Bankruptcy Exemptions in Kansas
What property you can keep in bankruptcy in Kansas: homestead, vehicle, wildcard and retirement exemptions, and whether you can choose the federal exemptions.
Short answer: Kansas filers must use Kansas exemptions; no individual debtor may elect the federal exemption list. Kansas does allow filers to add the federal benefits exemption in 11 U.S.C. K.S.A. 60-2312(a)-(b)
| State or federal exemptions | Kansas filers must use Kansas exemptions; no individual debtor may elect the federal exemption list. Kansas does allow filers to add the federal benefits exemption in 11 U.S.C. 522(d)(10) (Social Security, unemployment, disability, alimony/support and certain pension payments) on top of state exemptions. Source: K.S.A. 60-2312(a)-(b) |
|---|---|
| Homestead exemption | No dollar limit. Up to 160 acres of farming land, or one acre within an incorporated town or city, or a manufactured or mobile home, occupied as a residence by the owner or the owner's family. Does not protect against taxes, purchase-money obligations or improvement liens. Federal law (11 U.S.C. 522(p)) can cap a homestead interest acquired within 1,215 days before filing. Source: K.S.A. 60-2301 |
| Car exemption | The debtor's interest in one means of conveyance regularly used for transportation (including to and from work), up to $20,000; no value limit for a vehicle designed or equipped for a person with a disability. Source: K.S.A. 60-2304(c) |
| Wildcard exemption | None. Kansas's personal property exemptions (K.S.A. 60-2304) cover specific property types; no general exemption for property of the filer's choosing was found. Source: K.S.A. 60-2304 |
| Retirement accounts | Money or assets in, or payable from, retirement plans qualified under Internal Revenue Code sections 401(a), 403(a), 403(b), 408, 408A or 409 are exempt from all creditors and are treated as spendthrift trusts; not exempt against alternate payees under a qualified domestic relations order or certain child support orders. Federal pension money received within three months is also protected if needed for support. Source: K.S.A. 60-2308(a)-(c) |
| Wages | Garnishment may not exceed the lesser of 25% of weekly disposable earnings, the amount above 30 times the federal minimum hourly wage, or the creditor's claim. This is the garnishment limit, not a separate bankruptcy wage exemption. Source: K.S.A. 60-2310(b) |
More Kansas bankruptcy
FAQ
Can you use the federal bankruptcy exemptions in Kansas?
Kansas filers must use Kansas exemptions; no individual debtor may elect the federal exemption list. Kansas does allow filers to add the federal benefits exemption in 11 U.S.C. 522(d)(10) (Social Security, unemployment, disability, alimony/support and certain pension payments) on top of state exemptions.
How much home equity is protected in bankruptcy in Kansas?
No dollar limit. Up to 160 acres of farming land, or one acre within an incorporated town or city, or a manufactured or mobile home, occupied as a residence by the owner or the owner's family. Does not protect against taxes, purchase-money obligations or improvement liens.
Can I keep my car in bankruptcy in Kansas?
The debtor's interest in one means of conveyance regularly used for transportation (including to and from work), up to $20,000; no value limit for a vehicle designed or equipped for a person with a disability.
Does Kansas have a wildcard exemption?
None. Kansas's personal property exemptions (K.S.A. 60-2304) cover specific property types; no general exemption for property of the filer's choosing was found.
Are retirement accounts protected in bankruptcy in Kansas?
Money or assets in, or payable from, retirement plans qualified under Internal Revenue Code sections 401(a), 403(a), 403(b), 408, 408A or 409 are exempt from all creditors and are treated as spendthrift trusts; not exempt against alternate payees under a qualified domestic relations order or certain child support orders. Federal pension money received within three months is also protected if needed for support.
Are wages protected in bankruptcy in Kansas?
Garnishment may not exceed the lesser of 25% of weekly disposable earnings, the amount above 30 times the federal minimum hourly wage, or the creditor's claim.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.