or incorporated area, or a manufactures or mobile home if occupied as a residence may be protected.:A provision in the new bankruptcy law caps the homestead exemption at $125,000 if you have not lived in the state for at least 40 months prior to the time you file a bankruptcy petition. In some situations, the cap may be permanent. You should consult with a Kansas bankruptcy attorney for specific information.
Up to $20,000 of equity in an automobile or other means of conveyance (no monetary limit for disabled persons) can be protected.
Furnishings, equipment and supplies, including food, fuel and clothing; $1,000 of jewelry; a burial plot or crypt; and books, documents, furniture, instruments, tools, implements and equipment, the breeding stock, seed grain or growing plants stock, and other tangible means of production in an aggregate value not to exceed $7,500. $500 exemption for bank accounts.
|View the complete list of Kansas bankruptcy exemptions|
Please remember that this page provides general information only, and is not intended to provide legal advice. The information is not a substitute for the advice of a qualified bankruptcy attorney. If you need legal assistance, consult an attorney.
Generally, the laws of the state in which you lived for the 730 days (2 years) prior to filing a bankruptcy petition will apply in your bankruptcy.
If you have not lived in the same state for the 2 years immediately prior to filing your bankruptcy petition, the laws of the state in which you lived for the majority of the 180-day period preceding the 2-year period will likely apply.
If application of the preceding general rules renders you ineligible for exemptions under any state’s laws, you may be allowed to choose the federal exemptions applicable in your bankruptcy.
No, Kansas is not a community property state. Because it is not a community property state, you will be responsible for your spouse’s debts only if you voluntarily assumed those debts by, for example, co-signing on a loan given to your spouse. In a non-community property state, one spouse can file for bankruptcy and be eligible to eliminate all of their unsecured debts without the involvement of the other spouse.
Following years of intense lobbying by creditors, Congress passed the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA). How did your Senators vote on these largely pro-creditor provisions?
Brownback (R-KS) — YEA
Roberts (R-KS) — YEA
167 U.S. Courthouse
401 N. Market
Wichita, KS. 67202
240 U.S. Courthouse
444 S.E. Quincy
Topeka, KS. 66683
161 U.S. Courthouse
500 State Ave.
Kansas City, KS. 66101
Note: You may not have to actually go to one of the above bankruptcy courts. Trustees often conduct your meeting at a local venue.
Although bankruptcy is federal law, the bankruptcy courts in each jurisdiction have local rules that must be followed. A local bankruptcy attorney will be familiar with the specific rules in your area.