Kansas is an opt-out state, meaning most filers must use **Kansas**-specific exemptions when declaring bankruptcy (though certain federal protections may apply). Below is a summary of **common Kansas exemptions** with references to relevant statutes. Always confirm details with a **licensed attorney** or the **official code**, as laws and interpretations can change.
Asset / Type of Property | Exemption Description | Statute / Code | Notes |
---|---|---|---|
Homestead | Real property or mobile home of **unlimited value**, up to1 acre in a town/city or160 acres on a farm. | Kan. Const. art. 15, § 9; K.S.A. 60-2301 | One of the broadest homestead exemptions in the U.S. |
Fraternal Life Insurance Benefits | Fully exempt. | K.S.A. 40-414(a) | |
Life Insurance Forfeiture Value (Policy issued over 1 Year Old at time of filing) | Exempt if the policy was issued **over 1 year** before bankruptcy. | K.S.A. 40-414(b) | |
Life Insurance Proceeds (Anti-Creditor Clause) | Exempt if policy prohibits using proceeds for beneficiary’s creditors. | K.S.A. 40-414(a) | |
Liquor Licenses | Generally exempt from seizure. | K.S.A. 41-326 | |
Property of Business Partnership | Exempt from individual partner’s creditors. | K.S.A. 56-325 | |
Elected/Appointed Officials (Cities 120k–200k pop.) | Exempt retirement benefits. | K.S.A. 13-14,102 | |
ERISA-Qualified Benefits | Generally fully exempt from creditors. | K.S.A. 60-2038(b) | |
Federal Government Pension (Needed for Support, 3 Months) | Only payments being received within 3 months of filing. | K.S.A. 60-20338(a) (Possible citation fix?) | |
Firefighters | Exempt pension benefits. | K.S.A. 12-5005(e), 14-10a10 | |
Judges | Exempt retirement benefits. | K.S.A. 20-2618 | |
Police Officers | Exempt benefits. | K.S.A. 12-5005(e), 13-14a10 | |
Public Employees | Exempt retirement (KPERS, etc.). | K.S.A. 74-4923, 74-49,105 | |
State Highway Patrol Officers | Exempt pension benefits. | K.S.A. 74-4978g | |
State School Employees | Exempt retirement benefits. | K.S.A. 72-5526 | |
Burial Plot or Crypt | Fully exempt. | K.S.A. 60-2304(d) | |
Clothing, Food, Fuel | To last **1 year** for the family. Also includes household furnishings/equipment. | K.S.A. 60-2304(a) | Items reasonably needed for the year ahead. |
Funeral Plan Prepayments | Exempt if prearranged funeral plan is valid. | K.S.A. 16-310(d) | |
Jewelry / Adornment | Up to \$1,000 total. | K.S.A. 60-2304(b) | |
Motor Vehicle | Up to \$20,000 equity. If equipped for disabled persons, no limit. | K.S.A. 60-2304(c) | |
AFDC, General Assistance, Social Welfare | Fully exempt. | K.S.A. 39-717 | |
Crime Victims’ Compensation | Fully exempt. | K.S.A. 74-7313(d) | |
Unemployment Compensation | Fully exempt. | K.S.A. 44-718(c) | |
Workers’ Compensation | Fully exempt. | K.S.A. 44-514 | |
Books, Documents, Furniture, Instruments, Equipment, Breeding Stock, Seed, Grain, Stock | Up to \$7,500 total for tools of trade. | K.S.A. 60-2304(e) | |
National Guard Uniforms, Arms, Equipment | Fully exempt. | K.S.A. 48-245 | |
Wages | At least 75% of earned but unpaid wages are exempt. Bankruptcy judge may authorize more for low-income debtors. | K.S.A. 60-2310 | |
Wildcard | None explicitly under Kansas law. | -- |
This information is for educational purposes only and may not reflect the most recent legal developments or local court interpretations. It does not constitute legal advice. Consult a licensed Kansas bankruptcy attorney to verify these exemptions, amounts, and their applicability to your case.