KANSAS BANKRUPTCY LAW

Kansas Bankruptcy: Attorneys, Statistics, Exemptions and Courts.

Kansas Bankruptcy Statistics: In Kansas, in 2009, 10,996 bankruptcies were filed. Business bankruptcies accounted for 389 or 3.54% and personal bankruptcies accounted for 10,607 or 96.46% of the total filings.

Kansas State Bankruptcy Exemptions:

Homestead

The home (“homestead”) exemption is unlimited in amount if the debtor occupies the property, but, only up to 1 acre in a town or city or 160 acres on a farm. Kansas defines “homestead” to include real property and mobile homes the debtor intends to occupy.

Personal Property

The following expenses or items are exempt in their entirety in Kansas:

1. Burial plot
2. Funeral plan prepayments
3. Furnishings and household equipment

The following expenses or items are exempt up to a specified limit in Kansas:

1. Motor Vehicles are limited to $20,000 unless the motor vehicle is designed or equipped for a disabled person, in which case there is no limit
2. Clothing to last for up to one year
3. Fuel and food to last for up to one year
4. Jewelry is limited to $1,000

Pension

The following individuals’ and their survivors’ pension benefits are exempt when filing for bankruptcy in Kansas:

1. Firefighters
2. Police officers
3. Elected and appointed officials in cities with populations between 120,000 to 200,000
4. Judges li>Public employees
5. School employees
6. State highway patrol officers

The following pension types are exempt or partially exempt when filing for bankruptcy in Kansas:

1. Federal government pension needed for support-if paid within 3 months of filing for bankruptcy
2. ERISA qualified benefits (IRAs and Roth IRAs)
3. Annuities, stock paying, bonus, profit sharing plans or contracts if based on illness, disability, death, age, length of service-to the extent reasonably necessary for support

Insurance

The following insurance types are entirely or partially exempt when filing for bankruptcy in Kansas:

1. Life insurance proceeds
2. Cash value of life insurance (unless obtained within 1 year before filing for bankruptcy, with fraudulent intent)
3. Disability or illness benefits
4. Fraternal society benefits

Public Benefits

The following public benefits are exempt when filing for bankruptcy in Kansas:

1. Crime victims’ compensation
2. General assistance
3. Unemployment compensation
4. Workers’ compensation
5. Veterans’ benefits
6. Social Security

Tools of the trade

This is a separate exemption. The following items have been considered tools of the trade in the state of Kansas:

1. For members of the National Guard—uniforms, arms, and equipment
2. Books and documents, furniture, instruments, equipment, breeding stock, seed, grain and stock-limited to a total of $7,500

Wages

In Kansas, the greater of 75% or more of disposable weekly earnings, or thirty times the federal minimum wage.

Miscellaneous

The following miscellaneous benefits are exempt when filing for bankruptcy in Kansas:

1. Child support
2. Alimony
3. Liquor licenses

Wildcard: No.

Federal Exemptions: No, debtors are not allowed to take federal exemptions when filing for bankruptcy in Kansas.

Kansas Bankruptcy Court:

United States Bankruptcy Court, District of Kansas