Kansas Bankruptcy Exemptions Protect Your Property
Non-exempt property is property the trustee in a Chapter 7 case can sell for the benefit of creditors. In a Chapter 13, non-exempt property sets the minimum amount that must be paid to unsecured creditors during the plan. Exemptions allow debtors to keep some property safe during their bankruptcy.
The exemptions on this page represent the most common exemptions used by debtors. The homestead exemption has certain residency requirements that debtors need to be aware of before filing a bankruptcy case. The personal property exemptions available to debtors are also determined by residency length. Arrange a free initial bankruptcy consultation with your Kansas City Bankruptcy Attorney today to determine how these exemptions apply to your individual situation.
Kansas Bankruptcy Exemptions(Property you can keep)
ASSET | EXEMPTION | STATUTE |
Homestead | No monetary limit. One acre inside city limits or 160 acres outside city limits. | 60-2301 |
Household goods, clothing, food, and fuel to last 1 year | No monetary limit. | 60-2304 |
Jewelry | $1,000 limit per debtor. | 60-2304 |
Vehicle | 1 vehicle per debtor. $20,000 equity limit per vehicle used as main means of conveyance. No equity limit if equipped for disabled person. | 60-2304 |
Burial plot | No monetary limit. | 60-2304 |
Tools of Trade | $7,500 limit per debtor. | 60-2304 |
Life Insurance | No monetary limit if purchased over one year before filing. | 60-2313; 40-414 |
Worker’s Compensation | No monetary limit. | 60-2313; 44-514 |
Retirement Benefits (ERISA qualified) | No monetary limit. | 60-2308 |
Public Employee Retirement | No monetary limit. | 74-4923 |
Public Assistance Benefits | No monetary limit. | 60-2313; 39-717 |
Unemployment Benefits | No monetary limit. | 60-2313 |
Crime Victim Compensation | No monetary limit. | 60-2313; 74-7313 |
Liquor License | No limit. | 60-2313; 41-326 |
Fraternal Benefits | No monetary limit. | 60-2313 |
Cemetery Merchandise Trust | No monetary limit. | 60-2313 |
Prepaid Funeral | No monetary limit. | 60-2313; 16-310 |
Social Security Benefit | No monetary limit. | 60-2312; U.S.C. 522(d)(10) |
Veteran’s Benefit | No monetary limit. | 60-2312; U.S.C. 522(d)(10) |
Disability Benefit | No monetary limit. | 60-2312; U.S.C. 522(d)(10) |
Maintenance or child support | To the extent reasonably necessary for the support of the debtor and any dependent of the debtor. | 60-2312; U.S.C. 522(d)(10) |
All legal references are to Kansas Statutes Annotated unless otherwise stated. U.S.C. legal references are under Title 11.